University  of  California. 


GIFT    OF 


. J, 


(\vL^f      ps  cs'^taj 


STATE    OF    NEW    YORK. 


REPORT 


REGENTS  OF  THE  UNIVERSITY 


BOU  N  DARI ES 


STATE  OF  NEW  YORK. 


PREPARED    BY 


DANIEL  J.   PRATT,  Ph.  D., 

Assistant  Secretary. 


i^V       0*  THE 

rrrw 


Volume    II 


Being  a  continuation  of  Senate  Document  No.  108  of  1873,  and  Senate 
Document  No.  61  of  1877. 


ALBANY: 
THE   ARGUS   COMPANY,   PRINTERS. 

1884. 


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2  <£  >^y 


/ 


SECOND    REPORT 


REGENTS  OF  THE  UNIVERSITY 


BOUNDARIES  OF  THE  STATE  OF  NEW  YORK. 


UNIVERSITY  OF  THE  STATE  OF  NEW  YORK: 

Office  of  the  Regents, 

Albany,  N.  Y.,  May  8,  1877. 

To  the  Hon.  William  Dorsheimer, 

President  of  the  Senate : 

Sir.  —  I  have  the  honor  to  transmit,  in  continuation  of  the  Report 
of  the  Regents  of  the  University  of  May  28,  1873,  on  the  Boundaries 
of  the  State,  prepared  under  authority  of  a  resolution  of  tlie  Senate, 
adopted  April  19,  1867,  the  annexed  copies  of  Historical  Documents,* 
with  brief  explanatory  statements  and  notes. 

By  order  of  the  Regents, 

S.  B.  WOOL  WORTH, 

Secretary. 

*  The  discovery  of  new  material  after  the  transmission  of  this  report  to  the  Legis- 
lature, and  the  time  required  for  its  collection  and  examination,  have  rendered  an 
earlier  issue  of  this  report  impossible.  It  is  believed  that  few,  if  any  important 
papers  pertaining  to  these  boundaries  will  be  found  to  have  been  overlooked  in 
this  compilation. 


REPORT. 


To  the  Legislature  of  tJie  State  of  New    York : 

The  Regents  of  the  University,  in  communicating  this  continu- 
ation of  their  Report  of  May  28,  1873  (Senate  Document  No.  108 
of  that  year),  take  pleasure  in  referring  to  the  recognized  historical 
value  of  that  document,  which  has  already  been  of  service  in  pre- 
paring to  retrace  the  joint  boundary  line  between  this  State  and 
Pennsylvania,  under  the  authority  of  chapter  424  of  the  Laws 
of  1875.  Other  parts  of  that  Report,  and  of  this  continuation, 
will  be  equally  serviceable,  and  even  indispensable,  in  any  future 
reconnoissance  of  the  other  boundary  lines  of  the  State.  Proba- 
bly few  persons  are  aware  of  the  nature  and  extent  of  the 
proceedings  had  in  connection  with  the  establishment  of  these 
boundary  lines.  Many  of  the  official  records  on  this  subject 
have  hitherto  been  accessible  only  in  manuscript  form,  as  pre- 
served in  the  State  archives,  while  such  as  have  been  printed 
are  not  fully  reliable,  on  account  of  clerical  and  typographical 
errors.  In  this  publication,  the  sources  of  information  are  fully 
cited,  so  that  any  question  that  may  arise  about  the  original  text 
or  collateral  points,  can  be  readily  determined. 

The  preparation  of  this  work,  like  that  of  1873,  has  devolved 
upon  Mr.  Daniel  J.  Pratt,  the  Assistant  Secretary  of  this  Board, 
who  has  spared  no  pains  to  make  an  impartial  and  thorough 
examination  of  the  whole  subject. 

All  which  is  respectfully  submitted, 

By  Order  of  the  Regents, 

JOHN  V.  L.  PRUYN, 

Chancellor  of  the   University. 
S.  B.  Woolworth,  Secretary. 

Albany,  May  8,  1877. 


CONTENTS. 


Page. 
Determination  of  the  New  York  and  Canada  .loint  Boundary  Line 1 

Determination  of  the  New  York  and  Vermont  Joint  Boundary  Line 80 

Determination  of  the  New  York  and  Massachusetts  Joint  Boundary  Line 88 

Determination  of  the  New  York  and  Connecticut  Joint  Boundary  Line 225 

Determination  of  the  New  York  and  New  Jersey  Joint  Boundary  Line 598 


COPIES  OF  HISTORICAL  DOCUMENTS 

RELATING   TO  THB 

BOUNDARIES  OF  THE  STATE  OF  NEW  YORK 


PART     II. 

FIELD    WORK    AND    OTHER    MATTERS    RELATING   TO   THE 

DETERMINATION  OP  THE  SEVERAL  BOUNDARY  LINES, 

AND  TO  THE  ERECTION  OF  MONUMENTS  THEREON. 

(Continued  from  Senate  Document  No.  108,  of  1878.) 


DETERMINATION    OF    THE     NEW     YORK     AND    CANADA 
JOINT    BOUNDARY    LINE. 

[Governor  Moore  to  the  Lords  of  Tradk.  | 

New  York,  12  August  1766. 
*  *  *  * 

*  From  the  Mohawk  Country  I  propose  to  go  to  the  north  End  of 
the  lake  Champlain,  in  order  to  ascertain  the  boundary  line  between 
Quebec  and  this  Province,  which  by  His  Majesty's  order  is  fixM  at  the 
45th  degree.  The  great  expence  which  has  been  occasioned  to  this 
Provce  by  the  neglect  of  so  necessary  a  point,  as  that  of  fixing  their 
boundaries,  and  the  dispute  still  subsisting  with  the  Provinces  of  Jersey 
and  the  Massachusets,  have  engaged  me  in  this  undertaking,  and  as  the 
lands  thereabout  are  intirely  uncultivated,  I  shall  have  no  disputes  to 
encounter  with,  by  the  claims  of  persons,  pretending  to  be  proprietors 
of  the  soil,  and  a  matter  of  this  kind  is  of  course  much  more  easily 
settled  than  in  a  cultivated  country,  where  the  difference  of  the  Quit 
rent  and  the  other  causes  might  give  uneasiness,  altho'  the  line  should 
be  settled  with  the  greatest  accuracy.  I  have  wrote  to  the  Gov1"  of 
Quebec,  to  inform  him  of  my  intention,  and  desired  to  meet  him  at  a 
place  appointed,  requesting  at  the  same  time,  that  in  case,  either  health 
or  business  should  prevent  him,  that  he  would  send  up  some  intelligent 
person,  who  might  be  a  witness  of  our  transactions  there.  I  shall  on 
this  occasion  endeavour  to  obviate  any  disputes  which  arise  in  futuro, 
and  shall  not  trust  to  my  own  skill  and  judgment,  but  shall  take  with 
me  the  Mathematical  professor1  of  the  College  here,  and  a  very  fine 
1  This  seems  to  have  been  Robert  Harpur. — [P. 


2  Copies  of  Documents  Relating  to  the 

instrument  now  in  his  possession,  &  every  observation  made,  will  be 
in  the  presence  of  several  Gentlemen  of  Fortune  in  this  Province  who 
have  promised  to  attend  me  in  this  troublesome  expedition.  Before  I 
return  from  the  Lakes  I  propose  to  take  the  opportunity  of  taking  the 
lattitudes  of  several  places  between  Albany  and  the  boundaries,  that  I 
may  be  able  from  thence  to  form  a  more  correct  Map  of  those  parts 
than  what  has  hitherto  been  obtained.  I  have  the  honour  to  be  with  the 
greatest  respect  My  Lords. 

Your  Lord™"  most  obedient 

and  humble  servant 

H.  MOORE 
— \N.  Y.  Col.  Doc,  vii,  850. 

[GOVERNOR    MOORE    TO    THE    EARL,    OP    ShELBURNE.] 

Fort  George,  N  York  11  Ocf  1766. 
My  Lord 

After  my  absence  of  some  weeks  from  this  City,  during  which  time 
I  have  been  employed  in  fixing  the  boundary  Line  between  this  Province 
and  Quebec  and  in  settling  some  uneasiness  which  had  arose  among  the 
Mohawk  Indians,  I  returned  to  New  York  about  an  hour  before  the 
Pacquet  saild  which  gives  me  just  time  to  acknowledge  the  honor  of 
your  Lordships  letters  of  the  10th  of  July  and  9th  of  August  and  at  the 
same  time  to  offer  my  most  respectful  congratulat"8  on  your  Lordships 
appointment  to  the  office  of  Secretary  of  state  ;  By  the  next  Pacquet  I 
shall  beg  leave  to  lay  before  your  Lordship  some  claims  made  by  the 
inhabitants  of  Quebec  on  the  Lands  of  this  Province,  which  occasion 
great  uneasiness  here  and  hope  to  be  able  by  that  time  to  procure  a 
map  of  that  Part  of  the  Country  which  may  serve  to  put  the  dispute  in 
a  proper  light;  whatever  else  may  occur  in  which  his  Majesty's  Service 
may  be  promoted,  shall  be  constantly  laid  upon  your  Lordship  and  I 
have  the  honor  to  be  with  the  greatest  respect 

My  Lord 

Your  Lordships 

most  obedient  and  humble  Servant 

H.  MOORE 

—\N.  Y  Col.  Doc,  vii,  873. 

[Governor  Moore  to  the  Lords  op  Trade.  J 

New  York.  7.  Novr  1 766. 
My  Lords 

1  had  the  honor  of  informing  -your  Lordpps  in  a  former  letter  that  I 
proposed  to  settle  the  Boundary  line  between  this  Province  &  Quebec 
as  soon  as  I  could  conveniently  leave  this  City,  and  it  was  not  long 


Boundaries  of  the  State  of  New  York.  3 

before  I  had  an  opportunity  of  doing  it,  for  upon  the  arrival  of  Briga- 
dier Carleton  from  England,  I  set  out  in  company  with  him  for  lake 
Champlain,  and  after  encountering  with  many  difficulties  occasioned  by 
the  badness  of  the  weather,  we  fixed  the  limits  on  the  River  Sorell 
about  two  miles  and  a  half  below  windmill  Point,  which  is  further  to 
the  Northward  than  we  imagined  to  find  it  from  the  observations  which 
were  said  to  be  made  there  by  the  French  some  few  years  ago  ;  Upon 
our  arrival  at  Windmill  Point,  several  French  Gentlemen  came  to  us, 
there  from  Quebec,  as  well  to  pay  their  compliments  to  Brigr  Carleton, 
as  to  request  of  me  the  confirmation  of  their  Rights  to  those  Seigneu- 
ries  which  on  our  observations  should  be  found  in  the  Southward  of  the 
45th  degree,  and  which  were  granted  to  them  before  the  conquest  of 
Canada. 

*  *  *  * 

*  Your  Lordpp8  will  see  at  one  view  how  great  a  prejudice  to  the 
settlement  of  tire  Provee,  the  present  uncertain  tenure  must  occasion, 
for  several  other  persons  who  have  obtained  His  Majty'8  sign  manual  for 
large  Tracts  are  desirous  of  taking  them  up  on  the  sides  of  Lake  Cham- 
plain,  and  have  already  gone  so  far,  as  to  make  actual  Surveys  of  the 
lands,  but  are  now  discouraged  from  proceeding  farther,  lest  after  a 
great  expence  incurred  they  might  be  turned  out  of  possession.  I  was  in 
hopes  that  I  should  have  been  able  to  have  sent  over  to  Your  Lordpps  by 
this  opportunity  an  actual  Survey  of  the  Lake  taken  by  a  skillful  hand, 
in  which  all  the  French  claims  were  to  be  distinguished,  with  the 
number  of  acres  which  each  of  them  contained,  and  likewise  the  grants 
made  to  the  Officers  and  So'ldiers,  under  the  great  seal  of  this  Provce  in 
consequence  of  His  Majtys  Proclamtn  which  would  have  shew'd  at  one 
view  how  far  they  interfere  with  each  other.  The  Deputy  Surveyor  of 
Canada,  who  attended  me  the  whole  time  I  was  employed  in  fixing  the 
line  of  division  between  the  Provinces,  promised  to  furnish  me  with  an 
exact  draught  of  all  the  Seigneuries  on  the  Lake,  time  enough  to  trans- 
mit to  Your  Lordpps  by  the  Packet,  but  I  have  not  heard  from  him  since 
my  return  hither.  *  *  *  * 

I  have  the  honor  to  be  —  ettc. 

H:  MOORE. 

— [N.   Y  Col.  Doc,  vii,  873. 

[Governor  Moore  to  the  Earl  op  Shelburne.] 

Fort  George  New  York  Nov  3.  1 766 
•  *  *  * 

*  I  have  now  the  honor  to  inform  your  Lordship  that  the  line  of 
Division  between  this  Province  and  Quebec  is  fixed  in  the  River  Sorrell 
about  Two  miles  and  a  half  below  Windmill  Point,  so  that  no  part  of 


4  Copies  of  Documents  Relating  to  the 

Lake  Champlain  is  included  in  the  Province  of  Quebec,  except  a  small 
Portion  of  the  Missicoui  Bay;  *  *  * 

H.  MOORE. 
—[&.  Y.  Col.  Doc,  vii,  375. 

[In  Council  and  General  Assembly.] 

November  10,  1766. 
*  *  *  * 

Gentlemen  of  the  General  Assembly, 

The  great  Expence  in  which  this  Colony  has  been  engaged  for  some 
time  past,  and  the  Difficulties  which  still  subsist  in  regard  to  Limits 
between  this  and  the  Neighbouring  Provinces  of  Massachusets  and  the 
Jerseys,  have  engaged  me  to  ascertain  as  soon  as  possible,  the  Line 
which  his  Majesty  has  been  pleased  to  fix,  by  his  Royal  Proclamation, 
for  the  Boundary  between  this  Province  and  Quebec.  And  after  the 
necessary  supplies  of  Government  are  raised,  I  must  recommend  it  t?o 
the  General  Assembly  to  make  Provision  for  the  farther  opening  and 
continuing  this  Line,  in  which  I  flatter  myself  that  the  Province  of 
Quebec,  equally  interested  in  it,  will  readily  contribute,  as  a  Mutual 
Benefit  will  be  derived  from  it.  I  must  at  the  same  time  earnestly 
request  that  proper  measures  may  be  taken  to  settle  the  Boundaries 
between  the  different  Counties  in  this  Province,  and  fix  them  by 
Authority.  *  *  *  * 

H:  MOORE. 
— [N~.  Y.  Legis.  Council  Journal,  p.  1598. 

[In  Council.] 

November  14,  1V06. 

The  humble  Address  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Mccellency, 

*  *  * 

Sensible  of  the  great  Importance  of  having  the  Limits  of  the 
Province  well  established,  we  have  great  satisfaction  in  the  early 
measures  that  your  Excellency  has  taken  to  ascertain  the  Line,  which 
his  Majesty  has  been  pleased,  by  his  Royal  Proclamation,  to  fix  as 
the  Boundary  between  this  Colony  and  Quebec ;  and  hope  your 
Excellency's  Recommendation  to  provide  for  the  further  opening  and 
continuing  that  Line,  will  have  the  desired  effect. 

IP  V  W  *  4 

By  order  of  the  Council 

Dan  Horsmanden,  Speaker. 
Council  Chamber  New  York 

14th  November  1766. 
— [iV.  Y.  Legis.  Council  Journal,  p.  1600. 


Boundaries  of  the  State  of  New  York.  5 

[Govebnob  Moore  to  the  Lords  of  Trade.] 

New  York.  19.  Decr  1766. 

*  *  *  * 

P.  S.  Brigr  Carleton,  having  told  me,  that  he  intended  writing  to 
your  Lord"18  immediately  upon  his  arrival  at  Quebec,  to  request  on  the 
Part  of  that  Province,  that  the  Boundary  line  which  had  been  settled 
by  us  might  be  fixed  by  His  Majesty's  authority  where  we  had  mark'd 
it ;  I  have  the  same  request  to  make  on  the  part  of  this  Province,  as  it 
may  be  a  means  of  preventing  any  Litigation  hereafter,  and  quieting 
the  minds  of  many  who  are  going  up  early  in  the  spring  to  settle  in 
those  parts. 
—[N.  Y.  Col.  Doc,  vii,  885. 

[Governor  Moore  to  the  Earl  of  Shelburne.] 

Fort  George,  New  York,  7th  Decemr  1767. 

*  *  *  * 

*  Last  year  I  was  employ'd  for  Six  Weeks  in  settling  the  Boundary 
Line  between  this  Province  and  Quebec,  &  in  the  Negociation  with  the 
Indians,  to  whom  I  gave  presents  of  considerable  value  before  I  left 
them,  but  on  my  return  here  no  compensation  was  made  to  me  for  the 
monies  laid  out  in  these  necessary  services;  not  one  shilling  of  it  has 
been  yet  repaid  although  two  Sessions  of  Assembly  have  been  held 
since  that  time  nor  do  I  suppose  it  is  ever  intended,  notwithstanding  it 
is  well  known  that  my  expences  amounted  to  upwards  of  £500;  By 
the  Table  of  Fees  sent  home  lately  your  Lordship  will  see  how  deep 
such  a  sum  will  sink  into  the  scanty  salary  of  £2000  allow'd  to  the 
Govei'nor  here,  which  without  any  Deductions  together  with  the  common 
Fees  of  Office  are  far  from  being  sufficient  to  support  him  with  that 

decency  becoming  the  King's  Representative  here. 

*  *  *  * 

H.  MOORE. 

— \N.  Y.  Col.  Doc,  vii,  1003. 

[In  Genebal  Assembly.] 

Die  Mercurij,  3  ho.  P.  M.  the  30th  December,  1767. 

*  *  *  * 

Mr.  Speaker  also  laid  before  the  house,  an  account  of  money  expended 
by  his  Excellency  Sir  Henry  Moore,  on  his  journey  to  settle  the  line  of 
jurisdiction  between  this  colony  and  the  province  of  Quebec,  amounting 
to  the  sum  of  £379     11     7 

And  also  a  memorandum  of  sundry  services  performed  by  Mr.  Ratzer, 
at  the  request  of  his  Excellency  the  Governor. 

Ordered,  That  the  several  accounts  [including  others  than  the  above] 


6  Copies  of  Documents  Relating  to  the 

be  refered  to  the  consideration  of  the  committee  to  whom  is  refered  the 
bill,  entitled  "  an  act  for  paying  the  salaries  and  services  of  the  several 
officers  of  the  government,  etc.,  *  *  that  they  examine  the 
same,  and  add  proper  clauses  thereto,  for  as  much  as  they  shall  find 
justly  due  thereon. 

— [N.  Y.  Col.  Assem.  Journal,  1766-1776,  p.  61. 

[In  Privy  Council.] 

At  the  Court  at  S*  James  the  12th  Day  of  August  1768. 
*  *  *  * 

Whereas  there  was  this  Day  read  at  the  Board  a  Report  from  the 
Right  Honourable  the  Lords  of  the  Committee  of  Council  for  Planta- 
tion affairs  dated  the  9th  of  this  Instant,  upon  considering  a  Report 
made  by  the  Lords  Commissioners  for  Trade  and  Plantations,  upon  an 
Extract  from  a  Letter  from  Sir  Henry  Moore  Governor  of  New  York 
to  the  Earl  of  Shelburne  dated  the  16th  January  last,  relative  to  the 
setling  the  Boundary  Line  between  that  Province  and  Quebec:  By 
which  Report  it  appears,  that  it  having  been  mutually  agreed  upon, 
between  Sir  Henry  Moore  and  the  Commander  in  Chief  of  the  Province 
of  Quebec,  at  a  Meeting  for  that  purpose  appointed,  that  the  Line  of 
Division  between  these  Provinces  should  be  fixed  at  the  forty  fifth  Degree 
of  North  Latitude,  conformable  to  the  Limits  laid  down  in  his  Majesty's 
Proclamation  of  October  1763,  and  it  having  been  ascertained  and 
determined  by  proper  Observations  where  the  said  Line  would  pass  ;  it 
is  therefore  proposed  that  these  Proceedings  above  stated  should  be  con- 
firmed by  his  Majesty.  His  Majesty  taking  the  said  Report  into  Con- 
sideration was  pleased  with  the  advice  of  his  privy  council  to  approve 
thereof,  and  doth  hereby  confirm  the  said  Proceedings  above  stated, 
and  order  that  the  said  Line  of  Division  be  run  out  and  continued  as 
far  as  each  Province  respectively  extends.  Provided  that  nothing  herein 
before  contained  shall  extend  to  affect  the  Properties  of  his  Majesty's 
new  Subjects,  having  Possessions  under  proper  Titles,  on  those  parts  of 
the  Lands  on  the  South  side  of  this  Line,  the  Dominion  of  which  was 
not  disputed  on  the  part  of  the  Crown  of  Great  Britain  ;  and  Provided 
also  that  this  Determination  shall  not  operate  wholly  to  deprive  his 
Majesty's  new  Subjects  of  such  Concessions  on  the  South  side  of  the 
said  Line,  on  which  they  may  have  made  actual  Settlement  and  Improve- 
ment, although  the  Lands  may  have  been  disputed  by  the  Crown  of 
Great  Britain  ;  but  that  such  Possessors  shall  be  entitled  to  so  much  of 
the  said  Concessions,  as  shall  be  proportioned  to  their  Improvements, 
at  the  rate  of  fifty  acres  for  every  three  acres  of  Improvement,  provided 
they  take  out  Grants  for  the  same  under  the  Seal  of  the  Province  of 


Boundaries  of  the  State  of  New  York.  7 

New  York,  subject  to  the  usual  Quit  Rents  ;  and  Provided  also  that 
the  Grant  to  no  one  Person  shall  exceed  twenty  thousand  acres:  And 
the  Governors  or  Commanders  in  Chief  of  his  Majesty's  said  Provinces 
of  New  York  and  Quebec  for  the  Time  being,  and  all  others  whom  it 
may  concern,  are  to  take  Notice  of  his  Majesty's  Pleasure  hereby  signi- 
fied and  govern  themselves  accordingly. 

STEPH:  COTTRELL. 

— [JST.  Y  Col.  MSS,  xcv,50;  K  Y.  Council  Minutes  (MS.)  v.  26,  p.  131. 

[In  Council.] 

February  8,  1771. 

His  Excellency  communicated  to  the  Board  his  Intentions  of  sending 
a  Message  to  the  General  Assembly  recommending  a  provision  for  the 
expence  of  running  and  ascertaining  the  Boundary  Line  between  this 
province  and  Quebec,  from  the  Station  fixed  by  Sir  Henry  Moore  at 
the  45th  Degree  of  Northern  Latatude  to  Connecticut  River,  of  which 
the  Board  approved  and  advised  a  Message  to  be  sent  accordingly. 
— [IF.  Y.  Council  Minutes  (MS.),  v.  26,  p.  208. 

By  his  Excellency  the  Right  Honourable  John  Earl  of 
Dunmore  Captain  General  and  Governor  in  Chief  in 
and  over  the  province  of  New  Yox-k  and  the  Seiniories 
depending  thereon  in  America  Chancelor  and  Vice 
Admiral  of  the  same. 
In  Council  the  twenty  ninth  Day  of  May  1771. 

Whereas  the  General  assembly  of  the  said  province  did  on  the  14th 
day  of  February  last  Resolve  that  provision  be  made  for  defraying  one 
half  of  the  Expenses  of  running  and  ascertaining  the  Boundary  Line 
between  this  Colony  and  Quebec  from  the  Station  fixed  by  his  late 
Excellency  Sir  Henry  Moore  at  the  45th  Degree  of  North  Latitude  to 
Connecticut  River  provided  the  said  one  half  thereof  does  not  exceed 
the  sum  of  one  hundred  and  fifty  Pounds.  You  are  therefore  to  pay 
unto  Samuel  Verplanck  in  Behalf  and  on  account  of  Adolphus  Benzel 
the  Surveyor  employed  on  the  part  of  this  Province  for  running  and 
ascertaining  the  said  Line  the  sum  of  one  hundred  pounds  to  be  by  the 
said  Adolphus  Benzel  employed  in  the  service  aforesaid  and  for  so 
doing  this  shall  be  your  warrant.     Given  as  above 

To  Abraham  Lott  Esq1-  Treasurer 
of  the  Colony  of  New  York. 

By  ordered  his  Excellency  in  Council. 
— [IT.  Y.  Col.  MSS.,  xcvii,  55. 


8  Copies  of  Documents  Relating  to  the 

[Correspondence.] 

Crown  Point,  Aug81  9th  1771 
Sir. 

The  bearer  of  this,  Mr  Smith,  I  beg  leave  to  recommend,  as  I  am  well 
persuaded  he  deserves  your  Friendship.  I  have  appointed  him  one  of 
my  Deputys:  and  agreeable,  I  have  authorised  him  to  assist  you,  in  the 
execution  of  this  Important  business,  in  running  the  Latitude  45,  the 
expences,  of  consequence,  between  the  two  Provinces,  will  be  equal,  and, 
I  am  well  perswaded,  that  Mr  Smith,  in  all  purposes,  will  answer  my 
presence,  as  neither  my  health,  nor  other  Public  concerns,  will  allow  me 
to  be  for  such  long  time  absent. 

I  shall  be  extreamly  happy,  of  seeing  yo\i  in  Canada  or  at  Crown 
Point,  as  then  I  expect  to  contract  a  more  familiar  acquaintance  with 
you. 

My  Lord  Dunmore  arrived  the  day  before  yesterday,  and  it  is  not 
likely  he  will  go  further,  than  Otter  Creek,  as  He  proposes  soon,  to  set 
of  for  Virginia.  Should  my  Lord  resolve,  further  than  Lake  Cham- 
plain,  I  shall  infallibly  attend  Him  to  Canada. 

I  am  with  sincere  esteem  Sir 

Your  most  obedient  and  Humble  Servant 

ADOLPHUS  BENZEL. 

To  John  Collins  Esq? 

Aug'  10tb 
P.  S. 
Sir 

Since  writing  this  Mr  Smith  has  been  attack'd  with  fever  and  ague 
and  probably  by  his  sickness  it  will  be  uncertain  if  he  can  proceed.  I 
therefore  cannot  reconcile  my  self  how  to  act  without  one  person  pre- 
sent representing  this  Province  tho  I  am  well  persuaded  and  assured  of 
all  Mr  Collins'  merits.  I  therefore  wish  you  two,  would  settle  how  to 
act  with  the  best  propriety. 

*  *  *  * 

ADOLPHUS  BENZEL. 

— [N.  T.  Col.  MS&,  xcvii,  78. 

[In  Council.] 
At  a  Council  held  at  Fort  George  in  the  City  of  New  York  on 
Wednesday  the  twenty-first  day  of  August  1771. 

*  *  *  * 

A  letter  of  the  30th  July  last  was  read  from  Adolphus  Benzell  Esquire, 
acquainting  his  Excellency  that  himself  and  Mr  Collins  Deputy  Surveyor 
General  of  Quebec,  had  appointed  the  10th  or  12th  of  this  Month  to 
begin  running  the  Line  of  partition  between  the  two  provinces. 


Boundaries  of  the  State  of  New  York.  9 

Ordered  that  the  Clerk  of  this  Board  acknowledge  the  Receipt 
of  the  above  Letter ;  and  acquaint  Mr  Benzell  by  Letter,  that  his 
Excellency  recommends  the  marking  and  distinguishing  the  Line  so  as 
that  it  may  be  easily  discovered  and  traced  on  future  occasions ;  and 
that  he  accompany  his  Return  to  his  Excellency  with  a  Copy  of  his 
Field  Book  enriched  with  such  Remarks  as  he  shall  think  worthy  of 

observation. 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  v.  26,  p.  244. 

[Correspondence.] 

New  York  26th  August  1771 
Sir 

His  Excellency  communicated  to  the  Council  your  Letter  of  the  30th 
July,  advising  that  yourself  and  Mr  Collins  Deputy  Surveyor  General 
of  Quebec  had  appointed  the  10th  or  12th  of  this  Month  to  begin  running 
the  Line  of  Partition  between  the  two  provinces. 

I  have  his  Excellency's  Directions  to  acquaint  you  that  he  doubts  not 
you  will  perforni  this  very  necessary  and  essential  Service  in  a  Manner 
that  will  give  the  utmost  satisfaction  to  both  governments,  by  making 
and  distinguishing  the  Line,  so  as  to  prevent  as  much  as  possible  any 
Difficulty  in  discovering  or  tracing  it  on  future  Occasions;  and  that  he 
desires  you  will  be  so  obliging  as  to  send  with  your  Return  to  him  a 
Copy  of  your  Field  Book  enriched  with  such  Observations  and  Remarks 
as  you  shall  deem  worthy  his  Notice. 

I  am  Sir  &c. 

(No  signature.) 
To  Adolphus  Benzel  Esqr 

[Endorsed  ]     Draft  —  Letter  to  Mr  Benzel  relative  to  the  Line  between 
New  York  &  Quebec. 
—[N.  Y.  Col.  MSS.,  xcvii,  81. 

[In  Council.] 
At  a  Council  held  at  Fort  George  in  the  City  of  New  York  on  Wednes- 
day the  twenty  seventh  day  of  November  1771. 

*  *  *  * 

An  account  of  Adolphus  Benzell  Esqr  exhibeted  in  his  Behalf  by 
Joseph  Smith,  of  Charges  and  Disbursements  in  running  about  twenty 
two  Miles  of  the  Partition  Line  between  this  Colony  and  Quebec 
amounting  in  the  whole  to  £80 .18.0,  was  laid  before  the  Board  and 
Read,  whereby  it  appears  that  there  is  a  Balance  in  his  Hands  of 
£19.2.0  due  to  this  Province — Whereupon  it  is  ordered  by  his  Excel- 
lency  the   Governor  with   the  Advice  of  the   Council,  that   the  said 


10  Copies  of  Documents  Relating  to  the 

Adolphus  Benzell  do  pay  the  said  Sum  of  £19.2  to  John  Collins  Esq' 
Deputy  Surveyor  General  of  Quebec,  taking  his  Receit  for  the  same. 

And  it  appearing  that  Mr  Benzel  had  not  personally  attended  the  said 
Service,  The  Council  humbly  advised  his  Excellency  the  Governor  to 
appoint  some  other  Person  in  the  Room  of  Mr  Benzel  who  will  attend 
the  Duty  personally  to  Act  in  Conjunction  with  Mr  Collins  in  complet- 
ing the  said  Line  as  soon  as  may  be. 

An  account  of  John  Collins  Esqr  Deputy  Surveyor  General  of  Quebec 
of  Charges  and  Disbursements  made  by  him  for  running  so  much  of  the 
Partition  Line  between  the  two  Provinces  as  is  yet  marked  and  distin- 
guished; amounting  in  the  whole  to  £89.19.4  Halifax  Currency,  was 
laid  before  the  Board  and  read  ;  whereby  it  appears  that  he  has  received 
of  Adolphus  Benzel  Esqr  on  Account  £19.4.0,  and  that  after  deduct- 
ing £19.2.0  which  he  is  still  to  receive  of  Mr  Benzel,  there  will  be  a 
Balance  due  to  the  said  Mr  Collins  of  £33.13.6  New  York  Currency 
on  the  part  of  this  Colony,  and  the  said  Account  being  examined  and 
considered  at  the  Board,  a  Warrant  was  Ordered  to  issue  for  the 
Balance. 

The  following  Warrant  on  the  Treasurer  being  Read  was  signed  by 
his  Excellency  the  Governor  Viz* 

To  John  Collins  Esquire  (being  with  the  Sum  of  £19.4.0 
he  has  Received  and  £19.2.0  he  is  to  Receive  of  Adol- 
phus  Benzel   Esqr   in  full  of  his  Account  of  Expencesj 
accrued  on  the  Part  of  New  York  in  running  about  22/  £33.13.6. 
Miles  of  the  Partition  Line  between  this  Province  and 
the  Colony  of  Quebec  the  Sum  of 

— [N.  Y.  Council  Minutes  (MS.),  v.  26,  p.  258. 

17*71.  Proviuces  of  Quebec  &  New  York  —  To  Johns  Collins  Esqr 
Deputy  Surveyor  General  of  the  Province  of  Quebec  for 
Sundrys  for  Carring  on  the  Boundary  line  between  the  said 

Provinces. 

£.     s.  d. 

Tinmans  Bills  for  Kettles  &c 2     2  6 

Mr  Bells  Bill  at  the  River  la  Cole  for  Masons  &  Horses  &c.  15   10  0 

Mr  J.  Maureys  Bill  for  Cartage  &c  of  Provisions 4  18  0 

Mr  Ermintingers  Bill  for  Axes  and  Grocery 16   16  0 

Mr  Morrisons  Bill  for  Rum  &  Wine 10     1  4 

Pd  the  Cooper  for  Kegs  &  Tub 1     1  H 

Freight  of  Stores  from  Quebec 0     8  0 

Beef  and  Tongues 1   16  0 

2  Quire  of  paper °     3  2-$ 

2  Black  lead  pencils 0     1  0 


Boundaries  of  the  State  of  New  York.  11 

£.  s.  d. 

Cartage 0  2  4^ 

a  Qarter  Cask  of  Maderia !6  °  ° 

Paid  the  Cooper  for  Kegs  and  drawing  off  a  Cask  of  Wine 

at  Quebec » 1  1  ^ 

To  6  Gallons  of  French  Brandy 2  8  0 

To  M™  Myers  at  the  Isle  aux  Noix 4  0  0 

To  Mr  Arnold  at  the  Montreal  Coffee  House 2  2  9 

To  Venelau  at  Mesesquea 0  4  0 

To  the  Cooper  for  heading  the  Bread  barrils 0  8  0 

To  Cartage  of  Provisions  &c  from  La  Preairie  to  S'  Johns.  3  4  0 

Two  loaves  of  Sugar 1  12  0 

To  Thomas  at  Grand  Isle  for  greens  &c 0  4  9^ 

Tavern  Bill  at  Mr  Robinsons,  S*  Johns 2  10  9 

To  Cartage  and  ferriage  from  Sl  Johns  to  Montreal 1  5  10| 

To  Four  Stones  and  cuting  the  Inscriptions 6  0  0 

To  Cash   paid  for  earring  the  Stones  from  S'  Johns  to  the 

River  la  Cole 0  8  0 

Paid  for  making  14  bags 0  8  0 

Mens  Wages 51  3  0 

146     6     6£ 

3060,b  of  Flour  1040,b  of  Pork  &  84  Gall"  of  Peas  —  To  be  settled 
between  the  two  Provinces. 

Stores  remaining  belonging  to  the  two  Provinces  left  in  the  care  of 
Mr  Joseph  Bell  at  the  River  la  Cole. 
5    Barrels  of  flour 

5        D°      of  Pork  and  part  of  a  Broken  Barrel 
2±      D°       of  Peas 
3    Kegs  of  Maderia  Wine 
1       D°    of  French  Brandy 
8  Axes  and  12  bags 

1  Barrel  of  new  England  rum 

At  Mr  Robinsons  S*  Johns 
3  Tin  kettles 

2  Copper  D° 

plates  dishes  &  spoons  &c 

N.  2  Axes,  &  2  bags  stole  by  Deserters 

Endorsed  —  Recd  30a  Octr.  1771. 
—[Ni  Y.  Col.  MSS.,  xcvii.,  125. 


12  Copies  of  Documents  Relating  to  the 

[correspondence.] 

Fort  George,  New  York,  30th  Dec'  1771. 
Sir 

The  Commissioners  formerly  appointed  for  runing  the  partition  Line 
between  this  Government  and  the  Province  of  Canada,  having  proceeded 
only  Twenty  miles  of  the  Distance,  and  it  being  necessary  that  some 
other  person  should  be  appointed  in  the  Room  of  Mr  Benzell,  that  the 
same  may  be  fully  extended  between  the  two  Governments  ;  the  nature 
of  your  office,  as  Surveyor  General  of  the  Province,  points  You  out  to 
me  as  the  properest  person  to  be  nominated  on  the  part  of  this  Govern- 
ment to  perform  that  essential  and  important  Service.  I  am  therefore 
to  desire  You  to  attend  at  Col0  Cristy's  on  the  River  Cole  on  the  first 
Day  of  March  next  with  such  assistants  and  attendants  only  as  will  be 
necessary  for  extending  the  divisional  Line  to  the  Western  Banks  of 
Connecticut  River,  in  Conjunction  with  the  Commissioner  named  by  the 
Government  of  Canada,  who  has  directions  to  meet  you  at  Col0  Chris- 
ty's House  with  Provisions  and  other  necessaries  for  proceeding,  with- 
out Delay,  on  the  Survey,  agreeable  to  His  Majesty's  pleasure  concern- 
ing the  limits  of  the  two  Governments. 

I  am  Sir  Your  most  obed1  Serv' 

WM.  TRYON. 

Alexander  Colden  Esquire  Surveyor  General. 

— [N.  Y.  Col.  M8S.,  xcviii,  4. 

New  York  Jan'y  4th  1772 
Sir 

I  am  Honour'd  with  your  Excellencys  letter  of  the  30th  of  last  Month 
and  much  obliged  to  you  for  the  favorable  oppinion  your  Excellency  is 
pleased  to  entertain  of  my  being  a  proper  Person  to  be  nominated  on  the 
part  of  this  Government  for  the  service  you  mention  and  should  be 
happy  in  performing  the  same  would  my  State  of  health  Permit  me  to 
undertake  it;  but  as  I  have  had  several  attacks  of  the  Gout  not  only  in 
my  feet  but  likewise  in  my  Stomach  and  dayly  feel  simptoms  of  it  hang- 
ing about  me  I  have  great  reason  to  be  aprehensive  that  travelling  and 
laying  in  the  woods  in  the  cold  months  of  February  and  March  might 
bring  a  severe  fitt  of  that  disorder  again  upon  me  which  would  not  only 
retard  the  Service  but  would  endanger  my  life.  I  therefore  pray  yr 
Excellency  will  excuse  me  and  nominate  some  other  person. 

I  am  with  great  respect 
Yor  Ex'JS 

Most  obed'  & 

Most  humble  Ser' 
[Endorsed]  "To  Gov'  Tryon."  {Not  signed.) 

—\N.  Y  Col.  MSS.,  xcviii,  32. 


Boundaries  of  the  State  of  New  York.  13 

[In  Council.] 
At  a  Council  held  at  Fort  George  in  the  City  of  New  York 
on    Wednesday  the   Twenty   second  day  of    January, 

1772. 
*  *  *  * 

His  Excellency  laid  before  the  Board  the  Draft  of  a  Commission 
authorizing  Alexander  Colden  Esquire  Surveyor  General  of  this  Prov- 
ince, by  himself  or  his  sufficient  Deputy,  in  Conjunction  with  the  Sur- 
veyor already  or  which  shall  hereafter  be  appointed  on  the  Part  of  the 
Colony  of  Quebec,  to  Run,  Mark,  ascertain  and  distinguish  the  Partition 
Line  between  the  said  two  Provinces,  as  far  as  each  respective  Province 
extends.  And  the  Draft  being  Read  and  a  Clause  added  thereto, 
enjoining  the  Surveyor  General  or  his  Deputy  to  observe  and  perform 
such  Instructions,  as  shall  be  given  by  the  Governor  or  Commander  in 
Chief  for  the  Time  being,  The  same  was  approved  of,  and  ordered  that 
the  same  Pass  the  Great  Seal  accordingly. 
—[JST.  Y  Council  Minutes  (MS.),  v.  26,  p.  271. 

[C  OREBSPO  N  DENCB.  ] 

Fort  George  New  York 
Copy  30th  January  1772. 

Sir 

In  Consequence  of  the  Commission  you  have  received  from  me  for 
running  the  Partition  Line  between  this  Government  and  the  Province 
of  Quebec,  You  will  please  to  obseiwe  that  You  are  required  by  Yourself, 
or  your  sufficient  Deputy,  to  repair  by  the  First  Day  of  March  next  to 
the  house  of  Collonel  Christy  on  the  River  Cole,  about  two  Leagues  to 
the  northward  of  Point  Moore,  taking  with  you  such  assistants  and 
attendants,  as  will  be  requisite  for  extending  the  said  Line  in  Conjunction 
with  the  Surveyor,  (or  Commissioner,)  and  his  attendants  appointed  by 
the  Government  of  Quebec,  who  will  meet  you  there,  with  provisions 
and  necessaries  for  proceeding  without  Delay  to  the  place  where  the 
Surveyors  or  Commissioners  stopped  the  last  Fall.  From  whence  you  are 
to  continue  the  same  Line  untill  you  arrive  at  the  western  Banks  of  the 
main  Branch  of  Connecticut  River  that  Crosses  the  Forty  Fifth  Degree 
of  northern  Latitude,  but  if  such  main  branch  shall  be  found  not  to 
extend  Northward,  so  far  as  the  Latitude  of  Forty  Five,  then  to  run  a 
perpendicular  from  the  northermost  part  of  the  said  Branch  to  the 
Line  aforesaid;  and  in  running  the  said  Line  care  must  be  taken  to 
blaze  the  Trees  on  the  East  and  west  Sides  as  you  pass  along  Cuting 
down  only  such  Trees  as  stand  directly  in  the  sight  of  the  Compass, 
and  at  the  Distance  of  every  three  miles  laying  together  a  large  Heap 


14  Copies  of  Documents  Relating  to  the 

of  Stones,  and  cutting  a  few  knotches  on  the  Trees  nighest  eacli  pile  of 
Stones.  It  is  of  the  utmost  Consequence  that  vou  should  not  stop  at 
any  water  Course  short  of  the  aforementioned  main  Branch  of  Connec- 
ticut River,  and  it  is  only  by  adhering  to  these  Instructions  that  You  can 
answer  the  just  Expectations  of  the  Public,  n-om  whom  you  are  to 
receive  your  Reward  for  performing  this  Important  Service. 

You  are  to  return  to  me  a  map  with  a  Field  book  of  the  Survey  in 
which  Book,  You  are  to  take  notice  of  all  Remarkable  waters  you  cross 
minuting  also  the  Courses  and  distances  of  the  marked  Trees  near  the 
monuments  of  Stones  You  shall  erect,  with  such  other  observations  as 
shall  appear  worthy  of  notice,  to  the  Intent  such  map  and  Field  Book 
may  be  lodged  in  the  office  of  the  Secretary  of  the  Province. 

I  am 
Sir 

Your  most  obedient  Servant 

WM  TRYON 
Alexr  Colden  Esquire  Surveyor  General. 

—[A7!  Y  Col  MSS.,  xcviii,  46. 

[Thomas  Vallentine  to  Alexander  Colden.] 
Sir 

As  Canada  is  bounded  on  the  South  by  "  a  Line  drawn  from  the  South 
end  of  Lake  Nipissim  crossing  the  River  S4,  Lawrence  and  Lake  Cham- 
plain  in  Forty  five  degrees  of  Northern  Lattitude  and  thence  passing 
along  the  Highlands  which  divides  the  rivers  that  empty  themselves 
into  the  said  River  S'  Lawrence,  from  those  which  fall  into  the  Sea ;  "  I 
am  apprehensive  that  the  Highlands  aforesaid,  have  a  different  be'aring 
from  the  course  of  the  Line  to  be  run  for  the  Northern  bounds  of  this 
Province  ;  And  that  the  Surveyor  on  the  Part  of  Quebec  Gov*  will  not 
proceed  farther  than  where  he  meets  the  Highlands,  or  comes  to  the 
Heads  of  the  rivers  above  described.  I  therefore  request  that  when 
my  Instructions  are  making  out  for  the  running  of  the  said  Line  that 
you  may  direct  how  I  shall  Act  in  that  Case.  Also  whether  the  said 
Line  shall  be  continued  West  from  Point  Moore  to  the  River  S*  Law- 
rence as  'tis  highly1  that  the  Government  of  Quebec  want  to  have  the 
Southern  bounds  of  that  part  of  their  Province  acertained 

I  am 
Sir 

Your  most  obed* 
Humble  Serv' 
THO  VALLENTINE 
New  York  Febr  Sd  1112. 

—[N.  Y  Col.  MSS.,  xcviii,  51. 

1  So  in  the  original.  —  [P. 


Boundaries  of  the  State  of  New  York.  15 

Reed  from  Alexander  Colden  Esqr  the  sum  One  Hundred  Pounds 
currency  being  the  Sum  he  received  from  his  Excellency  William  Tryon 
Esqr  towards  Defraying  the  expence  of  running  the  Line  from  Point 
Moore  on  Lake  Champlain  to  Connecticut  River     February  4th  1772 

THO  VALLENTINE 
[Endorsement] 
Febry  4  1772 

Thomas  Valentine's  Rect  for  £100  for  which  I  gave  his  Excellency 
Wm  Tryon  Esq  a  Rect  on  Acct  for  the  Expences  for  running  the  Division 
line  between  the  Provinces  of  Quebec  &  New  York 
—[N.  Y  Col.  MSS.,  xcviii,  52. 

[Alexander  Colden  to  John  Collins.] 

New  York  Feb"  6,  1772 
Sir 

His  Exly  Gr  Tryon  having  by  a  Commission  under  the  great  Seal  of 
this  Province,  appointed  me  the  Survey*  on  the  pai-t  of  this  Gov*  with 
power  by  myself,  or  Sufficient  Deputy,  in  Conjunction  with  the  Surveyr 
that  is,  or  shall  be  appointed,  on  the  part  of  the  Province  of  Quebec,  to 
run  out,  and  ascertain,  the  Partition  line  between  the  two  Provinces, 
Eastward  from  the  Station  already  fixed  on  East  branch  of  Lake  Cham- 
plain  at  the  forty  fifth  degree  of  Northern  Latitude,  as  far  as  each  of 
the  said  Provinces  respectively  Extend.  I  have  Deputed  Mr  Thomas 
Valentine1  to  perform  the  same,  and  given  him  a  Copy  of  my  Commis- 
sion, and  Gov1"  Tryons  Instructions. 

Mr  Valentine  is  a  person  I  dare  say  you  will  be  pleased  with,  and  find 
him  Capable  of  Executing  the  trust  reposed  in  him,  and  I  flatter  my 
self  that  the  work  will  be  Carried  on  by  you  two,  with  Satisfaction  to 
both  Gov11 

The  Govr  has  paid  Mr  Valentine  one  hundred  Pounds  this  Currency 
for  defraying  the  present  Contingent  Charges,  and  has  assured  me  that 
the  whole  of  the  Expence  of  running  that  line,  on  the  part  of  this  Gov' 
shall  be  punctually  paid. 

From  the  Gov™  Instructions  I  find  you  Appointed  to  meet  the  Sur- 
vey' from  this  Province  at  Coll  Chi'istys  House  on  the  River  Cole,  the 
first  of  next  month,  with  Provisions,  and  Necessaries,  for  proceeding 
without  Delay.  I  have  therefore  Directed  Mr  Valentine  to  set  out  with- 
out loss  of  time  so  that  he  may  be  at  Coll  Christys  by  the  Day  appointed, 
which  I  hope  he  will  be  able  to  accomplish. 

As  I  make  not  the  least  Doubt  that  you  can  procure  properer  Persons 
for  Assistance,  and  Attendance,  and  on  much  better  terms  than  Mr  Val- 

1  It  will  be  observed  that  Mr.  Valentine  uniformly  subscribes  himself  "Vallen- 
tine."  — [P. 


16  Copies  of  Documents  Relating  to  the 

entine,  I  have  advised  him  to  rely  upon  your  procuring  them,  and  take 
no  other  from  hence,  but  one  by  way  of  a  Serv* 

The  Opinnion  both  the  Govr  and  my  self  Intertain  of  you  abilities 
and  Integrity,  is  such,  that  we  should  have  been  Satisfied  with  your 
Sole  running  this  line,  but  as  that  might  not  be  so  satisfactory  to  the 
Publick,  I  send  a  Deputy  to  Act  in  Conjunction  with  you,  and  desire 
you  will  use  your  best  indeavours  that  this  line  be  Continued  to  the 
Western  banks  of  the  main  Branch  of  Connecticut  River  Agreable  to 
Govr  Tryon's  Instruction,  and  that  if  by  Sickness,  or  any  other  unfor- 
seen  Accident  M'  Valentine  should  be  prevented  from  proceeding,  you 
will  be  pleased  to  proceed  without  him. 

When  I  last  had  the  pleasure  to  see  you,  you  promised  me  on  yr 
return  home  to  send  me  a  Map  of  the  french  Grants  on  Lake  Champlain 
laid  Down  exactly  by  a  large  Scale.  Such  a  plan  is  much  wanted,  and 
I  shall  esteem  it  as  a  particular  favour  to  furnish  me  with  one  by  the  first 
safe  Conveyance.  It  will  come  safe  by  the  Post.  Mrs  Colden  and  all 
the  familly  at  the  post  office  join  in  Sincere  Complts  to  you.  We  wish 
to  hear  of  your  having  got  safe  home.  I  shall  be  proud  of  a  line  from 
you  before  you  set  out  on  yr  Survey  and  while  you  are  upon  it,  if  any 
op'7  presents.     Heartily  wishing  you  health  I  am 

Sr 

yr  most  Obed'  humble  SerTt 
John  Collins  Esq  {No  signature.) 

—[N.  T.  Col.  MSS.,  xcviii,  54. 

[Thomas  Vallentine  to  Alexander  Colden.] 
Sir 

The  Badness  of  the  Roads  and  difficulty  of  Procuring  a  Sled  hindered 
my  arriving  here  'till  Saturday  Night  when  I  was  informed  that  M 
Collins  had  staid  here  till  about  eight  days  ago,  and  as  the  Lakes  were 
then  open,  and  he  travel'd  in  Company  with  a  Sickly  Gentleman,  'tis 
thought  I  may  overtake  him,  as  I  set  out  with  a  very  good  Sled  and 
Horses  a  few  Hours  hence,  what  will  delay  me  most  is  a  very  heavy 
Snow  that  has  fallen  on  Friday  and  Saturday  last. 

I  beg  the  favour  of  you  to  send  the  enclosed  Letter  to  my  Wife  who 
was  very  uneasy  at  my  Departure,  and  will  continue  so  'till  she  hears 
from  me.  You  may  depend  on  My  using  every  Means  in  My  Power 
to  accomplish  the  Business  I  have  undertaken 

I  remain 
Sir 

Yr  Most  Obed'  Hble  Serv* 

THO  VALLENTINE 
Albany  17th  FeV*  1772 

— [AT  Y.  Col.  MSS.,  xcviii,  61. 


Boundaries  of  the  State  of  New  York.  17 

Crown  Point  26th  Febr'  1772 
Sir 

I  wrote  you  from  Albany  that  Mr  Collins  had  set  out  but  a  few  days 
before  my  arrival  and  that  I  had  hopes  of  overtaking  him  here  but  he 
was  more  fortunate  and  passed  the  lake  at  the  time  he  could  have  gone 
with  any  Degree  of  Safety,  and  even  at  that  time  they  drowned  some  of 
their  Horses  going  down  and  fell  in  six  times  coming  back.  They 
returned  the  morning  after  my  arrival  here  and  reported  the  Ice  to  be 
impassable  and  it  has  continued  thawing  almost  ever  since,  so  that  at 
the  time  of  My  Writing  this  'tis  not  safe  to  Pass  from  Crown  to  Chimney 
Point  the  Snow  having  Melted  to  a  surprizing  degree,  it  was  very  Bad 
when  I  came  down,  there  was  about  a  foot  of  water  over  the  Ice  on 
Lake  George,  and  between  Ticonderoga  and  Crown  Point  the  water  was 
in  some  places  two  feet  deep  so  as  to  come  into  the  Sled. 

29th.  Just  this  Instant  a  Sled  and  Horses  belonging  to  Major  Skein 
arrived  from  Montreal  and  altho'  they  fell  once  in  report  the  Ice  to  be 
passable  with  care,  they  are  the  first  that  came  over  these  six  days,  and 
they  say  that  4  or  5  more  are  expected  up  with  Provisions  for  some 
Stone  cutters  who  have  been  almost  starving  these  eight  or  ten  days  — 
With  them  I  expect  to  go  to  River  la  Cole  and  hope  to  get  there  in 
about  a  week 

I  am  Sir  your  most  Obed' 

IP"  Serv* 

THO   VALLENTINE. 
—[A7!   Y.  Col.  MS8.y  xcviii,  68.      • 

[John  Collins  to  Alexander  Colden.] 

River  La  Cole  March  5th  1772 
Dear  Sir: 

By  Mr.  Valentine  who  arrived  this  morning  I  am  Favoured  wit  .fa  Yours 

of  the  6th  FebJ  which  Informs  me  that  the  Governour  has  appointed  you 

on  the  Part  of  the  Province  of  New  York  to  run  the  Division  Line 

Betwixt  that  Province  and  the  Province  of  Quebec  with  leave  to  appoint 

Your  Deputy,    this  Gives  me  Great  Pleasure  as  it  Convinces  me  that 

You  are  Upon  amicable  Good  Terms  with  the  Governour   whom  I  am 

Persuaded  will  Protect  Every  Officer  in  his  right.     Indeed  it  would 

be  absurd  to  Suppose  that  this  Business  Could  be  Carried  on  through 

any  other  Channel  Than  that  of  Yourself  I  much  approve  of  Your 

Deputy  M'  Valentine  and  Believe  him  to  be  Every  way  Qualified  and 

make  no  Doubt  but  he  will  Give  You  Satisfaction     I  observe  the  Money 

Paid   by    Government   To   Him   as   also  the  Governours   Promise   for 

the  Expenses  that  May  accrue  Which  There's  no  Doubt  but  May  be 

faithfully  relyd  on.     You  mention  my  Having  agreed  With  Govr  Tryon 

to  Meet  the  Surveyor  appointed  by  Your  Province  with  Provisions  &° 

2 


18  Copies  of  Documents  Relating  to  the 

for  Carrying  on  the  Survey,  this  agreem'  was  Punctually  Complyed 
with  on  tny  Part  as  I  had  Ten  Men  Provi"  &  Necessary  s,  waiting  the 
arrival  of  Mr  Valentine  I  am  Extremely  Sorry  I  had  not  the  least  Notice 
that  Men  would  be  wanted  on  the  Part  of  Your  Government  as  I  could 
readily  have  Engaged  any  Number  before  I  left  Montreal  on  Much  Better 
Terms  than  they  can  be  Got  in  Your  Goveri  However  I  have  Sent  an 
Express  to  Montreal  and  Expert  to  have  them  here  in  Four  Days,  the 
Kind  Opinion  the  Governour  and  You  are  Pleased  to  Entertain  of  my 
Poor  Ability  And  Integrity  is  Truly  flattering  to  me  The  More  so  as 
Coming  from  so  Candid  a  Quarter  For  which  Please  to  Accept  of  my 
Cordial  Thanks  and  rest  assured  the  Trust  You  are  Pleased  to  repose 
in  me  Shall  never  be  abused.  I  shall  in  Conjunction  with  Mr.  Valentine 
use  my  Utmost  Endeavours  to  Carry  on  this  Business  with  as  much 
Accuracy  and  Diligence  as  the  Nature  of  the  Season  will  admit  and  in 
Case  any  accident  Happens  to  Mr  Valentine  I  shall  act  agreeable  to 
Your  Directions  I  am  Heartily  sorry  I  have  it  not  in  my  Power  to 
Comply  with  my  Promise  in  Sending  you  the  Plan  with  the  French 
Grants.  Occasioned  by  the  Winter  Setting  in  So  Severely  Obliged  me 
to  Stop  Nine  Weeks  at  that  Miserable  Place  Albany  which  left  me 
Barely  Time  to  go  to  Montreal  &  Collect  my  People  and  Meet  here  at 
the  Time  appointed  without  Going  to  Quebec  If  opportunity  Should 
Present  in  the  Course  of  our  Survey  I  shall  Trouble  You  with  a  line 

Your  Most  Obedient  Humble  Servant 

JOHN  COLLINS 

P.  S.     The  Distance  by  Cap  Hollands  Survey  of  Connecticut  River 
is  about  One  Hundred  and  Twenty  Miles       *  * 

—[Nl  Y.  Col.  MSS.,  xcviii,  69. 

[Thomas  Vallentine  to  Alexander  Colden.] 
Sir 

On  my  arrival  at  River  l'cole  the  4th  Ins'  I  had  the  Pleasure  of  meet- 
ing Mr  Collins  who  had  waited  there  two  days,  during  which  time 
he  had  employed  his  People  Baking  Biscuit  and  making  other  pre- 
parations. But  had  provided  only  ten  men  which  were  to  be  his 
own  party,  however  as  soon  as  he  had  Perused  the  Governor  and  your 
Letters  a  Messenger  was  dispatched  to  Montreal  to  Procure  Nine  men 
who  with  Young  Slack  were  to  be  employed  on  behalf  of  Our  Govern- 
ment (And  as  you  may  think  20  men  a  great  number  to  be  employed  on 
this  Occasion,  I  will  give  you  an  account  of  the  manner  we  intend 
disposing  of  them  Viz.  8  to  carry  Provisions,  4  to  cut  down  such  trees 
as  happen  to  stand  in  the  Line,  2  Blazing  the  trees  that  is  to  say  one  on 
each  side  of  the  Line,  2  Chainmen,  1  Man  to  carry  Pickets,  &  3  Men  to 


Boundaries  ot  the  State  of  New  York.  19 

carry    Our   Instruments   and    Baggage)    the    messenger   has   not    yet. 
returned,  yet  there  is  no  doubt  but  he  can  procure  men  enough 

We  reduced  Captain  Holland's  Map  of  Connecticut  river  and  Joined  it 
to  one  of  Metcalfs  maps  of  that  Country  if  both  are  right  the  whole  dis- 
tance is  about  120  Miles.  Mr  Collins  did  not  expect  the  distance  to  be 
near  as.  much  and  therefore  has  not  laid  in  near  Provisions  enough;  But 
that  wont  delay  us  for  we  have  as  much  as  will  serve  us  while  we  can 
keep  the  Woods  which  Mr  Collins  says  will  not  be  longer  than  the  Mid- 
dle of  April  at  farthest,  as  the  snow  will  then  be  near  gone  and  the 
Waters  so  high  as  to  render  them  Impassible  after  which  he  says  we 
must  lye  by  'till  the  Middle  of  May  or  Beginning  of  June  before  we  can 
proceed  during  which  time  we  can  provide  provisions  to  supply  us  dur- 
ing the  time  it  will  take  us  to  compleat  the  Work 

We  have  also  made  the  best  calculation  we  were  able  of  the  Sum  that 
Labourers  hire  and  Provisions  will  come  to  and  I  believe  four  Hundred 
Pounds  New  York  Currency  the  one  half  of  which  you  will  please  to 
have  remitted  to  Mr  Drumond  of  Quebec  in  order  to  enable  me  to  pay 
the  men  I  employ  and  to  discharge  the  Sum  due  to  the  Kings  Contracter 
for  Provisions  &c.  My  reason  for  desiring  A  remittance  to  Quebec  is 
because  we  at  present  imagine  that  S*  Francis  River  will  be  our  best 
rout  when  we  are  obliged  to  leave  the  Woods  as  'tis  next  to  impossible 
by  all  accounts  to  return  to  Lake  Champlain. 

I  hope  we  shall  be  ready  to  set  out  by  the  middle  of  the  next  week,  and 
altho'  Mr  Collins  is  very  uneasy  to  get  to  work  in  the  Woods  his  Impa- 
tience is  not  equal  to  mine,  for  I  shall  lose  the  Seasons  of  Grafting  and 
Inoculating  my  fruit  trees  and  of  Collecting  many  sorts  of  seeds,  by 
which  means  I  shall  lose  more  than  I  shall  get  by  the  Survey.  When  I 
set  out  I  thought  to  return  by  May,  but  to  my  Great  Mortification  find 
that  if  I  stay  to  finish,  it  will  be  August  before  I  shall  see  New  York. 

I  expect  you  will  please  to  Inform  me  whether  the  Assembly  have  pro- 
vided for  this  expence,  And  who  is  the  Proper  person  for  me  to  draw  on, 
as  I  expect  my  Wife  may  have  Occasion  for  Some  Cash  before  my  return! 

Give  me  leave  to  Assure  you  that  no  opportunity  Shall  be  missed 
whereby  an  Account  of  what  we  shall  have  done  can  be  forwarded  to 
you,  but  at  present  there  appears  so  many  difficulties  in  the  way  that  I 
fear  it  will  be  almost  impossible  to  give  you  any  intelligence  from  the 
time  we  enter  the  woods  till  we  leave  them. 

I  shall  also  beg  leave  to  put  you  in  mind  of  some  little  Concerns  which 
I  have  in  Lands,  and  make  no  doubt  but  you  will  suffer  them  to  go  for- 
ward as  soon  any  Lands  in  their  Situation  are  Patented  by  others. 

I  am  Sir  Your  most 
River  la  Cole  7th  March  1 772  —  Obed'  Hble  Serv* 

THO  VALLENTINE. 


20  Copies  of  Documents  Relating  to  the 

P.  S.  I  beg  the  favour  that  you  may  please  to  have  the  enclosed  Letter 
sent  to  my  Wife  the  Postage  of  which  I  will  pay  as  my  only  Motive  for 
enclosing  it  to  you  is  that  it  may  go 

— [&.  Y.  Col.  MS&,  xcviii,  70. 

[In  Council.] 
At  a  Council  held  at  Johnson  Hall  in  the  County  of  Tryon 

on  Wednesday  the  twenty  ninth  Day  of  July  1772. 
*  *  *  * 

His  Excellency  next  laid  before  the  Board  a  Letter  he  had  received 

from  Thomas  Valentine  dated  the  River  Le  Cole  11  -th  July  1772  in  the 

following  Words. 

May  it  please  your  Excellency. 

We  set  out  from  Quebec  the  20th  of  June,  took  the  Stores  we  wanted 
from  three  Rivers,  called  at  S'  Francois  in  our  way  with  intent  to  send 
part  of  our  Provisions  up  that  River,  but  received  Information  that  we 
could  as  easily  transport  them  up  Missishoi  River,  which  we  rather 
chose,  as  it  is  not  safe  to  entrust  them  in  the  Hands  of  Savages. 

We  depart  hence  immediately,  and  hope  to  be  able  to  compleat  in 
two  Months  if  no  Accident  happens:  And  if  your  Excellency  proposes 
to  have  the  Line  continued  to  the  River  S'  Lawrence,  it  can  be  done 
this  Fall  at  a  much  less  Expence,  than  if  postponed  to  another  Season. 
I  expect  your  Instructions  by  the  Time  We  return,  and  am 

Your  Excellency's 

most  obed'  Humble  Servant 

THOs  VALLENTINE. 

and  desired  the  Opinion  of  the  Council  whether  they  thought  it 
advisable  to  give  Instructions  to  the  said  Vallentine,  in  Conjunction 
with  the  Surveyor  from  Quebec,  after  having  run  the  Line  Eastward  to 
Connecticut  River,  to  return  to  Point  Moore  the  Place  of  Beginning, 
and  extend  the  Division  Line  between  the  two  Governments  until  it 
should  intersect  the  River  S*  Lawrence  in  the  forty  fifth  degree  of 
Northern  Latitude.  His  Excellency  at  the  same  Time  observing  to  the 
Board,  that  he  considered  the  running  of  the  Division  Line  to  the 
Westward,  as  a  very  necessary  and  essential  Service  to  Government; 
and  that  he  was  willing  to  advance  the  Money  on  the  Faith  of  the 
Publick  for  carrying  the  same  into  Execution:  Whereupon  the  Council 
humbly  advised  the  running  of  the  Partition  Line  to  the  River  S' 
Lawrence,  as  a  Measure  highly  proper  and  necessary  for  ascertaining 
and  establishing  the  Boundaries  between  this  Government  and  that 
of  Quebec. 

— [iVT  T.  Council  Minutes  (MS.)  v.  26,  p.  314. 


Boundaries  of  the  State  of  New  York.  21 

[Thomas  Vallentine  to  Alexander  Colden.] 
Sir. 

Having  Occasion  to  send  a  man  to  Montreal  I  take  that  opportunity 
of  informing  you  that  we  have  continued  the  Line  to  the  Eastward  of 
Lake  Mamraabagack  and  are  now  about  Fifty  six  miles  from  Lake 
Champlain.  The  Part  of  the  Country  that  the  Line  passes  over  is  very 
Mountaneous,  indeed  it  is  the  very  Heigth  of  the  Land,  and  the 
Weather  for  some  time  past  has  been  uncommonly  windy  and  wet, 
which  together  with  the  Difficulty  of  getting  the  Provisions  forward 
has  retarded  us  a  great  deal.  But  let  what  Difficulties  or  Hardships 
soever  attend  it  I  on  my  part  am  Determined  (tho  I  have  never  been 
able  to  recover  from  a  violent  cold  I  took  on  my  first  passing  Lake 
Champlain)  not  to  leave  the  Woods  till  the  Survey  is  compleated.  I 
request  you  may  please  to  inform  the  Governor  what  I  have  wrote  you, 
as  we  have  not  as  much  Paper  fit  to  use  as  would  contain  a  few  lines  to 
his  Excellency. 

I  am  Sir  with  the  most  unfeigned  respect 

Aug'  16th  1772.  Yr  most  Obedient  Humble  Serv* 

THO  VALLENTINE. 
—[A7!  Y.  Col.  M88.,  xcviii,  128. 

[In  Council.] 
At  a  Council  held  at  Fort  George  in  the  City  of  New  York 
on  Friday  the  twenty  first  Day  of  August  1772. 
*  *  *  * 

The  Minutes  of  the  Council  held  by  his  Excellency  at  Johnson  Hall 
in  the  County  of  Tryon  on  the  29th  of  July  last,  being  Read.  The 
Board  concurs  in  Opinion  that  it  will  be  a  proper  Measure  as  soon  as 
the  Line  of  Partition  between  this  Province  and  Quebec,  shall  be  run 
from  Lake  Champlain  to  Connecticut  River,  for  his  Excellency  to 
direct  the  Surveyors  on  the  Part  of  both  Provinces,  to  return  to  Point 
Moore,  the  Station  fixed  on  the  East  side  of  Lake  Champlain,  and  to 
extend  the  Division  Line  between  the  two  Governments,  until  it  shall 
intersect  the  River  S'  Lawrence  in  the  forty  fifth  Degree  of  Northern 
Latitude. 

— [A7!  Y.  Council  Minutes,  v.  26,  p.  315. 

[John  Collins  to  Alexander  Colden.] 

Boundary  on  Connecticut  River  October  lrt  1772. 
Dear  Sir. 

I  have  the  pleasure  to  acquainte  you  that  the  Division  line  Betwen 
your  Province   and  that   of  Quebec  Terminates  Two   mile   and  five 


22  Copies  of  Documents  Relating  to  the 

Eighth  of  a  mile  upon  a  Direct  line  above  the  mouth  of  Halls  Brook, 
Distance  ninety  mile  and  one  fourth  of  a  mile  from  the  Boundary  fixed 
on  Lake  Champlain  time  will  not  permit  me  to  say  more  But  that  I  am 
with  great  Esteem 

D'  Sir  your  most  faith  and  most  Obedient  Humble  Servant 

JOHN  COLLINS. 

To  Alexr  Colding  Esq' 

— [JST.  T.  Col.  MSS,  xcix,  6. 

[Thomas  Vallenttne  to  Alexandeb  Colden.1 
Sir 

I  take  the  earliest  opportunity  of  informing  you  that  we  reached  the 
Main  branch  of  Connecticut  river  on  the  last  day  of  September,  the 
whole  distance  from  where  the  Survey  began  is  90£  miles.  On  the 
west  bank  of  the  river  we  Put  up  a  Squared  Post  and  laid  a  quantity 
of  Stones  about  it  and  had  all  the  Trees  and  bushes  for  some  distance 
around  it  cleared  away  to  render  it  more  conspicuous  ;  We  returned 
by  the  river  S'  Francois  and  arrived  here  on  Sunday  last,  all  possible 
expedition  shall  be  used  to  prepare  a  map,  copy  our  field  Book  and 
settle  the  Accounts,  and  I  hope  to  be  ready  to  return  before  the  severe 
weather  sets  in. 

The  Abenaku  Savages  are  much  displeased  with  the  course  of  the 
Line,  say  their  Hunting  Grounds  are  encroached  on,  and  pull'd  down  a 
Post  that  we  erected  on  the  East  Bank  of  Lake  Mamraabagak,  the 
offenders  remain  undiscover'd  or  I  would  have  them  Punished,  and  will 
use  my  utmost  industry  to  find  them  out,  as  it  may  have  bad  conse- 
quences if  sufferd  to  Pass  unnoticed. 

I  am 
Sir 

Your  most  Obed* 

Quebec  22d  Oct'  1112  Humble  Serv' 

Alex'  Colden,  Esq  THO  VALLENTINE 

— [JST.  T.  Col.  MSS.,  xcix,  22. 

[In  Council.] 

At  a  Council  held  at  Fort  George  in  the  City  of  New  York  on  Wednes- 
day the  sixteenth  Day  of  December  1112. 
*  *  *  * 

His  Excellency  communicated  to  the  Board  a  Letter  of  the  12th 
November  last  from  Mr  Thomas  Valentine,  employed  as  a  Surveyor  on 
the  part  of  this  Province  for  running  the  Partition  Line  between  this 
Colony  and  Quebec,  from  Lake  Champlain  to  Connecticut  River;  inform- 
ing his  Excellency  that  the  Surveyors  of  the  two  Provinces  finished  the 


Boundaries  of  the  State  of  New  York.  23 

Survey  on  the  30th  of  September:  That  they  found  the  Distance  from 
Lake  Champlain  to  the  Place  where  the  Line  terminates  on  Connecticut 
River,  to  be  about  ninety  Miles  and  a  quarter  :  That  he  Arrived  at 
Quebec  the  18th  of  October,  and  that  as  he  is  of  Opinion  the  continuing 
the  Line  Westward  will  be  effected  with  far  less  Expence  during  the 
Winter  or  early  in  the  Spring,  than  in  the  Summer  Season,  he  intends 
not  to  risque  the  Passage  on  the  Lake,  but  to  remain  at  Quebec  for  his 
Excellency's  farther  Directions. 

Whereupon  the  Board  humbly  advised  his  Excellency  to  signify  to 
Governor  Cramahi  the  Opinion  of  this  Government,  that  it  will  be  for 
the  mutual  Interest  of  both  Provinces  to  complete  their  Boundary  Line 
as  soon  as  the  Season  will  permit,  by  extending  the  Line  already  Run, 
from  Lake  Champlain  Westward,  until  it  shall  intersect  the  River  S* 
Lawrence  in  the  forty  fifth  Degree  of  Northern  Latitude  —  That  if 
this  Proposal  meets  with  his  Approbation,  it  is  conceived  the  Service 
will  be  best  performed  by  the  same  Surveyors,  but  that  if  any  thing 
should  prevent  Mr  Collins  from  attending  ;  Mr  Valentine  has  Instruc- 
tions to  proceed  in  Conjunction  with  such  other  Surveyor  as  shall  be 
appointed  on  the  part  of  Quebec  :  And  that  this  Province  will  chear- 
fully  defray  its  proportionable  part  of  this  necessary  Expence. 

His  Excellency  also  communicated  to  the  Board  a  Letter  from  John 
Collins  Esquire  Deputy  Surveyor  of  the  Province  of  Quebec,  dated  on 
Connecticut  River  the  lrt  of  October  last,  acquainting  his  Excellency 
that  they  had  on  that  Day  fixed  the  Boundary  of  the  Division  Line 
between  this  Province  and  that  of  Quebec  on  the  West  Bank  of  Con- 
necticut River,  two  Miles  and  fifty  Chains  on  a  direct  Line  above  the 
Mouth  of  a  small  River  falling  in  on  the  West  side  of  Connecticut 
River,  known  by  the  Name  of  Halls  Brook,  and  called  by  the  Indians 
Kenebimosikek  at  the  distance  of  ninety  Miles  and  Twenty  Chains  from 
the  Eastern  Bank  of  Lake  Champlain :  And  signifying  that  his  Excel- 
lency may  depend  the  greatest  Accuracy  and  Care  had  been  observed 
through  the  Course  of  this  Survey. 
— [K  Y  Council  Minutes  (MS.),  v.  26,  p.  330. 

At  a  Council  held  at  the  City  Hall   in   the  City  of  New 

York  on  Wednesday  the  sixth  Day  of  January,  1773. 

*  *  *  * 

His  Excellency  communicated  to  the  Council  a  Letter  from  Mr  Thomas 

Valentine  of  the  l7,h  Ultimo,1  inclosing  the  Accounts  of  the  Expences 

incurred  in  Surveying  running  and  distinguishing  the  Partition  Line 

between  this  Colony  and  the  Government  of   Quebec;  amounting  as 

appears  by  the  said  Accounts  to  £458..  15. .5  Hallifax  Currency;  and 

1  This  letter  has  not  been  found.  —  [P. 


24  Copies  of  Documents  Relating  to  the 

acquainting  his  Excellency  that  there  are  several  Sums  not  included  in 
the  said  Account,  which  were  objected  to  by  Mr  Collins  Surveyor  on  the 
part  of  Quebec,  particularly  Mr  Valentine's  Expences  from  New  York  to 
River  La  Cole,  and  from  the  Spring  to  the  Commencement  of  the  Sum- 
mer Survey,  Mr  Collins  having  made  no  Charge  of  his  Expence  on  those 
Occasions  against  the  Government  of  New  York,  but  left  each  Province 
to  pay  its  own  Proportion  of  such  Charges. 

And  the  said  accounts  being  Read  the  Council  advised  his  Excel- 
lency to  lay  the  same  before  the  General  Assembly,  and  to  recommend 
to  the  House  to  make  provision  for  the  Payment  thereof. 

— [JV.  ^  Council  Minutes  (MS.),  v.  26,  p.  333. 

[In  Council  and  General  Assembly.] 

Wednesday,  the  sixth  day  of  January,  1773. 

*  *  *  * 
Gentlemen  of  the  Council  ana  Gentlemen  of  the  General  Assembly, 

*  *  *  * 

I  have  the  Satisfaction  to  inform  you  the  dividing  Line  between  this 
Province  and  the  Government  of  Quebec  has  been  run  from  Lake  Cham- 
plain  in  the  forty  fifth  Degree  of  North  Latitude  to  Connecticut  River. 
As  the  Commissioners  who  perform  that  Business  winter  in  Quebec,  that 
they  may  be  ready  early  in  the  spring  to  continue  that  Line  from  the 
Lake  westward  to  S'  Lawrence  River,  I  am  to  apply  to  you  for  a  further 
aid  for  that  most  essential  service. 

*  *  *  * 

Wm  TRYON. 

Fort  George  New  York 
6th  January  1773. 

— [iVI  Y.  Legis.  Council  Journal,  p.  1854. 


Monday,  the  eleventh  day  of  January,  1773. 
To  his  Excellency  William  Tryon  Esquire  *  * 

May  it  please  your  Excellency, 

The  pernicious  Effects  oi  a  doubtful  Jurisdiction  in  the  Districts 
affected  by  the  uncertain  Extent  of  the  province,  are  so  manifest,  that 
your  Endeavours  to  extinguish  these  destructive  Controversies  merit 
our  grateful  Acknowledgments,  and  animated  by  the  same  laudable 
Motives  with  your  Excellency  of  promoting  Industry,  the  security  of 
Property  and  the  general  Tranquility,  you   may  be  assured  Sir  of  our 


Boundaries  of  the  State  of  New  Tore.  25 

cheerful  Concurrence  in  every  Measure,  tending  to  give  the  Limits  of 
the  Province  a  certain  and  permanent  establishment.  * 

*  *  *  * 

By  order  of  the  Council. 

JOHN  WATTS,  Speaker. 
— [iV.  Y.  Legis.  Council  Journal,  p.  1856. 


At  a  Council  held  at  Fort  George  in  the  City  of  New  York 
on  Monday  the  fifth  Day  of  April  1773. 
*  *  *  * 

His  Excellency  also  communicated  a  Letter  of  the  10'!1  March  last  from 
Lieutenent  Governor  Cramahe  of  Quebec,  acquainting  his  Excellency 
that  his  Majesty's  Council  of  that  Government  were  unanimously  of 
Oppinion  that  the  Boundary  Line  between  the  two  Governments  should 
be  run  and  distinguished  from  Lake  Champlain  to  the  River  S'  Lawrence 
as  had  been  proposed  by  this  Province.  And  that  the  Surveyors  were 
accordingly  to  proceed  on  that  Work  the  Beginning  of  June. 
— [N.  Y  Council  Minutes  {MS.),  v.  26,  p.  349. 

[Thomas  Vallentine  to  Lt.-Gov.  Cramahe.] 
Sir 

Mr  Collins  has  informed  me,  that  you  desire  I  should  communicate  to 
you  in  writing,  the  reason  I  do  not  proceed  with  him  on  the  Survey  at 
the  time  we  appointed  viz.  the  first  of  June. 

I  have  to  inform  your  Honor,  that  I  was  some  time  ago  afflicted  with 
a  Bilious  Complaint,  attended  with  a  Cholic  in  my  Bowels,  and  a  Lax, 
which  in  a  few  days  reduced  me  to  a  very  weakly  Situation.  By  the 
assistance  of  Dr  Hope  I  have  been  relieved  from  the  Cholic  for  a  Foi't- 
night  past,  and  tho'  the  Lax  still  continues  I  find  myself  gather  strength 
and  have  reason  to  hope  that  three  weeks  or  a  month  will  reinstate  my 
Health,  so  as  to  enable  me  to  proceed  on  that  business.  And  we  have 
sufficient  time  to  compleat  the  work  we  have  to  do  after  the  beginning 
of  July  as  may  be  seen  by  our  Field  Book  for  last  Summer,  it  was  the 
21"  July  before  we  arrived  where  we  were  to  begin  our  Work,  and  not- 
withstanding the  many  difficulties  we  had  to  surmount,  surveyed 
about  the  same  distance  we  have  to  run  this  Summer  by  the  first  of 
October. 

I  propose  setting  out  for  Montreal  in  a  few  days  to  be  ready  to  join 
Mr  Collins  the  moment  my  health  will  permit,  and  beg  leave  to  assure 
your  Honor  it  gives  me  the  greatest  Concern  to  be  obliged  to  defer  run- 

1  Similar  Sentiments  were  expressed  in  the  General  Assembly's  Address. —  [P. 


26  Cofies  of  Documents  Relating  to  the 

ning  the  Line  one  day,  as  I  have  the  compleating  of  that  Business  much 
at  Heart. 

I  am 

Your  Honor's 
Most  Obedient 
Humble  Servant 

(Signed)         THOs  VALLENTINE. 
Quebec,  19th  May,  1773. 

Honble  H.  T.  Cramahe  Esqr  <fcc. 

—[N.  T.  Col.  MSS.,  xcix,  129. 


I  do  hereby  Certify  that  Mr  Valentine  is  in  a  Consumption,  and  con- 
sequently  is  totally  incapable  of  going  on  the  Survey,  and  he  has  a  very 
small  prospect  of  being  better. 

(Signed)         Rd  HOPE  Surgeon 

to  the  52d  Regnt 

[Endorsement.     Copy  of  Mr  Hope's  Certificate  in  regard  to  Mr  Vallen- 
tine's  Health  22d  May  1773. 

— [Nl  T.  Col.  MSS.,  xcix,  186. 

[Lt.-Gov.  Cramahe  to  Governor  Trton.] 

Montreal  5th  June  1773. 
Sir. 

Just  as  I  was  upon  my  Departure  for  this  Place  Mr  Valentine  sent  me 
the  Letter,  of  which  a  Copy  is  herewith  Inclosed ;  at  the  same  time  I 
transmit  you  a  Copy  of  the  Certificate  required  of  the  Gentleman  who 
attends  him,  in  Regard  to  his  Health,  which,  by  Advices  received  since 
my  arrival  here,  appears  to  be  still  in  a  very  declining  State. 

The  Provisions  are  all  prepared,  and  Mr  Collins  came  so  far  upon  his 
way,  but  as  there  is  not  the  least  chance  of  Mr  Valentine's  being  in  a 
Condition  to  accompany  him  this  Season,  I  judged  it  best  to  suspend 
the  Survey,  for  tho'  I  have  a  great  opinion  of  Mr  Collins's  Skill  &  Integ- 
rity, and  that  by  the  Confidence  you  was  pleased  to  repose  in  him  last 
year,  you  seem  to  entertain  the  same  Idea  of  him,  I  thought  it  a  matter 
of  much  too  delicate  a  Nature,  and  possibly  subject  to  future  Cavil,  to 
suffer  him  to  set  out  alone  upon  this  Service. 

As  Mr  Collins  will  have  this  Fall  Business  of  great  Consequence  to 
transact  for  the  Province,  the  Survey  of  course  must  be  deferred  untill 
the  next  year;  the  Delay  is  unavoidable,  and  will  be  attended  with  some 
loss  in  disposing  of  the  Provisions,  as  well  as  the  Advances  made  to  the 
People,  who  were  to  accompany  them,  for  they  were  all   engaged,  of 


Boundaries  of  the  State  of  New  York.  27 

which  I  shall  order  Mr  Collins  to  state  and  transmit  a  fair  Account,  that 
your  Province  may  support  their  Proportion  of  it. 
I  have  the  Honor  to  be  with  great  respect 
Sir  Your  Excellency's 

Most  Obedient  and 

Most  Humble  Serv* 
(Signed)  H.  T.  CRAMAH& 

— [K  Y.  Col.  MSS.y  xcix.,  130. 

[In  Council.] 

At  a  Council  held  at  Fort  George  in  the  City  of  New  York  on  Saturday 

the  twenty  sixth  day  of  June  1773 

*  *  *  * 

His  Excellency  laid  before  the  Board  Lieutenant  Governor  Cramahe's 
Letter  of  the  5th  Instant  with  Lieutenant  Hope's  Certificate  showing 
that  Mr  Valentine's  Indisposition  will  probably  prevent  the  running  of 
the  Line  between  this  and  the  Province  of  Quebec,  on  the  Westerly 
side  of  Lake  Champlain,  and  required  the  Opinion  of  the  Council  as  to 
the  Steps  proper  to  prevent  a  Disappointment  in  this  service,  and  all 
unnecessary  Expence  ;  And  thereupon  the  Council  advised  his  Excel- 
lency to  certify  the  Surveyor  General  of  Mr  Valentine's  Indisposition, 
that  he  may  make  immediate  Provision  for  the  Supply  of  Mr  Valentine's 
Place  either  by  his  own  Attendance  or  by  some  able  Deputy  to  be 
approved  by  his  Excellency  and  were  also  further  of  Opinion  that  his 
Excellency  write  to  Mr  Cramahe  earnestly  urging  the  finishing  of  this 
Work  without  further  delay  by  Mr  Collins  and  such  Surveyor  as  may 
attend  on  the  Part  of  this  Province  or  by  any  other  Person  to  be 
appointed  in  Mr  Collins's  stead  if  his  other  Engagements  prevent  his 
assisting  in  this  Work  and  the  rather  because  it  may  be  doubted  if  it  is 
unfinished  this  Year  whether  the  Assembly  of  this  Province  can  be  per- 
suaded to  make  any  farther  Provision  for  a  Service  which  has  already 
been  so  expensive. 

A  True  Copy. 

Attes1    Wm  Banyar  D  CI  of  the  Council  Pro  Tem: 
—[]¥.  Y  Col.  MSS.y  xcix.,  135 ;  N.  Y.  Council  Minutes,  v.  26,  p.  360. 

Appointment  of  a  Deputy  Surveyor. 
Whereas  by  Virtue  of  the  Power  Granted  me  in  a  Commission  under 
the  great  Seal  of  the  Province  of  New  York,  bearing  Date  the  twenty 
third  Day  of  January  1772  I  Deputed  Mr  Thomas  Valentine  to  Act  as 
Surveyor  on  the  Part  of  the  Province  of  New  York  in  Conjunction  with 
the  Surveyor  that  was,   or   should  be  appointed,  on  the  part  of  the 


28  Copies  of  Documents  Relating  to  tbe 

Province  of  Quebec,  for  running,  marking,  ascertaining,   and   Distin- 
guishing, the  Devision  Line  between  the  Said  Provinces 

His  Excellency  Governor  Tryon,  on  the  26th  Day  of  last  Month,  laid 
before  his  Majesty's  Council  for  the  Province  of  New  York,  a  letter 
from  Lieut  Governor  Cramahe  and  a  Certificate  from  Ll  Hope  Surgeon 
of  the  52d  Reg',  shewing  that  the  said  Thomas  Valentine's  Indisposition 
would  probably  prevent  the  running  of  the  line  between  this,  and  the 
Province  of  Quebec  on  the  Westerly  Side  of  Lake  Champlain.  That 
Honorable  Board,  to  prevent  a  Dissapointment  in  this  Service,  and  all 
unnecessary  Expence,  advised  his  Excellency  to  Certify  to  me  Mr  Valen- 
tine's Indisposition,  that  I  might  make  immediate  Provision  for  the 
Suply  of  Mr  Valentines  place,  either  by  my  own  attendance,  or  by  some 
able  Deputy,  to  be  approved  of  by  his  Excellency. 

I  Have  therefore  with  the  Aprobation  of  his  Excellency  Constituted 
and  Appointed  And  by  these  Present  Do  Constitute  and  Appoint  Mr 
Claude  Joseph  Sauthier  my  Deputy  in  the  Stead  and  place  of  the  said 
Thomas  Valentine,  to  act  as  Surveyor  on  the  part  of  the  Province  of 
New  York,  in  Conjunction  with  the  Surveyor  that  is  or  shall  be  appointed 
on  the  part  of  the  Province  of  Quebec,  to  run,  mark  out,  ascertain,  and 
Distinguish,  the  said  Devision  line  on  the  Westerly  Side  of  Lake  Cham- 
plain,  Pursuant  to  such  Instructions  as  he  my  said  Deputy  Mr  Claude 
Joseph  Sauthier  shall  Receive  from  his  Excellency  Govr  Tryon  or  from 
the  Gov'  or  Commander  in  Chief  of  the  Province  of  New  York  for  the 
time  being 

Given  under  my  Hand  and  Seal  at  New  York  this  Second  Day  of 
July  1773 

ALEXN  COLDEN 

Survey'  Gen1 

[Endorsement.     A  Deputation  to  M'  Claude  Joseph  Sauthier  Appoint- 
ing him  my  Deputy  in  the  place  of  Thomas  Valentine. 
— \N.  Y  Col  MSS.,  xcix.,  136. 

[Certificate.] 

I  do  hereby  certify  that  Mr.  Valentine  is  in  a  Consumption,  and  con- 
sequently is  totally  incapable  of  going  on  the  Survey,  and  he  has  a 
very  small  prospect  of  being  better. 

(Signed)         Rd  HOPE  Surgeon 

to  the  52d  Regnt 
— [N.  Y  Col.  MSS.,  xcix,  136. 


Boundaries  of  the  State  of  New  York.  29 

[Alexander  Colden  to  Thomas  Valentine.] 

New  York  July  3d  1773 
Sir 

His  Excellency  Govr  Tryon  having  recd  a  letter  from  Govr  Cramahe, 
and  a  Certificate  from  Docf  Hope,  Shewing  your  Indisposition  would 
probably  prevent  the  running  of  the  line,  between  this  and  the  Province 
of  Quebec,  on  the  Westerly  Side  of  Lake  Champlain.  His  Excelly  laid 
the  letter  and  Certificate  the  2G"1  of  last  Month  before  his  Majesty's 
Council,  requiring  the  Opinion  of  that  Honorable  Board,  as  to  the  Steps 
proper  to  prevent  a  Disapointment  in  this  Service,  and  all  unnecessary 
Expence  :  The  Council  thereupon  advised  his  Excell*  to  Certify  to  me, 
yr  Indisposition,  that  I  might  make  immediate  provision  to  Suply  your 
place,  either  by  my  own  Attendance,  or  by  some  able  Deputy,  to  be 
aproved  of  by  the  Govr.  I  have  therefore  Deputed  Mr  Claude  Joseph 
Sauthier,  to  act  in  your  Stead  and  place. 

I  am  truely  Concernced  your  Indisposition  makes  it  necessary  to  take 
this  Step,  in  order  that  the  work  may  be  finished  without  further 
Delay. 

Mr  Sauthier  will  Set  out  in  a  few  Days  with  his  Excellency  who  is 
going  himself  to  Montreal  to  forward  the  Compleatingthe  line  as  Expe- 
ditiously as  possible. 

His  Excellency  will  give  the  Necessary  Orders  either  for  your  con- 
tinuing to  Act  as  my  Deputy  or  for  Mr  Sauthier  to  act  in  your  Stead. 
Herein  you  are  to  Govern  yourself  by  his  Excellency's  Orders  and  to 
Act  Accordingly. 

Its  now  nine  months  Since  you  finished  the  line  on  the  East  Side  of 
Lake  Champlain,  &  I  have  received  only  two  letters  in  that  Time.  The 
one  Dated  at  Connecticut  River  Octr  5th,1  the  other  at  Quebec  the  22d  of 
the  Same  Month.  In  this  last  letter  you  mentioned  you  would  with 
all  possible  Expedition  prepare  a  Map,  Copy  of  your  Field  book  and 
Settle  the  Accts. 

These  papers  I  expected  would  have  been  transmitted  to  me  long 
Since,  in  order  that  I  might  have  laid  them  before  his  Excellency.  Why 
they  have  not,  I  am  at  a  loss  to  Conjecture  what  Excuse  you  can  have 
to  offer  in  Vindication  of  this  Neglect,  and  of  that  in  not  giving  me  the 
least  Information  of  your  proceedings,  Since  the  22d  last  Octr. 

You  are  my  Deputy  and  Acting  by  my  Appointment  therefore  I 
think  I  have  very  Just  Cause  to  be  Displeased  with  your  Conduct  herein, 
having  an  Undoubted  right  to  expect  the  Earliest,  and  every  informa- 
tion, you  eould  give  me  of  your  Proceedings  by  Virtue  of  my 
Deputation. 

This  letter  has  not  been  found.  —  [P. 


30  Copies  of  Documents  Relating  to  the 

It  will  give  me  pleasure  if  you  can  herein  acquit  yourself  to  my  sat- 
isfaction. 

Sincerely  wishing  you  may  be  Reinstated  in  Such  a  State  of  health 
that  the  Govr  may  not  find  it  necessary  for  Mr  Sauthier  to  act  in  yr  place, 
but  Suffer  you  to  compleat  the  Work  I  Deputed  you  to  perform  This  I 
truely  wish  &  am  Sir 

Yr  Assured  friend 

&  humble  ser' 

ALEXB  COLDEN. 

Mr  Thomas  Valentine 

— [iV  Y.  Col.  MSS.,  xcix,  137. 

[Alexander  Colden  to  John  Collins.] 

New  York  July  3d  ]  773. 
D'Sir 

I  am  truely  Concern'd  for  Mr  Valentine  who  I  find  has  been  Indis- 
posed for  some  time  past  and  that  it  is  aprehended  he  is  in  a  Declining 
State  of  health.  Govr  Cramahe  having  informed  our  Govr  of  Mr  Valen- 
tines Indisposition,  His  Majesty's  Council  advised  his  Excellency,  that 
I  should  (to  prevent  Disapointment  in  running  the  line  between  this 
and  the  Province  of  Quebec,  on  the  Westerly  Side  of  Lake  Champlain, 
and  all  unnecessary  Expence)  make  immediate  Provision  for  the  Suply 
of  Mr  Valentine's  place  by  appointing  some  other  able  Deputy  I  have 
accordingly  with  the  Aprobation  of  His  Excelency  Govr  Tryon,  Depu- 
ted Mr  Sauthier  ;  A  Gentn  well  Qualified  for  that  Service,  &  one  who  I 
dare  Say  you  will  be  happy  in  acting  with,  if  Ml  Valentines  State  of 
health  will  not  admit  of  his  Compleating  the  Work  &  therefore  make  it 
necessary  Mr  Suthier  should  Suply  his  place. 

His  Excellency  being  Anxious  to  have  this  Devission  line  Compleated 
as  expeditiously  as  possible,  is  Determined  to  take  every  Step  that  is  in 
his  power  Conducive  thereto  ;  and  therefore  has  resolved  to  Sett  out 
himself,  in  a  few  Days,  for  Montreal,  to  Consult  with  your  Govr  on 
proper  Measures  to  be  pursued,  and  prevent  any  further  Delay  in  this 
work  Mr  Sauthier  will  attend  his  Excellency  and  Act  agreable  to  such 
orders  &  Instructions  as  the  Govr  may  find  it  necessary  to  give  him. 
As  the  Council  advised  my  Deputing  some  other  Able  Deputy  in  the 
place  of  Mr  Valentine  only  on  Acct  of  his  Indisposition,  I  make  no 
Doubt  should  he  be  restored  to  such  a  State  of  health,  that  he  will  be 
able  without  further  Delay  to  proceed  and  finish  the  business  His 
Excellency  will  order  him  to  continue  in  the  Service  notwithstanding 
of  my  Deputation  to  Mr  Sauthier.  However  herein  Mr  Valentine  must 
Govern  himself  by  the  orders  he  will  receive  from  his  Exc,y  and  Act 
accordingly. 


Boundaries  of  the  State  of  New  York.  31 

Its  a  matter  of  very  great  Surprise  to  me  that  nine  months  have 
Elapsed  Since  the  finishing  of  the  line  on  the  Easterly  Side  of  Lake 
Champlain  and  in  that  time  I  have  never  reca  but  two  letters  from 
M*  Valentine,  the  one  Dated  first  of  Octr,  and  the  other  the  22d  of  same 
Month  nor  any  Acct  of  his  proceedings,  tho  he  in  this  last  letter  men- 
tioned he  would  with  all  possible  Expedition,  prepare  a  Map,  Copy  of 
his  Field  book  and  Settle  the  Accts  ;  from  whence  I  concluded  these 
papers  would  have  long  Since  been  transmitted  to  me  to  lay  before  His 
Excellency.  Why  this  has  been  neglected  I  am  at  a  loss  to  Account 
for  or  how  Mr  Valentine  can  Justify  himself  in  not  having  done  it. 
*  *  *  * 

That  health,  and  every  other  Blessing  may  attend  you  are  the  hearty 

wishes  of 

Dr  Sir 

Yr  Sincere  friend  & 

humble  Ser' 

ALEX8  COLDEN. 

Nothing  I  hope  may  happen  to  prevent  y'  attending  this  work,  as  it 
must  give  great  Satisfaction  to  both  Provinces  to  have  it  accomplished 
with  the  assistance  of  a  person  of  your  known  Integrity  and  Abilities. 

— [1ST.  T.  Col.  MS8.,  xcix,  138. 

[Mr.  Colden  to  Mr.  Sauthier.] 

Long  Island  July  9th  1773. 

Sir 

The  Inclosed  I  should  have  forwarded  by  last  post  had  not  his  Excel- 
lency desired  they  might  be  sent  by  you  I  therefore  beg  you  will  take 
the  trouble  of  delivering  them  to  the  Gent"  to  whom  they  are  adressed; 
heartily  wishing  you  an  Agreable  Journey 

IamS' 

Yr  Most  obd' 

humble  Srt 

A  C 
[Endorsement.     Copy.    July  9,  1773     To  Mr  Sauthier  Inclosing  a  letter 

to  Mr  Collins  &  one  to  Mr  Valentine.] 
—[TV  T.  Col.  MSS.,  xcix.,  140. 

[In  Council.] 

July  12,  1773. 
*  *  *  * 

His  Excellency1  communicated  to  the  Board  his  Intention  of  going 
to  Quebec  in  order  to  expedite  the  finishing  the  Division  Line  between 

1  Governor  Tryon.  —  [P. 


32  Copies  of  Documents  Relating  to  the 

this  Province  and  the  Government  of  Quebec,  and  recommended  to  the 
Gentlemen  of  the  Council  the  Conservation  of  the  Peace  of  the  Province 
during  his  Absence. 

— [N.  Y.  Council  Minutes  (MS.),  v.  26,  p.  361. 

[Gov.  Tryon  to  Lt.-Gov.  Gbamahe.] 

Montreal  25th  July  1773 
Sir 

Your  Dispatch  informing  me  of  Mr  Valentines  incapacity  to  proceed 
on  the  Survey  of  the  Partition  Line  between  our  Governments,  and 
your  intention  to  postpone  that  service  untill  next  year,  has  been  laid 
before  His  Majesty's  Council  of  New  York,  and  therepon  having  received 
the  Advice  of  that  Board  that  there  was  an  urgent  necessity  for  Run- 
ning the  said  line  this  Season. 

I  took  the  resolution  to  wait  on  you  in  Person,  that  we  might  the 
moi'e  readily  expedite  the  necessary  preparations;  Accordingly  I  arrived 
in  your  Government  last  night,  in  the  expectation  of  meeting  Your 
Honor  here  agi-eeable  to  my  Request,  communicated  to  you  in  my  Letter 
Dated  I  think  the  29th  of  last  Month.  As  this  dissappointmeht  is  accom- 
panied with  the  additional  one  of  finding  no  intelligence  from  You,  and 
concluding  my  Letter,  from  the  negligence  or  Delay  of  the  Post,  may 
not  have  reached  You ;  To  prevent  farther  loss  of  time  in  our  concert- 
ing the  measures  for  the  immediate  Execution  of  this  Essential  Service ; 
I  shall  take  a  Water  Passage  for  Quebec  on  Tuesday  next,  where  I 
trust  I  shall  experience  your  concurrence  in  a  matter  wherein  His  Majes- 
ty's Interest  is  so  nearly  concerned. 

I  am  with  much  respect 
Your  Honor's 

Most  Obed4  &° 

Signu  WILL*  TRYON 

L*  Governor  Cramahe 

—[N.  Y  Col.  MSK,  xcix.,  153. 

[In  Council.] 

August  26th,  1773. 

*  *  *  * 

His  Excellency  communicated  to  the  Board  Copies  of  the  Minutes  of 
his  Majesty's  Council  at  Quebec  with  several  Letters  which  passed 
between  him  and  the  Lieutenant  Governor  of  that  Province,  relative 
to  the  running  the  Line  between  the  two  Governments  from  Lake  Cham- 
plain  Westward  to  Sl  Lawrence  River  in  the  Latitude  of  45°,  and 
acquainted  the  Board  that  the  Surveyors  of  both  Provinces  were  to 
proceed  on  that  Service  about  the  middle  of  the  present  Month. 


Boundaries  of  the  State  of  New  York.  33 

On  reading  of  which  Papers  it  is  ordered  that  the  same  be  entered 
in  the  Minutes,  and  are  as  follow 

At  the  Council  Chamber  in  the  Castle  of  Saint  Louis  in  the  City  of 
Quebec  on  Monday  the  Second  day  of  August  1773 

Present 

The  Honoble  Hector  Theo*  Cramahe  Esq'  Lieut  Govr 


William  Hey  C  T. 
Hugh  Finlay 
Tho*  Dunn 
Colin  Drummond 


Frac  Levesque 

John  Collins      Esquires 

Edwd  Harrison 


Read  a  Letter  from  his  Excellency  the  Governor  of  New  York  to  the 
Lieutenant  Governor  of  this  Province  dated  Montreal  the  20th  July  1773, 
advising  that  he  had  transmitted  a  former  Letter  before  he  left  New 
York  proposing  a  meeting  with  the  Lieutenant  Governor  at  Montreal  in 
order  to  concert  Measures  for  expediting  the  immediate  running  of  the 
Western  Boundary  Line  between  the  two  Provinces, 

Ordered  in  Consequence  that  Mr  Hey  Mr  Finlay  Mr  Dunn  Mr  Drum- 
mond, Mr  Levesque  and  Mr  Harrison  be  appointed  a  Committee  to  take 
the  above  Business  into  Consideration,  and  to  report  their  Opinion 
thereon  to  this  Board  on  Wednesday  next. 

A  true  Copy  Attest  Geo  Allsopp  D  C  C 

— [N.  Y.  Council  Minutes  (MS),  v.  26,  p.  363. 


At  the  Council  Chamber  in  the  Castle  of  Saint  Louis  in  the  City  of 
Quebec  on  Wednesday  the  fourth  day  of  August  1773. 

Present 

[Same  as  August  2d,  and  James  Cuthbert.] 

The  Lieutenant  Governor  laid  before  the  Board  a  Letter  rece'd  by  this 
days  Post  from  his  Excellency  the  Governor  of  New  York  dated  Fort 
George  the  5th  July  1773,  inclosing  the  Minutes  of  his  Majesty's  Council 
for  that  Province  of  the  20th  June  last,  earnestly  recommending  the 
immediate  running  of  the  Western  Boundary  or  Partition  Line  between 
this  Province  and  that  of-  New  York,  to  expedite  which  is  the  Object 
of  his  Excellency's  Visit  to  this  Province. 

Which  Letter  and  Minutes  of  Council  being  read  together  with  the 
Report  of  the  Committee  appointed  the  2d  Instant  to  consider  the  Expe- 
diency of  carrying  into  immediate  Execution  a  former  Order  of  Council 
for  running  the  said  Boundary  Line  from  the  Western  Side  of  Lake 
Champlain  in  the  45  degree  of  Northern  Latitude,  till  the  same  shall 
intersect  the  River  of  Saint  Lawrence. 

Approved  the  said  Report  and  ordered  the  same  to  be  filed  in  the 
Office  and  entered  in  the  Book,  and  that  the  Deputy  Surveyor  General 
of  this  Province  be  directed  in  Conjunction  with  the  Surveyor  on  the 
Part  of  New  York  to  run  the  said  Boundary  Line  with  all  convenient 
Dispatch. 

A  true  Copy         Attest  Geo  Allsopp  D  C  C 


34  GppiEs  of  Documents  Relating  to  the 

Council  Chamber  Quebec  August  4th  1773. 

At  a  Committee  appointed  the  2d  Instant  to  take  into  Consideration 
the  Expediency  of  carrying  into  immediate  Execution  an  Order  of 
Council  of  the  22d  of  February  last  for  running  the  Western  Boundary 
Line  between  this  Province  and  that  of  New  York,  which  Service  was 
Suspended  by  the  inability  of  the  Surveyor  of  New  York  to  attend 
that  Business  on  Account  of  his  ill  State  of  Health. 


Present 


Wm  Hey  C  J 

The  Honb,e  H.  Finlay 
Tho8  Dunn 


Col  Drummona 
Fra8  Levesque     Esq' 
Edward  Harrison 


Who  after  taking  the  whole  of  the  Proceedings  with  respect  to  this 
Matter  into  their  Consideration  are  unanimous  in  reporting 

That  the  Suspension  of  this  Service  by  the  illness  of  Mr  Valentine  and 
the  Steps  of  Necessity  taken  in  consequence  of  that  Suspension,  have 
created  Difficulties  in  carrying  that  Work  into  immediate  Execution, 
which  they  know  not  well  how  to  reconcile,  and  made  it  not  an  easy 
Matter  to  determine  upon  either  the  Prudence  or  Propriety  of  recom- 
mending it;  Difficulties  arising  from  an  accidental  Circumstance  as  lit- 
tle expected  as  agreeable  to  us,  who  have  treated  and  will  continue  to 
treat  upon  this  Subject,  with  all  good  Faith  and  a  Sincere  Desire  of  per- 
fecting what  we  think  both  an  useful  and  necessary  work,  at  the  same 
Time  that  we  must  confess  we  do  not  discover  the  necessity  of  that  pre- 
cipitation with  which  it  is  urged  on  the  Part  of  the  Government  of  New 
York. 

The  Council  well  remember  and  the  Government  of  New  York  will  do 
us  the  Justice  to  acknowledge  with  what  Readiness  we  embraced,  and 
with  what  good  Will  we  persisted  in  the  Execution  of  the  Measure 
originally  proposed  by  them  for  running  the  Line  of  the  Eastern  Bound- 
ary tho'  we  did  not  look  upon  our  Interest  in  that  Business  to  be  near 
so  large  as  theirs,  and  we  had  neither  Funds  of  our  own  to  defray  them 
nor  particular  Directions  for  charging  Government  at  home  with  the 
Expences  attending  it. 

With  the  same  Sincerity  and  the  same  Desire  of  seeing  it  carried 
into  Execution  we  gave  the  necessary  Directions  for  running  the  pres- 
ent Line  to  the  Westward  this  Spring,  when  Mr  Valentine's  ill  State  of 
Health  not  permitting  him  to  attend  the  Service  we  considered  it  as  of 
Necessity  Suspended  till  another  Year,  and  the  Deputy  Surveyor  Gen- 
eral was  ordered  as  we  understand  upon  another  not  less  interesting 
and  important  Service,  the  surveying  and  marking  out  a  Road  through 
this  Province  to  the  Settlements  upon  the  Kennebec  River. 

In  this  Situation  we  find  ourselves  called  upon  to  renew  our  Opera- 
tions and  finish  this  Business  in  the  Course  of  this  year,  by  the  personal 
Interposition  of  his  Excellency  the  Governor  of  New  York,  to  whose 
Station  and  Character  We  bear  the  highest  Testimony  of  Esteem  and 
Respect,  and  whose  earnest  solicitations  upon  this  Subject  we  would 
chearfully  gratify  at  the  Expence  of  every  Thing  but  our  Duty  to  the 
publick,  but  admitting  that  the  many  other  Difficulties  which  the  una- 
voidable Suspension  of  this  Service  has  thrown  in  our  Way  could  be 
as  readily  removed  as  it  is  our  Wish  they  should,  we  must  still  beg 
leave  to  observe  that  we  have  good  Reason  to  hope  that  his  Majesty's 
Ministers  may  think  this  no  unreasonable  Opportunity  for  reconsidering 


Boundaries  of  the  State  of  New  York.  35 

the  whole  of  our  boundary  Line  as  setled  by  the  Proclamation  in  1763: 
We  are  not  without  Hopes  that  they  may  be  induced  by  such  Repre- 
sentations as  have  or  may  be  made  upon  that  Subject,  to  make  other 
arrangements  more  favourable  and  better  adapted  to  the  Circumstances 
and  Situation  of  this  Province,  and  how  far  our  taking  such  a  Step  as 
this  which  they  may  consider  as  decisive  upon  our  Part  may  have  an 
Influence  to  obstruct  or  wholly  frustrate  any  such  Measure  deserves  to 
be  well  considered,  and  we  must  for  ever  reproach  ourselves  if  any 
inconsiderate  Step  of  ours,  under  what  respectable  Recommendation 
Soever  it  is  urged,  should  interrupt  or  prevent  a  Measure  which  We 
.have  reason  to  think  will  be  adopted  upon  Principles  either  of  publick 
Policy  or  private  Right. 

Yet  we  are  upon  the  whole  inclined  to  think  that  as  this  matter  must 
finally  remain  for  his  Majesty's  determination,  and  it  must  depend  upon 
his  Majesty's  Pleasure  to  adopt  this  or  direct  the  running  of  any  other 
different  Line  of  Division  between  the  two  Provinces,  and  considering 
also  that  the  Provisions  and  all  the  other  Necessaries  are  already 
pui'chased,  and  the  People  to  be  employed  upon  the  Service  ready  at 
the  Place  where  the  Operations  are  to  commence,  your  Honour  may 
safely  give  the  necessary  Directions  for  going  on  with  the  Service 
immediately  under  the  following  Reservations,  which  we  consider  as 
the  only  expedient  for  resolving  the  many  Difficulties  which  have 
occurred,  and  without  which  we  must  find  ourselves  under  the  necessity 
of  deferring  the  Proceedings  till  another  Year. 

That  every  Thing  shall  remain  between  the  two  Provinces  exactly  in 
the  same  Situation  as  well  with  regard  to  Jurisdiction  as  Property 
after  the  Line  is  run,  as  it  does  now  until  his  Majesty's  Pleasure  upon 
that  Subject  shall  be  known. 

That  his  Excellency  the  Governor  of  New  York,  will  engage  not  to 
pass  any  new  Grant  or  Grants  of  Land  to  the  Southward  of  the  Line, 
the  Property  of  which  is  now  or  has  at  any  Time  been  claimed  under 
any  Title  from  the  Crown  of  France. 

That  we  do  not  by  our  Consent  to  the  running  of  the  Line  give  up  or 
in  any  manner  recede  or  depart  from  any  Right  or  Claim  to  Lands  to 
the  Southward  of  the  Line  which  have  at  any  Time  been  or  now  are 
disputed  between  the  two  Provinces,  but  that  the  whole  shall  be 
submitted  to  his  Majesty's  Pleasure  with  Prejudice  or  Advantage  of 
any  kind  to  be  taken  of  this  Instance,  which  we  are  willing  to  show 
tho'  at  some  Hazard,  of  our  Desire  of  a  good  Correspondence  at  all 
Times  with  the  Province  of  New  York 

Signed  WM  HEY  P  C 

—[N.  Y  Council  Minutes  (MS.),  v.  26,  p.  365. 

Quebec  4th  August  1773 
Sir 

Having  laid  your  Letters  of  the  5th  and  25th  July  together  with  the 
Minutes  of  the  Council  of  New  York  inclosed  in  the  former,  before  his 
Majesty's  Council  of  this  Province,  I  have  the  Honour  to  communicate 
the  Result  of  their  Deliberations  upon  the  Subject  Matter  of  said  Let- 
ters and  to  acquaint  you,  that  if  you  choose  to  accept  the  Terms  pro- 
posed, Orders  shall  be  given  to  Mr  Collins  in  Conjunction  with  your 
Surveyor  to  proceed  upon  running  of  the  Line,  as  soon  as  he  has  exe- 


36  Copies  of  Documents  Relating  to  the 

cuted  some  little  Business  he  has  in  hand,  and  which  cannot  take  up 
more  than  seven  or  eight  days  at  most,  I  have  the  Honour  to  be  with 
great  Regard  and  Respect  Sir  your  Excellency's  most  obed't  and  most 
humble  Servt 

H.  T.  CRAMAHE. 
His  Excellency  William  Try  on  Esquire 

Capt  Gen1  and  Govr  in  Chief  of  the 

Province  of  New  York 


Quebec  4th  August  1773 
Sir 

I  am  honoured  with  your  Letter  of  this  Day  with  the  Report  of 
the  Council  of  your  Government  on  the  Subject  Matter  of  any  Letters 
to  you  of  the  5th  and  25th  of  July. 

It  is  with  Singular  Pleasure  I  can  inform  you  I  accept  of  and  assent 
to  the  Terms  contained  in  the  Reservations  of  the  said  Report  at  the 
same  Time  I  assure  you  it  never  has  been  nor  is  my  Wish  or  Design  to 
take  any  Advantage  either  over  the  Jurisdiction  of  the  Government  of 
Quebec,  or  of  French  Claims  lying  within  the  Government  of  New 
York,  but  am  determined  to  wait  the  declaration  of  the  Royal  Mind 
concerning  the  Premises  :  I  own  I  do  not  apprehend  Hazard  in  paying 
Obedience  to  the  King's  Proclamation  of  17(33,  and  carrying  into  Exe- 
cution the  reciprocal  Obligations  of  both  Governments. 

That  a  Moments  Time  may  not  be  lost  in  carrying  the  Survey  of  the 
Partition  Line  into  Execution,  I  shall  leave  Mr  Sauthier  in  this  Town 
who  succeeds  Mr  Valentine,  to  attend  and  act  in  Conjunction  with  Mr 
Collins  on  the  Survey,  as  soon  as  the  little  Business  you  have  for  Mr 
Collins  is  executed,  which  I  hope  may  take  less  than  seven  or  eight 
Days.     I  am  with  much  respect  and  esteem  Sir 

Your  Honor's  &c  &c  &c 
Signed 

WM  TRYON 

L'  Govr  Cramahe 

— [iV.  T.  Council  Minutes  (MS.),  v.  26,  p.  367. 


At  a  Council  held  at  Fort  George  in  the  City  of  New  York 
on  Friday,  the  fifteenth  day  of  October  1773. 
*  *  *  * 

The  following  Warrant  having  been  read  as  usual,  was  signed  by  his 
Excellency  the  Governor  with  the  Advice  of  the  Council. 

N°  2233. 
To  his  Excellency  the  Governor  for  Monies  advanced  | 

by  him  for  completing  the  Boundary  Line  between  >£107  16.  10. 
the  Colony  and  Quebec  the  sum  of 
— [iV.  T.  Council  Minutes  (MS.),  vol.  26,  p.  376. 


Boundaries  of  the  State  of  New  York.  37 

[John  Collins  to  Gov.  Teton.] 

Montreal  22nd  Oct'  1773 
Sir 

I  have  the  Honour  of  your  Excellency's  favour  of  the  9th  of  August, 
By  which  I  observe  you  have  paid  Mr  Valentine  thirty  Six  pounds 
Hallifax  Currency  and  taken  up  my  two  Receipts  which  sum  shall  be 
placed  to  the  Credit  of  your  Government  in  my  Ace"'  Current. 

I  am  sorry  to  acquaint  your  Excellency  that  the  Weit  Season  which 
Continued  many  Days  prevented  our  Compleating  the  Survey,  We 
had  advanced  fifty  Miles  West  of  Lake  Champlain,  When  we  found 
ourselves  in  want  of  provision,  the  Means  we  made  use  of  to  Obtain 
provision  and  the  dissappointment  we  meat  with,  Will  be  made  known 
to  you  by  Mr  Southier,  It  is  a  great  pity  we  should  meet  with  Such 
disappointments  when  in  the  Neighbourhood  of  Lake  Sl  Francois,  I  am 
of  Opinion  the  distance  does  not  exceed  ten  Miles,  I  wish  I  could  let 
your  Excellency  know  the  Expence  that  will  attend  Compleating  it,  But 
I  apprehend  it  cannot  be  very  greate,  as  I  imagine  a  Surveyor  and 
twelve  Men  May  finish  the  Business  and  Return  within  one  Month — 

Should  your  Excellency  incline  to  have  it  finished  either  in  the  Spring 
or  course  of  next  Summer,  And  not  think  it  an  Object  Worthy  of  send- 
ing a  person  on  purpose,  you  May  freely  Command  me  on  that  Service, 
Provided  it  be  agreeable  to  our  Lieut"  Governor,  I  shall  Endeavour  to 
Execute  it  to  the  Satisfaction  of  both  Governments.      *  * 

I  have  the  Honour  with  greate  Esteem 
To  be  your  Excellencys  Most  Obedient 
and  Humble  Servant 

JOHN  COLLINS. 
His  Excellency  Govr  Tryon 
— [AT.  T.  Col.  MSS.y  vol.  c,  26. 

[In  Council.] 

November  17,  1773. 
*  *  *  * 

His  Excellency  laid  before  the  Board  a  Letter  of  the  10th  Instant 
from  Thomas  Valentine  Surveyor  on  the  Part  of  this  Province  for 
running  the  Boundary  Line  between  the  Provinces  of  New  York  and 
Quebec,  inclosing  his  general  Account  for  his  Services  in  that  Station 
which  were  read,  together  with  a  Letter  of  the  16th  Instant  to  his 
Excellency  from  the  Surveyor  General  and  several  other  Letters  from 
and  to  the  said  Thomas  Valentine  which  were  also  read:  And  there- 
upon it  is  ordered  by  his  Excellency  the  Governor  with  the  Advice  of 
the  Council  that  the  said  Thomas  Valentine  do  prepare  a  full  Account 


38  Copies  of  Documents  Relating  to  the 

stating  his  Demand  against  the  Province  with  the  sums  he  has  received 
and  disbursed  for  the  Service  aforesaid.  As  also  a  Journal1  of  his 
Proceedings  and  a  Map  of  the  Survey  and  exhibit  the  whole  to  the 
General  Assembly  for  the  Consideration  of  the  House  at  their  next 
Meeting. 

*  *  *  * 

— [JV.  Y  Council  Minutes,  (MS.),  v.  26,  p.  377. 


December  1,  1773. 

*  *  *  * 

His  Excellency  laid  before  the  Board  a  Journarof  the  Proceedings 
of  John  Collins  Esquire  Surveyor  on  the  Part  of  the  Province  of 
Quebec,  and  Claude  Joseph  Sauthier  Esquire  Surveyor  appointed  on 
the  Part  of  this  Province,  for  running  the  Line  between  the  Govern- 
ments of  New  York  and  Quebec  Westward  from  Lake  Champlain  in 
the  Latitude  of  forty  five  North,  to  the  River  S'  Lawrence,  with  a 
Chart  or  Map  of  the  said  Line  as  far  as  the  same  is  run.  As  also  a 
Letter  from  Mr  Collins  dated  at  Montreal  the  22d  October  last,  acquaint- 
ing his  Excellency  that  the  wet  Season  which  continued  many  Days, 
prevented  their  completing  the  Survey.  That  they  had  advanced  fifty 
miles  West  of  Lake  Champlain  when  they  found  themselves  in  want  of 
Provisions,  and  the  Means  they  made  use  of  to  obtain  fresh  Supplies 
disappointed,  and  that  he  is  of  Opinion  the  Distance  left  unsurveyed 
does  not  exceed  ten  Miles. 

*  *  *  * 

— [iVT  Y.  Council  Minutes  (MS.),  v.  26,  p.  378. 

[Correspondence.] 
Dear  Sir 

Waiting  on  the  Governor  this  Morning  on  other  Business,  he  desired 
I  would  signify  his  Request  to  you  to  attend  the  Council  on  Wednesday 
next  at  1 1  o'Clock  in  the  Forenoon,  to  inform  the  Council  what  passed 
between  you  and  Mr  Valentine  as  to  the  Terms  or  agreement  under 
which  he  acted  as  your  Deputy  in  running  the  Line  between  The  Pro- 
vinces of  New  York  and  Quebec. 

I  am  Dr  Sir 

Your  most  obed'  Servant 

G.  W.  BANYAR 
New  York  15  Novem.  1773. 

Alexander  Colden  Esqr 
— [JST.  Y.  Col.  MSS.,  c,  33. 

'No  copy  of  this  Journal  has  been  found.  —  [P. 


Boundaries  of  tbe  State  of  New  York.  39 

New  York  Novr  16th  1773 
Sir 

I  Received  a  letter  from  Mr  Banyar  yesterday,  Signifying  your  Request 
that  I  would  attend  the  Council  tomorrow  morning  at  Eleven  o'Clock, 
to  Inform  them  what  passed  between  Mr  Valentine  and  myself  as  to  the 
Terms  under  which  he  acted  as  my  deputy  in  Running  the  line  between 
this  Province  and  Quebec,  but  as  my  State  of  health  will  not  permit  me 
to  attend,  I  am  oblidged  to  take  this  Method  of  Informing  your  Excel- 
lency that  no  agreement  was  made  between  Mr  Valentine  and  myself 
Relative  to  the  Wages  that  he  was  to  Receive  as  my  deputy  upon  that 
Survey  neither  do  I  know  of  any  agreement  that  was  made  wth  him,  but 
we  both  understood  that  he  [would]  have  the  same  allowance  from  the 
Government  for  that  Service  as  the  Surveyor  acting  on  the  part  of  the 
Province  of  Quebec  —  I  am  oblidged  to  desire  Mr.  Antill  to  write  this 
and  Even  Sign  my  name  as  I  am  not  able  to  hold  a  pen  Owing  to  the 
weakness  of  my  nerves  — 

I  am  with  Great  Respect 

Your  Excellency's  Most  Obed' 
humble  servant 

ALEX*  GOLDEN 

—[TV.  Y  Col.  MSS.,  c,  34. 


Mr  Colden  presents  his  most  respectful  Compliments  To  His  Excel- 
lency and  agreeable  to  His  Request  incloses  attested  Copys  of  the 
Commission  of  Deputation  and  Instructions  given  by  him  to  his  Deputy 
Thomas  Valentine  for  Running  the  boundary  Line  between  the  pro- 
vinces of  New  York  and  Quebec. 

Colden-Knoll 

Long  Island  Decr  9th  1773 
His  Excellency  Governor  Tryon 
— [iV:  Y  Col.  MS&,  c,  49. 

[In  Council  and  Genebal  Assembly.] 

January  12,  1774- 

*  *  *  * 
Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

*  *  *  * 

To  remove  the  Difficulties  which  obstructed  the  Completion  of  the 
Line  in  part  run  between  this  Province  and  Quebec,  I  visited  that 
Government  the  last  Summer,  and  from  the  Measures  concerted  with 
Lieutenant  Governor  Cramahe,  promised  myself  this  Business  would 
have  been  effected  before  the  approach  of  Winter;   but  the  Survey 


40  Copies  of  Documents  Relating  to  the 

being  protracted  from  the  low  marshy  soil  through  which  the  Line 
passes,  and  a  Series  of  unfavourable  Weather,  the  Provisions  of  the 
Party  were  exhausted  and  being  disappointed  in  their  Expectations  of 
a  seasonable  Supply,  the  Surveyors  were  compelled  to  abandon  the 
Work,  leaving  unfinished,  as  they  report,  a  space  not  exceeding  Ten 
Miles  to  Lake  St.  Francois,  where  the  Survey  was  to  have  terminated. 


— [N.  Y.  Legis.  Council  Journal,  p.  1899. 


[In  Council.] 


W*  TRYON. 


January  15,  1774. 


To  His  Excellency  William  Tryon  Esquire  *  * 

May  it  please  your  Excellency 

An  Uncertainty  of  Jurisdiction  being  inevitably  productive  of  Discord 
and  Violence,  and  involving  the  Inhabitants  of  the  contested  Districts 
in  all  the  numberless  and  complicated  Miseries  of  a  lawless  State,  with 
pleasure  we  bear  Testimony  to  your  Zeal  and  Assiduity  in  pursuing  the 
great  and  necessary  Object  of  ascertaining  the  Boundaries  of  the  Pro- 
vince ;  and  We  hope  your  unwearied  Endeavours  in  that  laudable 
Service  will  be  crowned  with  the  desired  Success. 

*  *  *  * 

By  Order  of  the  Council. 

JN°  WATTS  Speaker. 
— [N.  Y.  Legis.  Council  Journal,  p.  1901. 

[In  General  Assembly.] 

January  18,  1774. 

*  *  *  * 

To  his  Excellency  William  Tryon  *  * 

May  it  please  your  Excellency, 

*  *  *  * 

We  flattered  ourselves  that  the  running  the  line  between  this  colony 
and  the  province  of  Quebec,  would  have  been  finally  completed  last 
summer  ;  but  are  disappointed  to  find  that  the  surveyors  were  com- 
pelled from  the  want  of  provisions,  to  leave  the  work  unfinished,  after 
the  trouble  your  Excellency  has  taken  on  this  occasion,  in  visiting  that 

government,  and  the  liberal  grants  of  this  colony  for  that  purpose. 

*  *  *  * 

By  order  of  the  General  Assembly, 

JOHN  CRUGER,  Speaker. 
— [Nl  Y.  Gen.  Assembly  Journal,  1774,  p.  13. 


Boundaries  of  the  State  of  New  York.  41 

[In   General  Assembly.] 

February  9th,  1774. 

*  *  *  * 

A  petition  of  Mary  Valentine,  relict  of  Thomas  Valentine  deceased, 
was  presented  to  the  house  and  read  praying  that  provision  may  be 
made  for  the  payment  of  her  account,  for  the  services  of  her  said  deceased 
husband,  late  surveyor,  authorised  by  the  Government  of  New-York,  in 
ascertaining  the  boundary  line  between  this  colony  and  the  province  of 
Quebec. 

Ordered, 

That  the  said  petition  be  referred  to  the  consideration  of  the  commit- 
tee to  whom  his  Excellency's  speech  is  committed. 

*  *  *  * 

— [Idem,  p.  44. 

February  14,  1774. 

*  *  ♦  * 

A  message  from  his  Excellency  the  Governor,  by  Col.  Edmund  Fan- 
ning, his  Private  Secretary  : 

Gentlemen, 

The  running  of  the  boundary  line  between  this  province  and  Quebec, 
being  undertaken  at  the  mutual  expense  of  both  Governments,  Mr. 
Collins  and  Mr.  Sauthier,  the  surveyors  last  employed  on  that  service, 
have  furnished  me  with  a  signed  account  of  the  several  disbursements, 
(leaving  the  pay  of  their  own  services  to  the  respective  provinces) 
whereby  I  am  enabled  to  send  you  the  amount  of  what  is  due  to  each  of 
those  gentlemen,  which  I  recommend  to  your  consideration  and  allow- 
ance. The  field  book  and  plan1  of  the  survey,  I  also  send  for  your 
inspection,  that  you  may  have  the  fullest  information  of  the  nature  of 
this  service. 

W"  TRYON. 
— [Idem,  p.  49. 

'This  "field  book"  has  not  been  found.  The  "plan"  may  have  been  a  pre- 
liminary draft  of  the  one  completed  October  20, 1774,  on  file  in  the  office  of  the 
Secretary  of  State  (Portfolio  Map  No.  175),  bearing  the  following  inscription: 

"  A  Plan 

of  the 

Boundary  Line  Between 

the  Provinces  of 

Quebec  and  New  York 

Latt*  45°  Varin  of  the  Compass  9*  Wt. 

Surveyed,  and  Compleated  the  20*h  October  1774. 

by  John  Collins,  D.  S.  G. 

Scale  of  two  Miles  to  an  inch." 

This  "  Plan  "  includes  the  whole  line  from  Connecticut  River  to  St.  Regis. — [P. 


42  Copies  of  Documents  Relating  to  the 

February  17th,  IV  74. 
*  *  *  * 

A  message  from  his  Excellency  the  Governor,  *  * 

Gentlemen, 

Since  my  last  message  to  you,  I  have  received  a  letter  from  Mr.  Col- 
lins, the  surveyor  on  the  part  of  Quebec,  for  running  the  partition  line 
between  that  province  and  New  York  ;  with  copies  of  the  accounts  of 
that  service,  as  settled  by  the  government  of  Quebec  ;  whereby  it 
appears  that  he  has  made  a  claim  against  this  province  for  only  ten 
pounds,  eighteen  shillings  and  six  pence,  Hallifax  money  :  You  will 
perceive,  however,  that  Mr.  Collins  has  credited  this  government  with 
a  larger  sum,  by  Mr.  Sauthier,  than  what  was  actually  advanced  by 
him ;  consequently  there  must  be  an  error  in  that  article  of  Mr.  Collin's 
account. 

The  overture  made  by  Mr.  Collins,  to  complete  the  Extension  of  the 
boundary  line,  to  Lake  St.  Francois,  as  the  surveyor  for  both  provinces, 
for  the  sum  of  one  hundred  pounds  sterling,  is  thought  a  reasonable 
proposition  by  the  government  of  Quebec,  and  I  esteem  it  worthy  of 
your  consideration,  Mr.  Collins  being,  in  my  opinion,  a  gentleman  in 
the  integrity  of  whose  conduct  in  the  faithful  performance  of  that  ser- 
vice an  entire  confidence  may  be  placed.  The  accomplishment  of  it 
would  effectually  prevent  all  further  trouble  or  controversy  about  the 
boundary  between  the  two  governments. 

WM  TKYON. 
— [Idem,  p.  56. 


An  Act  /or  the  Payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony,  and  other  Purposes  therein  mentioned. 

Passed  the  19th  of  March,  1774. 

1.  Be  it  enacted  *  *  That  the  Treasurer  of  this  Colony  shall, 
and  hereby  is  directed  and  required  to  pay, 

*  *  *  * 

Unto  Mary  Valentine,  Relict  and  Executrix  of  Thomas  Valentine, 
Surveyor,  deceased,  in  full  for  his  Services  and  Expences,  in  running  in 
Part  the  Partition  Line  between  this  Colony  and  the  Colony  of  Quebec, 
the  Sum  of  Three  Hundred  Pounds. 

Unto  Claude  J.  Sauthiers,  Surveyor,  for  the  Balance  of  his  Account 
of  Days  Wages  and  Expences,  in  running  and  marking  Part  of  the 
Line  of  Partition  between  this  Colony  and  the  Colony  of  Quebec,  the 
Sum  of  Seventy-seven  Pounds  Four  Shillings. 

Unto  John  Collins,  of  Quebec,  Surveyor,  a  Balance  due  to  him,  as  per 


Boundaries  of  the  State  of  New  York.  43 

his  Account  of  Expences  accrued  in  running  the  Quebec  Line,  the  Sum 
of  Seven  Pounds  Thirteen  Shillings  and  Six-pence. 

*  *  •  *  -  * 
— [N.  Y  Colony  Laws,  1774,  1775,  pp.  56,  59. 

[In  General  Assembly.] 

March  28,  1775. 

*  *  *  * 

A  message  from  his  Honor  the  Lieutenant  Governor     *  * 

Gentlemen, 

By  desire  of  Governor  Tryon,  I  last  spring  sent  Mr.  Collins,  the 
Deputy  Surveyor  General  of  the  province  of  Quebec,  a  copy  of  the 
resolve  of  your  house,  that  you  would  make  provision  for  paying  fifty 
pounds  sterling,  for  completing  the  line  between  this  province  and  the 
province  of  Quebec.  Mr.  Collins,  by  his  letter  of  the  24th  of  November 
last,  informed  me  that  he  had  completed  the  work  ;  that  the  distance 
being  greater  than  was  expected,  had  occasioned  a  greater  expense 
than  was  foreseen ;  and  that  of  consequence  he  was  liable  to  be  a  con- 
siderable loser  by  the  service  which  he  had  undertaken  for  the  govern- 
ment, unless  some  further  allowance  was  made  for  his  disbursements. 
With  his  letter  of  the  28th  of  February,  Mr.  Collins  has  sent  me  an 
account  of  his  disbursements ;  and  has  drawn  upon  me  for  the  fifty 
pounds  sterling,  which  cannot  be  paid  till  an  act  is  passed  for  the  pur- 
pose. I  send  to  you  the  letters  and  account,  that  you  may  make  the 
necessary  provision. 

CADWALLADER  COLDEN. 

— [N.  Y.  Gen.  Assembly  Journal,  1775,  p.  94. 

An  ACT  for  the  Payment  of  Salaries  [etc.']  *  *  * 

Passed  the  1st  April,  1775. 

*  *  *  * 

Unto  John  Collins,  for  compleating  the  Extention  of  the  Boundary 
Line  between  this  Colony  and  the  Province  of  Quebec,  to  Lake  St. 
Francois,  agreeable  to  a  Resolution  of  this  House  the  Sixteenth  of 
March  last,  the  sum  of  Eighty-five  Pounds. 

— \N.  Y.  Colony  Laws,  1774,  1775,  p.  92. 

[State  of  Vermont.] 

An  act  empowering  the  Governor  of  this  state  to  ascertain  the  Northern 

Boundary  of  this  state. 

Section  I. 

It  is  hereby  enacted  by  the  General  Assembly  of  the  State  of  Vermont, 

That  the  Governor  of  this  State  for  the  time  being,  be,  and  he  is  hereby 


44  Copies  of  Documents  Relating  to  the 

authorised  and  empowered,  to  employ  some  person  of  competent  knowl- 
edge, together  with  such  assistants  as  he  may  deem  necessary,  to  ascer- 
tain by  celestial  observation,  where  the  forty  fifth  degree  of  north  lati- 
tude crosses  Lake  Memphrimagog,  and  where  the  same  intersects  Con- 
necticut-River, and  how  far  a  parellel  of  latitude  extended  east  and 
west  from  said  points,  will  deviate  from  the  present  boundary  line. 

Sec.  2.  And  it  is  hereby  further  enacted,  That  for  the  purposes  afore- 
said, there  be,  and  there  is  hereby  appropriated  a  sum  not  exceeding 
three  hundred  dollars;  and  the  treasurer  is  hereby  directed  to  pay  the 
same,  or  any  part  thereof,  to  the  order  of  the  Governor. 

Passed  November  8,  1805. 

— [Acts  and  Laws  of  Vt.,  1805,  chapter  cxvi. 

[Governor  of  Vermont  to  Samuel  Williams,  LL.  D.] 

Bennington,  April  25,  1806. 

Rev.  Samuel  Williams,  LL.  D.,  Rutland: 
Sir. 

I  received  your  letter  of  the  19th  Instant,  and  am  well  pleased  that 
you  agree  to  undertake  the  business  of  ascertaining  the  latitude  45. 
Your  experience  and  practical  knowledge  in  the  Science  of  Astronomy, 
will  create  confidence  in  whatever  you  do.  The  act  which  empowers 
me  to  employ  you  in  this  business  must  be  strictly  pursued. 

The  Legislature  was  induced  to  pass  this  act  upon  the  representations 
of  a  number  of  respectable  persons,  who  were  of  opinion,  that  although 
the  point  of  Latitude  45  near  Lake  Champlain,  has  been  correctly  ascer- 
tained in  the  year  1161  by  commissioners  duly  authorized  for  that 
purpose,  yet  the  person  who  was  afterwards  appointed  to  extend  a  line 
on  this  point  of  Latitude  to  Connecticut  River  for  the  boundary  between 
the  three  Provinces  of  New  York  and  Canada,  was  incorrect,  in  his  sur- 
vey—  that  this  line  uniformly  inclined  to  the  Equator  —  that  the  place 
where  it  intersects  Connecticut  River  would  be  found  at  least  three 
miles  South  of  the  true  point  of  Latitude  45  —  To  ascertain  the  truth 
of  this  representation,  and  in  order  to  enable  the  Legislature  to  decide 
whether  the  variation  from  the  true  line  was  such,  as  to  make  it  an 
object,  for  an  application  to  the  General  Government,  the  act  in 
question  was  passed  and  is  explicit  in  pointing  out  the  duties  of  the 
person  employed  in  its  execution. 

The  Committee  who  reported  the  bill  were  of  opinion  that  by  ascer- 
taining the  point  of  Latitude  45  on  Connecticut  River  and  also  the  same 
point  of  Latitude  on  Lake  Memphremagog,  and  by  measuring  the  dis- 
tance from  each  point  to  the  line  now  considered  as  the  boundary,  we 
should  be  able  to  ascertain  every  necessary  information. 


Boundaries  of  the  State  of  New  York.  45 

I  have  been  thus  particular  in  my  opinion  of  the  act,  which  must  be 
our  guide,  from  an  apprehension  that  we  differ  in  our  construction  of  it. 
In  one  paragraph  of  your  letter  you  consider  it  necessary  to  ascertain 
the  situation  of  the  line  from  Connecticut  River  to  Lake  Champlain, 
and  that  the  act  requires  an  account  of  the  land  gained  or  lost  by  the 
State.  I  wish  the  act  had  left  this  at  discretion,  but  it  has  not.  Of  any 
business  that  may  be  done  beyond  the  act  mentions,  the  responsibility 
must  be  upon  us. 

Should  you  find  the  old  line  where  it  intersects  Connecticut  River  to 
be  on  the  true  point  of  Latitude  45  or  not  far  distant  from  it  and  at 
Lake  Memphremagog,  you  should  find  the  line  equally  correct,  I  am 
persuaded  our  Legislature  would  acquiesce  in  the  line  as  it  now  is  with- 
out any  further  trouble  or  expence. 

The  marking  out  the  line  anew,  ascertaining  its  situation  and  erecting 
suitable  monuments  would  in  that  case,  depend  upon  some  future  act 
of  our  Government  in  concurrence  with  the  Government  of  Canada, 
and  not  upon  the  act  now  before  us. 

As  you  will  be  on  the  line,  and  in  a  situation,  from  a  personal  view 
and  from  the  information  of  others,  to  ascertain  in  general,  its  style, 
course  and  correctness  and  the  propriety  of  erecting  monuments  on  any 
part,  any  observations  on  these  points  will  be  useful,  and  I  am  per- 
suaded  will  be  gratefully  received  by  the  Legislature  in  case  the  old 
line  should  prove  to  be  our  boundary. 

The  Almanac  I  have  not  yet  read.  You  will  advise  me  the  next 
mail,  whether  your  first  observations  will  be  made  at  the  N.  E.  corner 
of  the  State  or  at  Derby,  and  to  what  place  I  must  send  the  Almanac. 
I  can  be  at  Derby  the  15th  May. 

I  shall  direct  Mr.  Page  to  make  out  your  appointment  in  due  form. 
He  will  also  deliver  to  you  an  order  upon  the  Treasurer  for  one  hundred 
dollars.  If  it  should  be  more  convenient  your  collector  will  answer 
this  order.  In  our  good  Republican  Government  I  need  not  mention 
to  you,  who  have  given  so  many  excellent  lessons  on  the  virtue  of 
economy,  the  necessity  of  observing  it  in  the  business  committed  to  our 
management. 

With  sincere  esteem  and  the  best  wishes  for  the  continuance  of  your 
health 

I  am  Dear  Sir  your  Ob't  Servant 

ISAAC  TICHENOR.1 

Copied  and  the  original  delivered  by 
Wm.  Page,  2. 

1  This  name  is  misspelled  in  some  of  the  MSB.  hereafter  quoted.  — [P. 


46  Copies  of  Documents  Relating  to  the 

Copy 
Bennington  24  April  1806. 

To  Benjamin  Swan  Esq  Treasurer 
of  the  State  of  Vermont. 

Please  to  pay  the  Rev.  Samuel  Williams  one  hundred  dollars  for 
services  to  be  performed  by  him  in  ascertaining  the  Latitude  45. 

Signed  ISAAC  TECHENER. 

Received  Rutland  26  April  1806  by  the  hand  of  William  Page  2  the 

order  of  which,  the  above  is  a  copy. 

SAMUEL  WILLIAMS. 
— [Stevens  MSB.,  in  N~.  Y.  State  Library? 

ASTRONOMICAL  OBSERVATIONS 

Made  by  order  of  his  Excellency  Governor  Tichner  to  ascer- 
tain the  Latitude  op  the  Northern  Boundary  op  the  State  of 

Vermont. 

By  Samuel  Williams,  LL.  D. 

On  Connecticut  River. 
The  original  Monument  is  yet  standing.  It  is  a  square  piece  of 
timber,  about  eight  inches  in  diameter  and  seven  feet  high.  It  stands 
on  the  bank  of  the  Connecticut  River,  and  is  covered  with  woods,  which 
extends  for  nearly  two  miles.  On  this  monument  are  the  following 
inscriptions: 

On  the  North  side.  ■ 

H.  Carden  J.  Collins  QUEBEC. 

On  the  South  side. 

NEW    YORK. 

On  the  East  side. 

Oct.  1st  1772  — 90^. 

There  are  some  other  marks  and  letters  which  appear  to  have  been 
of  a  later  date,  and  are  nearly  obliterated.  The  timber  is  nearly  rotten 
at  the  bottom,  and  will  probably  fall  down  in  a  few  years,  unless  some- 
thing shall  be  done  to  preserve  it. 

May  12,  1806. 

Meridian  Altitude  of  the  Sun's  upper  limb  by  observation,       63       9  5 

Sun's  parallax +  4 

Refraction —  29 

Sun's  semidiameter 15  52 

Meridian  Altitude  of  the  Sun's  centre 62     52  48 

1  Not  yet  arranged,  and  not  accessible  at  time  of  reading  this  proof.  —  [P. 


Boundaries  of  the  State  of  New  York.  47 

o  /  I 

Sun's  declination  North 18       5       5 

Latitude  of  the  place 44     47     43 

May  13. 

Meridian  Altitude  of  the  Sun's  upper  limb  by  observation,       64  24     27 

Sun's  parallax +  4 

Refraction —  29 

Sun's  semidiameter —  15     52 

Meridian  Altitude  of  the  Sun's  center 63  8     10 

Sun's  declination  North —   18  20       7 

Latitude 44  48       3 

The  variation  of  the  Magnetic  Needle,  by  a  good  observation,  was 
this  day  found  to  be  9  degrees  West. 

May  15. 

Meridian  Altitude  of  the  Sun's  upper  limb  by  observation,       63     53     43 

Sun's  pai-allax +  4 

Refraction —  29 

Sun's  semidiameter —  15     52 

Meridian  Altitude  of  the  Sun's  centre 63     37     26 

Sun's  declination  North —  18     49     16 

Latitude 44     48     10 

The  mean  of  these  observations  is '. 44     47     59 

which  is  the  true  latitude  of  the  monument  on  the  East  Bank  of  Con- 
necticut River.  The  Northern  line  of  Vermont,  at  that  place,  is 
therefore  12'  l"  South  of  the  Latitude  of  45  degrees. 

By  the  most  accurate  measures  and  computations  which  have  been 
made  by  Astronomers,  one  degree  of  Latitude  is  equal  to  69£  miles. 
From  the  above  observations  then  the  result  will  be,  that  the  Northern 
boundary  of  Vermont  on  Connecticut  River,  is  thirteen  miles,  three 
quarters,  and  fifty-four  rods  more  Southerly  than  it  ought  to  be. 

(hi  Lake  Memphremagog. 
The  ancient  monument  is  a  piece  of  timber  about  five  feet  high,  and 
eleven  inches  diameter.     It  stands  on  the  east  bank  of  the  Lake,  and 
is  surrounded  and  supported  by  stones.     On  the  North  side  is  this 
inscription:  , 

STANSTEAD. 
On  the  East  side  are  these  words  and  figures: 

July  24,  1772. 

May  22.                                     °  '       * 

Meridian  Altitude  of  the  Sun's  upper  limb  by  observation,       65  30     34 

Sun's  parallax -f-  4 


48  Copies  of  Documents  Relating  to  the 

o  /  r 

Refraction —  27 

Sun's  semidiameter —  15  51 

Meridian  Altitude  of  the  Sun's  centre 65  14  20 

Sun's  declination  North —  20  21  1 

Latitude  of  the  place 44  53  19 

May  23. 

Meridian  Altitude  of  the  Sun's  upper  limb  by  observation,       65  42     2V 

Sun's  parallax +  4 

Refraction —  27 

Sun's  semidiameter —  15     51 

Meridian  Altitude  of  the  Sun's  centre    65  26     33 

Sun's  declination  North 20  32     44 

Latitude 44  53     49 

May  24 
Meridian  altitude  of  the  Sun's  upper  limb  by  observation       65     54     32 

Suns  parallax +  4 

Refraction —  27 

Sun's  semidiameter 15     51 

Meridian  altitude  of  the  Sun's  centre ....    65     38     18 

Sun's  declination  North —  20     44       8 

Latitude. . .' 44     54     10 

The  mean  of  these  observations  is 44     53     46 

which  is  the  true  latitude  of  the  Monument,  on  the  East  bank  of  Lake 
Memphremagog.  The  Northern  line  of  Vermont,  at  this  place  is  there- 
fore 6'  14"  South  of  the  Latitude  of  45  degrees.1  By  the  customary 
methods  of  computation,  this  will  amount  to  seven  miles,  and  seventy 
one  rods  . 

From  these  observations,  compared  with  those  made  at  Connecticut 
River,  it  does  not  appear,  that  the  Monument  made  at  Lake  Champlain, 
is  fixed  exactly  in  the  Latitude  of  45  degrees,  or  that  the  line  was 
actually  run  in  a  strait  course.  But  admitting  those  to  have  been  the 
case  the  direction  of  the  line,  instead  of  agreeing,  with  the  parallel  of 
latitude  is  in  fact  8°  52'  19"  south  of  that  line. 

The  length  of  the  Northern  line  of  this  State  by  measure  is  94£  miles. 
On  Connecticut  River,  this  line  is  to  the  South  of  Latitude  45  degrees, 
thirteen  miles,  three  quarters,  and  fifty  four  rods.  These  lines  form  a 
triangle,  which  contains  401,973^  acres  of  land.  Computed  by  the 
customary  method  of  laying  out  a  Township  six  miles  square,  this  will 
amount  to  17-jVfr  Townships,  and  so  much  land  is  actually  lost  to  Ver- 
mont, by  the  error  in  running  the  Northern  line  of  the  State.     To  this 

1  A  gross  error,  as  will  hereafter  appear.  — [P. 


Boundaries  of  the  State  of  New  York.  49 

it  should  be  added  that  as  Connecticut  River  lies,  in  a  Northerly  direc- 
tion as  it  approaches  this  State,  one  or  two  Townships,  would  on  that 
account,  accrue  to  Vermont,  if  the  Northerly  line  was  actually  run  on 
the  Latitude  of  45  degrees  and  continued  till  it  intersected  Connecticut 

River. 

Rutland,  June  18,  1806. 

— [Stevens  MSS.,  in  JV.  Y  State  Library. 

Treaty  of  Peace  and  Amity, 

Between  his    Britanic    Majesty    and  the    United  States  of   Amerioa. 

Dec.  24,  1814. 
*  *  *  * 

Article  the  Sixth. 

Whereas,  by  the  former  treaty  of  peace  that  portion  of  the  boundary 
of  the  United  States  from  the  point  where  the  forty-fifth  degree  of  north 
latitude  strikes  the  river  Iroquois  or  Cataraguy  to  the  lake  Superior, 
was  declared  to  be  "  along  the  middle  of  said  river  into  lake  Ontario, 
through  the  middle  of  said  lake  until  it  strikes  the  communication 
by  water  between  that  lake  and  lake  Erie,  thence  along  the  middle  of 
said  communication  into  lake  Erie,  through  the  middle  of  said  lake 
until  it  arrives  at,  the  water  communication   into  the  lake  Huron,     * 

*  And  whereas  doubts  have  arisen  what  was  the  middle  of  the  said 
river,  lakes  and  water  communications,  and  whether  certain  islands 
lying  in  the  same  were  within  the  dominions  of  his  Brittanic  Majesty 
or  of  the  United  States  :  In  order,  therefore,  finally  to  decide  these 
doubts,  they  shall  be  referred  to  two  commissioners,  to  be  appointed, 
*  *  The  said  Commissioners  shall,  by  a  report  or  declaration,  under 
their  hands  and  seals,  designate  the  boundary  through  the  said  river, 
lakes,  and  water  communications,  and  decide  to  which  of  the  two 
contracting  parties  the  several  islands  lying  within  the  said  rivers, 
lakes  and  water  communications,  do  respectively  belong,  in  conformity 
with  the  true  intent  of  the  said  treaty  of  one  thousand  seven  hundred 
and  eighty-three.  And  both  parties  agree  to  consider  such  designation 
as  final  and  conclusive.  *  *  *  * 

— [£/".  S.  Statutes  at  Large,  viii,  218,  221. 

Decision  op  the  Commissioners. 
The  undersigned  Commissioners,  appointed,  sworn  and  authorized,  in 
virtue  of  the  6th  article  of  the  treaty  of  peace  and  amity,  between  his 
Britannic  Majesty  and  the  United  States  of  America,  concluded  at 
Ghent,  on  the  24th  of  December,  1814,  impartially  to  examine,  and,  by 
a  report  or  declaration,  under  their  hands  and  seals,  to  designate,  that 
portion  of  the  boundary  of  the  United  States  "  from  the  point  where 
4 


50  Copies  of  Documents  Relating  to  the 

the  45th  degree  of  north  latitude  strikes  the  river  Iroquois,  or  Cata- 
raqui,  along  the  middle  of  said  river,  into  Lake  Ontario ;  through  the 
middle  of  said  lake,  until  it  strikes  the  communication  by  water  between 
that  lake  and  Lake  Erie;  thence,  along  the  middle  of  said  communica- 
tion, into  Lake  Erie ;  through  the  middle  of  said  lake,  until  it  arrives  at 
the  water  communication,  into  Lake  Huron;  thence,  through  the  middle 
of  said  water  communication,  into  Lake  Huron  ;  thence,  through  the 
middle  of  said  lake,  to  the  water  communication  between  that  lake  and 
Lake  Superior;  "  and  to  "  decide  to  which  of  the  two  contracting  par- 
ties the  several  islands  lying  within  the  said  rivers,  lakes,  and  water 
communications  do  respectively  belong,  in  conformity  with  the  true 
intent  of  the  treaty  of  1783,"  do  decide  and  declare,  that  the  following 
described  line,  (which  is  more  clearly  indicated  on  a  series  of  maps 
accompanying  this  report,  exhibiting  correct  surveys  and  delineations 
of  all  the  rivers,  lakes,  water  communications,  and  islands,  embraced  by 
the  6th  article  of  the  treaty  of  Ghent,  by  a  black  line,  shaded  on  the 
British  side  with  red,  and  on  the  American  side  with  blue,  and  each 
sheet  of  which  series  of  maps  is  identified  by  a  certificate,  subscribed 
by  the  commissioners,  and  by  the  two  principal  surveyors  employed  by 
them)  is  the  true  boundary  intended  by  the  two  before  mentioned 
treaties  ;  that  is  to  say  : 

Beginning  at  a  stone  monument,  erected  by  Andrew  Ellicott,  Esq.  in 
the  year  1817,  on  the  south  bank  or  shore  of  the  said  river  Iroquois,  or 
Cataraqui,  (now  called  the  St.  Lawrence,)  which  monument  bears  south 
74°  45'  west,  and  is  eighteen  hundred  and  forty  yards  distant  from  the 
stone  church  in  the  Indian  village  of  St.  Regis,  and  indicates  the  point 
at  which  the  45th  parallel  of  north  latitude  strikes  the  said  river  ; 
thence,  running  north  35°  45',  west  into  the  river,  on  a  line  at  right 
angles  with  the  southern  shore,  to  a  point  one  hundred  yards  south  of 
the  opposite  island,  called  Cornwall  Island;  thence,  turning  westerly, 
and  passing  around  the  southern  and  western  sides  of  said  island,  keep- 
ing 100  yards  distant  therefrom,  and  following  the  curvatures  of  its 
shores,  to  a  point  opposite  to  the  northwest  corner  or  angle  of  said 
island ;  thence,  to  and  along  the  middle  of  the  main  river,  until  it 
appi'oaches  the  eastern  extremity  of  Barnhart's  Island  ;  thence,  north- 
erly, along  the  channel  which  divides  the  last  mentioned  island  from 
the  Canada  shore,  keeping  one  hundred  yards  distant  from  the  island, 
until  it  approaches  Sheik's  Island  ;  thence,  along  the  middle  of  the 
strait  which  divides  Barnhart's  and  Sheik's  Islands,  to  the  channel 
called  the  Long  Sault,  which  separates  the  two  last  mentioned  islands 
from  the  lower  Long  Sault  Island;  thence,  westerly,  (crossing  the  center 
of  the  last  mentioned  channel,)  until  it  approaches  within  one  hundred 
yards  of  the  north  shore  of  the  Lower  Sault   Island ;  thence,  up  the 


Boundaries  of  the  State  of  New  York.  51 

north  branch  of  the  river,  keeping  to  the  north  of  and  near  the  Lower 
Sault  Island,  and  also  north  of  and  near  the  Upper  Sault  (sometimes 
called  Baxter's)  Island,  and  south  of  the  two  small  islands,  marked  on 
the  map  A  and  B,  to  the  western  extremity  of  the  Upper  Sault  or  Bax- 
ter's Island  ;  thence,  passing  between  the  two  islands  called  the  Cats,  to 
the  middle  of  the  river  above;  thence,  along  the  middle  of  the  river, 
keeping  to  the  north  of  the  small  islands  marked  C  and  D,  and  north, 
also,  of  Chrystler's  Island,  and  of  the  small  island  next  above  it,  marked 
E,  until  it  approaches  the  northeast  angle  of  Goose  Neck  Island;  thence, 
along  the  passage  which  divides  the  last  mentioned  island  from  the 
Canada  shore,  keeping  one  hundred  yards  from  the  island,  to  the  upper 
end  of  the  same;  thence,  south  of  and  near  the  two  small  islands  called 
the  Nut  Islands;  thence,  north  of  and  near  the  island  marked  F,  and 
also  of  the  island  called  Dry,  or  Smuggler's  Island;  thence,  passing 
between  the  islands  marked  G  and  H,  to  the  north  of  the  island  called 
Isle  au  Rapid  Plat;  thence,  along  the  north  side  of  the  last  mentioned 
island,  keeping  one  hundred  yards  from  the  shore,  to  the  upper  end 
thereof ;  thence  along  the  middle  of  the  river,  keeping  to  the  south 
of  and  near  the  islands  called  Cousson,  or  Tussiu,  and  Presque  Isle; 
thence,  up  the  river,  keeping  north  of  and  near  the  several  Gallop 
Isles,  numbered  on  the  map,  1,  2,  3,  4,  5,  6,  7,  8,  9  and  10,  and 
also  of  Tick,  Tibbet's  and  Chimney  Islands,  and  south  of  and  near 
the  Gallop  Isles,  numbered  11,  12  and  13,  and  also  of  Duck,  Drum- 
mond  and  Sheep  Islands ;  thence,  along  the  middle  of  the  river, 
passing  north  of  island  No.  14,  south  of  15  and  16,  north  of  17, 
south  of  18,  19,  20,  21,  22,  23,  24,  25  and  28,  and  north  of  26  and 
27 ;  thence,  along  the  middle  of  the  river,  north  of  Gull  Island, 
and  of  the  islands  No.  29,  32,  33,  34,  35,  Bluff  Island  and  No.  39,  44, 
and  45,  and  to  the  south  of  No.  30,  31,  36,  Grenadier  Island,  and  No.  37, 
38,  40,  41,  42,  43,  46,  47,  and  48,  until  it  approaches  the  east  end  of 
Wells'  Island ;  thence,  to  the  north  of  Wells'  Island,  and  along  the 
strait  which  divide  it  from  Rowe's  Island,  keeping  to  the  north  of  the 
small  islands  No.  51,  52,  54,  58,  59,  and  61,  and  to  the  south  of  the  small 
islands  numbered  and  marked  49,  50,  53,  55,  57,  60,  and  X,  until  it 
approaches  the  northeast  point  of  Grindstone  Island ;  thence,  to  the 
north  of  Grindstone  Island,  and  keeping  to  the  north,  also,  of  the  small 
islands  No.  63,  65,  67,  68,  70,  72,  73,  74,  75,  76,  77,  and  78,  and  to  the 
south  of  No.  62,  64,  66,  69  and  71,  until  it  approaches  the  southern 
point  of  Hickory  Island  ;  thence,  passing  to  the  south  of  Hickory  Island, 
and  of  the  two  small  islands  lying  near  its  southern  extaemity,  num- 
bered 79  and  80  ;  thence,  to  the  south  of  Grand,  or  Long  Island,  keep- 
ing near  its  southern  shore,  and  passing  to  the  north  of  Carlton  Island, 
until  it  arrives  opposite  to  the  southwestern  point  of  said  Grand  Island, 


52  Copies  of  Documents  Relating  to  the 

in  Lake  Ontario  ;  thence,  passing  to  the  north  of  Grenadier,  Fox,  Stoney, 
and  the  Gallop  Islands,  in  Lake  Ontario,  and  to  the  south  of  and  near 
the  islands  called  the  Ducks,  to  the  middle  of  said  lake  ;  thence,  west- 
erly, along  the  middle  of  said  lake,  to  a  point  opposite  to  the  mouth  of 
the  Niagara  river ;  thence,  to  and  up  the  middle  of  the  said  river  to 
the  Great  Falls;  thence,  up  the  falls,  through  the  point  of  the  Horse 
Shoe,  keeping  to  the  west  of  Iris,  or  Goat  Island,  and  of  the  group  of 
islands  at  its  head,  and  following  the  bends  of  the  river  so  as  to  enter 
the  strait  between  Navy  and  Grand  Islands ;  thence,  along  the  middle 
of  said  strait,  to  the  head  of  Navy  Island  ;  thence,  to  the  west  and 
south  of,  and  near  to,  Grand  and  Beaver  Islands,  and  to  the  west  of 
Strawberry,  Squaw,  and  Bird  Islands,  to  Lake  Erie;  thence,  southerly 
and  westerly,  along  the  middle  of  Lake  Erie,  in  a  direction  to  enter  the 
passage  immediately  south  of  Middle  Island,  being  one  of  the  eastern- 
most of  the  groupe  of  islands  lying  in  the  western  part  of  said  lake. 
*  *  *  * 

In  faith  whereof,  we,  the  Commissioners  aforesaid,  have  signed  this 
declaration,  and  thereunto  affixed  our  seals.  [June  18,  1822.] 

PETER  B.  PORTER,     [l.  s.] 
ANTH.  BARCLAY,        [l.  s.] 

— [U.  S.  State  Papers,  2d  Sess.,  17th  Cong.,  vi,  No.  91. 

A  Treaty 

To   settle   and   define   the   boundaries   between  the  territories  of    the 

United  States  and  the  possessions  of  Her  Britannic  Majesty  in  North 

America;     *  *  Aug.  9,  1842. 

*  *  *  * 

Article  VI. 
It  is  furthermore  understood  and  agreed,  that  for  the  purpose  of  run- 
ning and  tracing  those  parts  of  the  line  between  the  source  of  the  St 
Croix  and  the  St  Lawrence  river  which  will  require  to  be  run  and  ascer- 
tained, and  for  marking  the  residue  of  said  line  by  proper  Monuments 
on  the  land,  two  Commissioners  shall  be  appointed  one  by  the  Presi- 
dent of  the  United  States,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  one  by  Her  Britannic  Majesty  :  *  *  and  the  said 
Commissioners  shall  make  to  each  of  their  respective  Governments  a 
joint  report  or  declaration,  under  their  hands  and  seals,  designating  such 
line  of  boundary,  and  shall  accompany  such  report  or  declaration  with 
maps,  certified  by  them  to  be  true  maps  of  the  new  boundary. 
— [U.  S.  Statutes  at  Large,  viii,  572,  575. 


Boundaries  of  the  State  of  New  York.  58 

[Correspondence.] 

Department  op  State, 

Washington,  Nov.  llth,  1874. 
D.  J.  Pratt,  Esq", 

Assistant  Secretary, 

University  of  the  State  of  New  York,  Albany. 
Sir: 

I  have  to  acknowledge  the  receipt  of  your  letter  of  the  23d  ultimo, 
and  in  reply  to  inform  you  that  the  Report  of  the  United  States  Com- 
missioner, Albert  Smith,  appointed  to  carry  into  effect  the  6th  Article 
of  the  Treaty  with  Great  Britain  of  1842,  is  to  be  found  in  print  in 
House  Doc.  No.  169,  28th  Congress,  1st  Session,  under  date  January 
23d,  1844.     It  was  read  and  laid  on  table  March  9,  1844  ; 

That  the  Joint  Report  of  the  Commissioners  appears  in  Senate  Exe- 
cutive Doc.  No.  71,  30th  Congress,  1st  Session. 

That  the  details  and  data  upon  which  the  maps  were  based,  are  not 
published  ;  and  that  the  original  notes  were  burnt  with  the  uncompleted 
maps  while  Col.  Graham  was  preparing  them,  but  were  replaced  from 
the  British  notes,  and  the  maps  were  then  reconstructed. 

I  am,  Sir,  Your  obedient  servant, 

HAMILTON  FISH. 

[In  U.  S.  Senate.] 

Saturday,  July  29,  1848. 

*  *  *  * 

Resolved,  That  the  Secretary  of  State  be  requested  to  send  to  the 
Senate  a  copy  of  the  joint  report  of  the  commissioners  under  the  treaty 
of  Washington,  of  August  9,  1842,  together  with  a  copy  of  the  report 
of   the  American   commissioner,   transmitting   the  same  to  the  State 

Department. 

*  *  *  * 

30th  Congress,  [SENATE.]  Executive, 

1st  Session.  No.  71. 

REPORT 

or  THE 

SECRETARY    OF    STATE, 

TRANSMITTING 

In  compliance  with  a  resolution  op  the  Senate,  reports  of  the 
commissioners  under  the  treaty  op  Washington,  op  August 
9,  1842. 

To  the  Senate  of  the   United  States: 

The  Secretary  of  State  has  the  honor  to  transmit  to  the  Senate,  in 
compliance  with  a  resolution  adopted  by  it  on  the  29th  ultimo,  "  a  copy 


54  Copies  ob  Documents  Relating  to  the 

of  the  joint  report  of  the  commissioners  under  the  treaty  of  Washing- 
ton,  of  August  9,  1842,  together  with  a  copy  of  the  report  of  the 
American  commissioner,  transmitting  the  same  to  the  State  Depart- 
ment." 

JAMES  BUCHANAN. 
Department  of  State, 

Washington,  August  3,  1848. 


Mr.  Smith  to  Mr.  Buchanan. 

Washington,  April  20,  1848. 

Sib  :  In  presenting  to  you  the  joint  report  of  the  commissioners, 
appointed  under  the  treaty  of  Washington,  of  August  9,  1842,  to  survey 
and  mark  the  line  of  boundary  between  the  United  States  and  the 
British  provinces,  which  I  have  the  honor  herewith,  most  respectfully, 
to  submit,  I  have  to  perform  the  painful  duty  of  informing  you  that  the 
maps  of  that  line,  and  of  the  adjacent  country,  which  had  been  elabo- 
rately constructed  by  the  scientific  corps  on  the  part  of  the  United 
States,  and  contained  upon  one  hundred  sheets  of  drawing  paper,  of  the 
largest  size,  together  with  the  tables  of  the  survey,  have  been  destroyed 
by  the  conflagration  of  the  building  in  which  they  were  contained. 
This  house  had  been  occupied  by  Major  James  D.  Graham,  the  head  of 
the  scientific  corps,  and  principal  astronomer  of  the  American  commis- 
sion, as  his  office,  until  his  departure  for  Mexico.  All  the  maps,  draw- 
ings, and  tables  had  been  completed  and  duly  authenticated  by  the 
joint  commissioners,  and  were  ready  to  be  deposited  with  their  joint 
report  under  their  hands  and  seals,  in  the  archives  of  this  government. 
Of  this,  I  had  the  honor  to  inform  you  in  my  letter  of  the  24th  ultimo. 

I  can  hardly  express  the  pain  which  this  unfortunate  event  has  occa- 
sioned me.  But  I  cannot  perceive  that  any  imputation  of  blame  can 
properly  be  attached  to  any  officer  of  the  commission.  The  care  and 
custody  of  all  the  work  of  the  United  States  scientific  corps  were 
properly  placed  in  charge  of  Major  Graham,  as  the  head  of  that  corps, 
who  had  had  the  immediate  direction  and  superintendence  of  it  from 
the  first  organization  of  the  commission.  He  required  the  maps  and 
tables  at  his  office,  for  reference  and  revision  in  the  progress  of  the 
astronomical  work.  Upon  his  departure  for  Mexico,  he  placed  Lieu- 
tenant A.  W.  Whipple  in  his  rooms,  with  an  injunction  to  guard,  with 
the  utmost  care,  the  valuable  property  of  the  commission.  On  the  day 
after  he  left  the  city,  and  when,  for  the  first  time,  informed  of  the  fact, 
I  called  upon  Lieutenant  Whipple,  and  requested  him  to  have  all  the 
maps,  drawings,  and  tables  ready  to  be  turned  over  to  the  State  Depart- 


Boundaries  of  the  State  of  New  York.  55 

ment  on  the  following  day.  On  the  24th  ultimo,  I  acquainted  you  with 
that  fact. 

No  censure  can  possibly  be  attributed  to  Lieutenant  Whipple,  whose 
great  care  and  attention  to  all  his  duties,  have  been,  on  all  occasions, 
highly  distinguished.  He  escaped  from  the  fire  with  scarcely  an  article 
of  his  dress,  and  his  loss  in  money  and  clothing  is  at  least  one  thousand 
dollars.  Major  Graham  has  lost  his  valuable  library,  together  with 
personal  effects  to  a  large  amount.  The  fire  was  communicated  from 
the  basement  of  the  house,  and  by  no  effort  could  any  thing  be  saved. 

There  are  tracings  of  the  maps  upon  "tissue  paper,"  without  the 
topography,  in  the  State  of  Maine,  but  they  are  not  signed  by  the  com- 
missioners. 

The  field  books  of  the  engineers  were,  fortunately,  not  in  Major  Gra- 
ham's office,  and  are  preserved. 

Duplicates  of  the  maps,  duly  authenticated,  have  been  placed  in  the 
British  archives  at  London,  which,  although  they  have  not  the  topogra- 
phy of  the  country  so  fully  laid  down  upon  them  as  it  was  upon  our 
own,  represent  with  equal  exactness  the  survey  of  the  boundary  itself. 
Should  it  be  deemed  expedient  by  this  government  to  procure  copies  of 
them,  access  to  those  archives  for  that  purpose  would,  undoubtedly,  be 
permitted,  and  the  object  accomplished  at  small  expense ;  and  when 
completed,  these  copies  could  be  authenticated  by  the  joint  commis- 
sioners, in  accordance  with  the  provisions  of  the  treaty. 

I  have  the  honor  to  be,  with  great  respect,  your  obedient  and  humble 

servant, 

ALBERT  SMITH. 

— [XT.  S.  Senate  Docs.,  1848,  v.  8,  No.  71. 

Report  of  the  joint  commission  of  boundary,  appointed  under  the  treaty 
of  Washington,  of  August  9,  1842. 

The  undersigned,  commissioners  appointed  under  the  treaty  of  Wash- 
ington, to  trace  and  mark  the  boundary,  as  directed  by  that  treaty, 
between  the  British  possessions  in  North  America  and  the  United  States; 
that  is  to  say,  James  Bucknall  Bucknall  Estcourt,  lieutenant  colonel  in  the 
British  army,  appointed  commissioner  by  her  Britannic  Majesty,  and 
Albert  Smith,  appointed  commissioner  by  the  President  of  the  United 
States,  having  accomplished  the  duty  assigned  to  them,  do  now,  in 
accordance  with  the  directions  of  the  said  treaty,  submit  the  following 
report  and  the  accompanying  maps,  jointly  signed,  to  their  respective 
governments. 

In  obedience  to  the  terms  of  the  treaty,  they  met  at  Bangor  in  the 
State  of  Maine,  on  the  1st  day  of  May,  1843,  where  they  produced  and 
verified  the  authority  under  which  they  each  were  respectively  to  act. 


56  Copies  of  Documents  Relating  to  the 

They  then  adjourned,  because  the  weather  was  not  sufficiently  open  to 
take  the  field,  to  the  first  of  the  following  month,  June,  and  agreed  to 
meet  again  at  that  time  at  Houlton. 

Accordingly,  they  did  meet  at  that  place  and  began  their  operations. 

It  may  be  desirable  to  state,  at  the  outset,  that,  for  the  sake  of  con- 
venience, the  whole  line  of  boundary  marked  by  the  undersigned  has 
been  divided,  in  the  mention  made  of  the  different  portions,  into  the 
following  grand  divisions,  viz  : 

North  line,  from  the  source  of  the  St.  Croix  to  the  intersection  of  the 
St.  John. 

River  St.  John,  from  the  intersection  of  the  north  line  to  the  mouth 
of  the  St.  Francis. 

River  St.  Francis,  from  its  mouth  to  the  outlet  of  Lake  Pohenagamook. 

Southwest  line,  from  the  outlet  of  Lake  Pohenagamook  to  the  north- 
west branch  of  the  St.  John. 

South  line,  from  the  northwest  branch  to  the  parallel  of  latitude 
46°  25'  on  the  southwest  branch. 

Southwest  branch,  from  the  parallel  46°  25'  to  its  source. 

Highlands,  from  the  source  of  the  southwest  branch  of  the  St.  John 
to  the  source  of  Hall'  stream. 

Hall's  stream,  from  its  source  to  the  intersection  of  the  line  of  Valen- 
tine and  Collins. 

West  line,  from  Hall's  stream  to  the  St.  Lawrence,  near  St.  Regis, 
along  the  line  of  Valentine  and  Collins. 

To  return  to  the  narrative  of  operations  : 

The  exploring  line  of  Colonel  Bouchette  and  Mr.  Johnson,  as  directed 
by  the  treaty,  was  traced  from  the  monument  at  the  source  of  the  St. 
Croix  to  the  intersection  of  the  St.  John. 

The  monument  found  at  the  source  of  the  St.  Croix,  as  described  in 
the  report  of  Colonel  Bouchette  and  Mr.  Johnson,  and  the  course  of 
their  exploring  line,  was  traced  by  blazes  or  marks  upon  the  trees. 

An  old  line,  cut  out  by  the  assistant  surveyors  of  Colonel  Bouchette  and 
Mr.  Johnson,  was  also  found,  which  terminated  about  half  a  mile  north 
of  the  south  branch  of  the  Meduxnekeag,  where,  by  records  to  which 
the  undersigned  referred,  they  ascertained  that  it  had  been  abandoned, 
because  of  its  deviation  from  the  exploring  line  of  Colonel  Bouchette 
and  Mr.  Johnson. 

After  the  exploration  and  re-marking  of  the  north  line,  it  was  cut  out 
thirty  feet  wide.  The  same  was  afterwards  done  in  all  parts  where  the 
boundary  passed  through  woodland.  After  thus  opening  the  north  line, 
it  was  surveyed ;  and  iron  posts  were  erected  at  intervals  to  mark  it. 

The  general  bearing  of  the  line  was  rather  to  the  west  of  the  meri- 
dian of  the  monument  at  the  source  of  the  St.  Croix.     The  precise  line 


Boundaries  of  the  State  of  New  York.  57 

laid  down  by  the  undersigned  was  determined  by  successive  courses,  of 
which  each  was  made  to  be  as  long  as  was  convenient,  provided  it  did 
not  pass  out  of  the  opening  of  thirty  feet. 

At  each  angle  of  deflection  an  iron  monument  was  erected,  and  placed 
anglewise  with  the  line.  Other  monuments  were  erected  at  the  crossing 
of  roads,  rivers,  and  at  every  mile,  commencing  from  the  source  of  the 
St.  Croix.  Those  which  were  not  intended  to  mark  angles  of  deflection 
were  placed  square  with  the  line. 

At  the  intersection  of  the  St.  John  by  the  north  line,  the  river  is  deep 
and  broad.  The  boundary  runs  up  the  middle  channel  of  the  river,  as 
indicated  by  the  maps,  dividing  the  islands  as  follows  : 

Ryan's  island United  States. 

King's  island United  States. 

Des  Trois  isles United  States. 

La  Septieme  isle United  States 

Quissibis Great  Britain. 

La  Grand  isle United  States. 

7.  Thibideau's  islands   United  States. 

Madawaska  islands Great  Britain. 

9.  Joseph  Michaud's  three  islands United  States. 

Pine  island Great  Britain. 

Baker's 1 

Turtle 

Dagle's  >  islands Great  Britain. 

Fourth 

Fifth 

No.  12.  Kennedy's  island Great  Britain. 

No.  13.  Crock's         "| 

Cranberry    )■  islands Great  Britain. 

Gooseberry  J 

No.  14.  Savage's  island United  States. 

No.  15.  Wheelock's  island United  States. 

No.  1 6.  Caton's  island    United  States. 

No.  17.  Honeywell's  island United  States. 

No.  18.  Savage  and  Johnson's  island United  States. 

No.  19.  Grew's  island United  States. 

No.  20.  Kendall's  island Great  Britain. 

The  islands  were  distributed  to  Great  Britain  or  to  the  United  States, 
as  they  were  found  to  be  on  the  right  or  left  of  the  deep  channel. 
There  was  but  one  doubtful  case,  La  Septieme  isle,  and  that  was  appor- 
tioned to  the  United  States,  because  the  majority  of  the  owners  were 
ascertained  to  reside  on  the  United  States  side  of  the  river. 


No. 

1. 

No. 

2. 

No. 

3. 

No. 

4. 

No. 

5. 

No. 

6. 

No. 

1. 

No. 

8. 

No. 

9. 

No. 

10. 

No. 

11. 

58  Copies  of  Documents  Relating  to  the 

Monuments  were  erected  upon  the  islands,  marking  them  for  Great 
Britain  or  the  United  States,  as  the  case  may  have  been. 

After  leaving  the  St.  John,  the  boundary  enters  the  St.  Francis,  divid- 
ing the  islands  at  the  mouth  of  that  river  in  the  manner  shown  in  the 
maps.  It  then  runs  up  the  St.  Francis,  through  the  middle  of  the  lakes 
upon  it,  to  the  outlet  of  Lake  Pohenagamook,  the  third  large  lake  from 
the  mouth  of  the  river.  At  the  outlet,  a  large  monument  has  been 
erected. 

In  order  to  determine  the  point  on  the  northwest  branch  to  which 
the  treaty  directed  that  a  straight  line  should  be  run  from  the  outlet  of 
Lake  Pohenagamook,  a  survey  of  that  stream  was  made,  and  also  of 
the  main  St.  John,  in  the  neighborhood  of  the  mouth  of  the  northwest 
branch;  and  a  line  was  cut  between  the  St.  John  and  the  point  on  the 
northwest  branch,  ascertained  by  the  survey  to  be  ten  miles  in  the 
nearest  direction  from  it,  and  the  distance  was  afterwards  verified  by 
chaining. 

It  was  ascertained,  also,  in  accordance  with  the  provisions  of  the 
treaty,  by  a  triangulation  of  the  country  towards  the  Highlands  dividing 
the  waters  of  the  St.  Lawrence  and  of  the  St.  John,  that  more  than 
seven  miles  intervened  between  the  point  selected  on  the  northwest 
branch  and  the  crest  of  the  dividing  ridge.  A  large  iron  monument 
was  afterwards  erected  on  the  point  thus  selected,  and  the  space  around 
was  cleared  and  sown  with  grass-seed.  It  is  a  short  distance  below  the 
outlet  of  Lake  Ishaganalshegeck. 

The  outlet  of  Lake  Pohenagamook  and  the  point  on  the  northwest 
branch,  designated  by  the  treaty,  having  been  thus  ascertained  and 
marked,  in  the  spring  of  1844,  a  straight  line  was  run  between  them. 
Along  that  line,  which  passes  entirely  through  forest,  monuments  were 
erected  at  every  mile,  at  the  crossings  of  the  principal  streams  and  rivers, 
and  at  the  tops  of  those  hills  where  a  transit  instrument  had  been  set 
up  to  test  the  straightness  of  the  line. 

As  soon  as  the  parallel  of  latitude  46°  26'  had  been  determined  on 
the  southwest  branch,  in  the  early  part  of  the  summer  of  1844,  a 
straight  line  was  drawn  from  the  boundary  point  on  the  northwest 
branch  to  a  large  monument  erected  on  the  left  bank  of  the  southwest 
branch,  where  it  is  intersected  by  the  parallel  of  latitude  46°  25'.  The 
line  so  drawn  crosses  the  southwest  branch  once  before  it  reaches  the 
parallel  of  latitude  46°  25',  and  at  about  half  a  mile  distance  from  that 
parallel.  There,  also,  a  large  monument  had  been  set  up  on  the  left 
bank. 

From  the  intersection  of  the  parallel  46°  25',  the  boundary  ascends 
the  southwest  branch,  passes  through  a  lake  near  its  head,  and  so  up  a 
email  stream  which  falls  into  the  lake  from  the  west,  to  the  source  of 


Boundaries  of  the  State  of  New  York.  59 

that  stream,  which  has  been  selected  as  the  source  of  the  southwest 
branch. 

On  the  southwest  branch  there  are  two  principal  forks,  at  each  of  which 
two  monuments  have  been  erected;  one  on  each  bank  of  the  river,  imme- 
diately above  the  forks,  and  upon  the  branch  established  as  the  boundary. 
The  maps  point  out  their  positions.  At  the  mouth  of  the  small  stream 
selected  as  the  source  of  the  southwest  branch,  a  monument  has  been 
erected  upon  a  delta  formed  by  two  small  outlets.  Above  these  outlets 
three  other  monuments  have  been  placed,  at  intervals,  upon  the  same 
stream. 

Upon  the  crest  of  the  dividing  ridge,  very  close  to  the  source  of  the 
southwest  branch,  a  monument  has  been  erected.  It  is  the  first  point 
in  the  Highlands,  and  from  it  the  boundary  runs  along  the  crest,  in  a 
southerly  direction,  passing  near  the  southeastern  shore  of  the  Portage 
lake,  and  so  on  to  a  large  monument  erected  on  a  small  eminence  on 
the  east  side  of  the  Kenebec  road.  Thence  it  passes  through  a  dwell- 
ing-house called  Tachereau's,  which  was  standing  there  at  the  time  the 
line  was  run;  so,  by  a  tortuous  course,  it  runs  to  the  top  of  the  Sandy 
Stream  mountain;  thence,  inclining  to  the  southwest,  it  runs  over  Hog's 
Back  the  first,  as  shown  in  the  map;  thence  towards  Hog's  Back  the 
second,  which  it  leaves  on  the  north  side.  Further  on,  at  the  head  of 
Leech  lake,  there  is  a  stream  which  divides  its  waters  and  flows  both 
into  Canada  and  into  the  United  States.  The  boundary  has  been  made 
to  run  up  that  stream  a  short  distance  from  the  fork,  where  the  waters 
divide  to  a  second  fork;  thence  between  the  streams  which  unite  to 
form  that  fork,  and  then  to  ascend  again  the  dividing  ridge.  A  monu- 
ment has  been  erected  at  the  fork  first  mentioned,  where  the  waters 
divide. 

As  the  boundary  approaches  the  valley  of  Spider  river,  it  bends  to 
the  southeast,  and,  by  a  wide  circuit  over  high  and  steep  hills,  it  turns 
the  head  of  Spider  river;  thence  it  bends  to  the  northwest,  until  it 
approaches  within  about  four  miles  of  Lake  Megantic;  thence  it  turns 
again  south,  having  the  valley  of  Arnold's  river  on  the  right,  and  of 
Dead  river  on  the  left.  It  leaves  Gasford  Mountain  in  Canada,  threads 
its  way  over  very  high  ground  between  the  head  of  Arnold's  river  and 
the  tributaries  of  the  Magalloway;  inclines  thence  to  the  north,  to  the 
west,  over  very  rocky,  mountainous,  and  difficult  country,  leaving 
Gipp's  Peak  in  the  United  States,  and  turns,  by  a  sharp  angle  at  Saddle 
Back,  to  the  south.  After  that  it  again  inclines  to  the  west,  and  then 
to  the  south,  and  again  to  the  west,  and  passes  the  head  of  the  Connec- 
ticut. About  three  miles  and  a  half  east  of  the  head  of  the  Connecticut, 
there  is  a  division  of  waters  similar  to  that  described  near  Leech  lake. 
The  boundary  runs  down  a  stream   from  near  its  source  to  the  fork 


60  Copies  of  Documents  Relating  to  the 

where  it  divides,  and  then  again  follows  the  dividing  ridge.  The  spot 
is  noted  on  the  map. 

After  the  boundary  has  passed  the  head  of  the  Connecticut,  it  runs 
to  the  northwest,  descending  into  very  low,  swampy  ground,  between 
the  heads  of  Indian  stream  and  the  tributaries  of  the  St.  Francis.  Thus 
it  passes  on,  bending  again  to  the  south  of  west,  over  a  high  hill,  to  the 
source  of  Hall's  stream. 

Iron  monuments  have  been  erected  at  intervals  along  the  Highlands, 
from  the  source  of  the  southwest  branch  of  the  St.  John  to  the  source 
of  Hall's  stream;  the  position  of  each  of  which  is  shown  upon  the 
maps. 

From  the  source  of  Hall's  stream  the  boundary  descends  that  river, 
dividing  the  islands,  which  are,  however,  merely  unimportant  alluvial 
deposits,  in  the  manner  indicated  by  the  maps,  until  it  reaches  the  inter- 
section of  that  stream  by  the  line  formerly  run  by  Valentine  and  Col- 
lins as  the  45°  of  north  latitude. 

At  that  point  a  large  monument  has  been  erected  on  the  right,  and  a 
small  one  on  the  left  bank  of  the  stream.  Monuments  have  also  been 
erected  along  the  bank  of  this  stream,  as  indicated  on  the  maps. 

The  line  of  Valentine  and  Collins  was  explored  and  found  by  the 
blazes  still  remaining  in  the  original  forest. 

Upon  cutting  into  those  blazes,  it  was  seen,  that,  deep  seated  in  the 
tree,  there  was  a  scar;  the  surface  of  the  original  blaze  slightly  decayed; 
and,  upon  counting  the  rings,  (which  indicate  each  year's  growth  of  the 
tree,)  it  waj3  found  that  the  blazes  dated  back  to  1772-'3  and  '4.  The 
line  of  Valentine  and  Collins  was  run  in  1*7  71  ,-'2, -'3,  and  4.  The  coin- 
cidence of  the  dates  of  the  blazes  with  those  of  the  above  line,  con- 
firmed by  the  testimony  of  the  people  of  the  country,  satisfied  the 
undersigned  that  the  line  they  had  found  was  that  mentioned  in  the 
treaty.  Along  this  portion  of  the  boundary,  which  is  known  as  the 
45th°  of  Valentine  and  Collins,  and  which  extends  from  Hall's  stream 
to  St.  Regis,  there  are  several  interruptions  to  the  blazes,  in  those  parts 
where  clearings  have  been  made;  and  there  the  authentic  marks  of 
the  precise  situation  of  the  old  line  have  been  lost.  In  those  cases,  the 
undersigned  have  drawn  the  boundary  line  straight  from  the  original 
blazes  on  the  one  side  of  a  clearing  to  the  original  blazes  on  the  other 
side  of  the  same  clearing. 

It  cannot  be  positively  stated  that  the  line,  as  it  has  been  traced 
through  those  clearings,  precisely  coincides  with  the  old  line;  but  the 
undersigned  believe  that  it  does  not  differ  materially  from  it;  nor  have 
they  had  the  means  of  determining  a  nearer  or  a  surer  approximation. 

Along  this  line,  at  every  point  of  deflection,  an  iron  monument  has 
been  erected;  also,  at  the  crossing  of  rivers,  lakes  and  roads.     Those 


Boundaries  of  the  State  of  New  York.  (31 

which  mark  deflections  are  placed,  as  on  the  "  north  line,"  anglewise 
with  the  line;  all  the  others  are  placed  square  with  it.  The  maps  show 
the  position  of  each. 

On  the  eastern  shore  of  Lake  Memphremagog,  an  astronomical  station 
was  established;  and,  on  a  large  flat  rock  of  granite,  which  happened 
to  lie  between  the  astronomical  station  and  the  boundai'y,  was  cut  the 
following  inscription: 

British  Boundary   Commission. 
Capt.  Robinson. 
Astronomical  Station* 
422  feet  north. 

Meridian  line. 


Boundary  line 

595  feet  south. 

August,  1845. 

A  mark  was  cut  upon  the  stone,  as  indicated  by  the  dot  upon  the 
meridian  line  above,  from  which  these  measurements  were  made. 

At  Rouse's  Point,  a  monument  of  wrought  stone  was  set  up,  at  the  inter- 
section of  the  boundary  by  the  meridian  of  the  transit  instrument  used 
there  by  Major  Graham;  and  an  inscription  was  cut  upon  it,  stating  the 
latitude  and  longitude,  the  name  of  the  observer  and  his  assistant,  the 
names  of  the  commissioners,  and  the  territories  divided. 

To  mark  the  positions  of  the  instruments  used  at  the  following  astro- 
nomical stations  along  the  west  line,  two  monuments,  within  a  few  feet 
of  each  other,  have  been  erected  at  each  station,  and  they  have  been 
placed  on  the  boundary  line  due  north  or  south  of  the  instrument,  as 
the  case  may  have  been. 

The  stations  are  — 
Lake  Memphremagog, 
Rich  ford, 
John  McCoy's, 
Trout  river. 

The  boundary  along  the  west  line,  though  very  far  from  being  a 
straight  line,  is  generally  about  half  a  mile  north  of  the  true  parallel  of 
latitude  45°,  from  Hall's  stream  to  Rouse's  Point.  At  about  twenty- 
eight  miles  west  of  Rouse's  Point  it,  however,  crosses  that  parallel  to 
the  south,  until  it  reaches  Chateaugay  river,  where  it  bends  northwards, 
and,  crossing  the  parallel  again,  about  four  miles  east  of  St.  Regis,  it 
strikes  the  St.  Lawrence  one  hundred  and  fifty-one  feet  north  of  45°. 
At  that  point,  a  large  monument  has  been  erected,  on  the  bank  of  the 


62  Copies  of  Documents  Relating  to  the 

St.  Lawrence.  Two  large  monuments  have  also  been  erected  —  one  on 
either  side  of  the  river  Richelieu,  near  Rouse's  Point. 

No  marks  of  the  old  line  were  to  be  found  about  St.  Regis.  It  was, 
therefore,  agreed  to  run  a  line  due  west  from  the  last  blaze  which  should 
be  found  in  the  woods,  on  the  east  side  of  St.  Regis.  That  blaze  occur- 
red about  one  mile  east  of  the  St.  Regis  river. 

The  maps,  which  exhibit  the  boundary  on  a  scale  of  four  inches  to 
one  statute  mile,  consist  of  sixty-two  consecutive  sheets  of  antiquarian 
paper,  as  constructed  by  the  British,  and  of  sixty-one,  as  constructed 
by  the  American  commission.  A  general  map  has  also  been  constructed 
on  a  scale  of  eight  miles  to  one  inch,  by  the  British,  and  of  ten  miles  to 
one  inch  by  the  American  commission,  upon  which  the  before  mentioned 
sheets  are  represented. 

The  following  portions  of  the  boundary  have  been  laid  down  by  the 
British  commission,  on  detached  maps,  on  a  scale  of  twelve  inches  to 
one  mile,  which  have  been  signed  by  both  commissioners: 

Grand  falls  of  the  St.  John,  including  the  intersection  of  that  river  by 
the  north  line. 

Islands  of  the  St.  John. 

The  outlet  of  Lake  Pohenagamook. 

The  turning  point  of  the  boundary  on  the  northwest  branch  of  the 
St.  John. 

The  intersection  of  the  southwest  branch  by  the  parallel  of  latitude 
46°  25'. 

The  source  of  the  southwest  branch. 

The  source  of  Hall's  stream. 

The  intersection  of  Hall's  stream  by  the  west  line. 

Rouse's  Point. 

St.  Regis. 

Derby. 

But  similar  maps  have  not  been  prepared  by  the  American  commis- 
sion, because,  during  the  interval  between  the  finishing  of  the  maps  of 
the  British  commission  and  those  of  the  American,  it  was  thought  that 
the  maps  already  constructed,  upon  a  scale  of  four  inches  to  one  mile, 
represented  the  boundary  with  sufficient  clearness  and  accuracy. 

The  astronomical  observations  were  begun  at  the  Grand  Falls,  early 
in  June,  1843,  and  were  carried  up  the  St.  John  river  to  the  northwest 
branch  by  a  chain  of  stations,  which,  together  with  the  results  obtained, 
are  tabulated  in  the  appendix  accompanying  this  report. 

From  the  valley  of  the  St.  John,  an  astronomical  connection  was  made 
with  Quebec,  and  thence  to  Montreal,  and  so  to  Rouse's  point.  From 
Rouse's  point,  a  connection  was  obtained  with  Cambridge  University," 
near  Boston. 


Boundaries  of  the  State  of  New  Yore.  63 

The  astronomical  stations  on  the  west  line  were  — 

Intersection  of  Hall's  stream  by  the  west  line, 

Lake  Memphremagog, 

Rich ford, 

Rouse's  Point, 

John  McCoy's, 

Trout  river, 

St.  Regis. 

Latitude  was  also  obtained  at  an  astronomical  station,  established  for 
the  purpose,  at  the  head  of  the  Connecticut. 

Volumes  containing  the  astronomical  observations  of  both  commis- 
sioners are  herewith  submitted.  From  them,  it  will  bo  observed,  that 
the  results  for  absolute  longitude,  obtained  by  the  British  and  American 
astronomers,  do  not  agree.  It  being  a  difference  in  no  way  affecting 
the  survey  of  the  boundary  line,  the  undersigned  do  not  feel  called  upon 
to  attempt  to  reconcile  it.  The  data  upon  which  these  results  are  based, 
may  be  seen  in  the  volumes  of  observations  accompanying  this  report. 

In  the  appendix  will  be  found,  in  a  tabular  form,  the  following: 

An  abstract  of  the  survey  of  the  boundary  along  the  north  line. 

Do.               do.           do.             do.  S.  W.  line. 

Do.               do.           do.            do.  South  line. 

Do.               do.           do.            do.  Highlands. 

Do.               do.           do.            do.  west     line. 

The  position  of  the  monuments  erected  on  the  southwest  branch  of 
the  St.  John,  and  on  Hall's  stream. 

The  distribution  of  the  islands  of  the  St.  John,  and  the  monuments 
on  them. 

The  guide  lines  and  offsets  run  by  each  commission  for  the  survey  of 
the  Highlands. 

The  azimuths  of  verification  for  the  survey  of  the  Highlands. 

The  latitudes  and  longitudes  obtained  from  the  astronomical  observa- 
tions. 

The  comparative  longitudes  obtained,  and  the  methods  used  for  the 
purpose. 

Upon  comparing  the  maps  of  the  two  commissions,  it  will  be  seen 
that  the  American  commission  numbers  two  monuments  more  than  the 
British.  Those  ai*e  to  be  found,  one  on  the  "Fourth  island,"  in  the 
River  St.  John,  and  the  other  on  the  Highlands,  between  the  source  of 
the  S.  W.  branch  of  the  river  St.  John  and  the  Kennebec  road. 

On  the  maps  of  the  British  commission,  representing  the  "  West  line," 
the  name  of  the  town  of  "  Derby  "  has  been  improperly  placed  north  of 
the  line,  instead  of  south  of  it.     Also,  on  the  same  maps,  the  direction  of 


64  Copies  of  Documents  Relating  to  the 

Salmon  river,  near  the  western  extremity  of  the  "West  line,"  has  been 
incorrectly  laid  down  from  the  boundary  line  northwards.  A  direction 
has  been  given  to  it  northeasterly,  instead  of  northwesterly. 

The  above  two  corrections  the  British  commissioner  is  authorized  to 
make  on  his  maps,  after  his  return  to  England. 

To  avoid  unnecessary  delay  in  making  their  joint  report,  the  under- 
signed have  attached  their  signatures  to  the  maps,  although  the  letter- 
ing of  some  of  the  astronomical  stations  upon  the  maps  of  the  American 
commission,  as  well  as  the  alterations  before  mentioned  in  the  maps  of 
the  British  commission,  are  yet  to  be  made.  But  in  the  maps  of  both, 
the  boundary  has  been  laid  down  accurately  and  definitively;  and  the 
undersigned  engage  that  it  shall  not  be  altered  in  any  respect. 

In  conclusion,  the  undersigned  have  the  honor  to  report,  that  the  line 
of  boundary  described  in  the  foregoing  statement  has  been  run,  marked, 
and  surveyed,  and  the  accompanying  maps  faithfully  constructed  from 
the  survey.1 

The  undersigned  take  leave  to  add,  that  the  most  perfect  harmony 
has  subsisted  between  the  two  commissions,  from  first  to  last,  and  that 
no  differences  have  arisen  between  the  undersigned  in  the  execution  of 
the  duties  entrusted  to  them. 

Signed  and  sealed  in  duplicate,  at  the  city  of  Washington,  this  twenty- 
eighth  day  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-seven. 

J.  B.  BUCKNALL  ESTCOURT,  Lt.  Col.  [seal.] 

H.  B.  M.  Commissioner. 
ALBERT  SMITH,  [seal.] 

United  States  Commissioner. 

Note. —  The  astronomical  computations  of  the  American  commission 
not  being  completed,  and  it  being  unnecessary  to  defer  the  signing  of 
the  report  on  that  account,  the  American  commissioner  engages  to  trans- 
mit them,  with  any  other  papers  or  tables  not  yet  finished,  as  soon  as 
they  shall  be  so,  to  the  British  commissioner,  through  the  American 
minister  resident  in  London,  to  whom,  upon  delivery  of  the  documents, 
the  British  commissioner  will  give  a  receipt,  to  be  transmitted  to  the 
American  commissioner.2 

J.  B.  BUCKNALL  ESTCOURT,  Lt.  Col.  [seal.] 

H.  B.  M.  Commissioner  of  Boundary. 
ALBERT  SMITH,  [seal.] 

United  States   Commissioner. 
— [U.  S.  Senate  Docs.,  1848,  v.  8.  No.  71. 

1 A  set  of  these  maps,  as  officially  published,  in  thirty-nine  large  sheets,  is  on  file 
in  the  office  of  the  Secretary  of  State,  as  portfolio  368,  and  another  set  in  the  State 
Library,  Albany.— [P. 

2  These  papers  were  subsequently  destroyed  by  fire,  and  have  not  been  published. 
See  Commissioner  Smith's  note  of  April  20,  1848,  on  page  53,  and  Assist.  Sec'y 
Seward's,  of  July  26,  1879,  in  Appendix.— [P. 


Boundaries  of  the  State  of  New  York.  65 

VIEWS  OF  RECENT  WRITERS. 
Our  Boundaries. 
The  Dominion  of  Canada  is  the  legitimate  heir  to  the  old  French 
Empire  in  North  America,  and  although  the  inheritance  has  come  down 
to  us  sadly  diminished  in  extent,  we  may  indulge  ourselves  in  a  con- 
densed review  of  its  ancient  limits. 

In  1540,  Roberval  was  declared  by  Francis  I.  to  be  Lord  of  Norem- 
begue,  i.  e.,  of  the  lands  on  the  Penobscot.  In  1603,  De  Monts  received 
letters  patent  to  trade  from  Cape  De  Roze  to  the  40th  degree  N.  lati- 
tude. Under  this  authority  he  wintered  on  St.  Croix  Island  in  1604, 
sailing,  in  1605,  to  Norembegue,  Kennebec,  Casco,  Saco,  and  even  Cape 
Cod.  In  1627,  "La  Nouvelle  France,  called  Canada,"  is  declared  in  the 
charter  of  the  Hundred  Associates  to  extend  from  Florida  to  the  Arctic 
Circle,  and  from  Newfoundland  to  the  furthest  affluent  of  the  St.  Law- 
rence, but  this  excessive  claim  was  never  seriously  maintained,  and  when 
Acadia  was  divided  from  Canada,  it  was  defined  as  being  bounded  N. 
by  the  Gulf  of  St.  Lawrence,  E.  by  the  Atlantic,  S.  by  the  River  Ken- 
nebec, W.  by  the  Province  of  Canada.  Even  this  boundary  was  indeed 
disputed.  In  1613,  Capt.  Argal  came  northwards  from  Virginia,  convoy- 
ing fishing  craft,  and  finding  the  French  clearing  lands  on  the  Penob- 
scot, attacked  them,  saying  the  territory  was  part  of  Virginia,  which 
owned  all  to  46°  N.  lat.  In  1655,  by  the  treaty  of  Westminister,  the 
conflicting  claims  were  referred  to  a  commission,  but  though  the  com- 
missaries were  appointed  in  1662,  nothing  was  done.  In  1656,  Crom- 
well's grant  of  Acadie  to  Latour,  Temple  and  Crowne,  defined  the 
territory  to  be  "  along  the  Bay  to  Fort  St.  John,  and  thence  following 
"  all  the  coast  as  far  as  Pentagoet  and  the  River  St.  George  in  Mes- 
"  courus,  situate  on  the  borders  of  New  England,  and  further  on  to  the 
"  first  habitation."  The  treaty  of  Breda,  1667,  restored  Acadia  to 
France,  and  the  French  commission  to  Grand  Fontaine,  1670,  set  the 
Quinebequi  as  the  boundary  of  his  government  —  a  boundary  asserted 
by  Villebon,  the  Freneh  Governor  of  Acadia,  against  Lieut.-Governor 
Stoughton,  of  Massachusetts,  in  1698.  Charlevoix,  pp.  348,  349,  says 
that  about  this  time  the  River  St  George,  about  half-way  between  Pen- 
tagoet and  the  Kennebec,  began  to  be  spoken  of  as  the  boundary.  In 
1700,  after  the  peace  of  Ryswick,  it  appears  by  a  letter  from  de  Beau- 
harnois  and  Hocquart,  respectively  Governor  and  Intendant  of  Canada, 
"  a  post  was  planted  on  an  island  at  the  mouth  of  the  St.  George,  with 
'  the  arms  of  England  on  the  west  side  and  those  of  France  on  the  east 
"  side,  to  serve  as  bounds  to  the  lands  of  the  two  crowns,  and  to  distin- 
guish them;"  and  in  1703  a  judgment  of  the  King's  Council  of  State 
grants  to  le  Borgne,  "  Pentagoet,  <fec,  with  ten  leagues  on  each  side  of 

6 


66  Copies  of  Documents  Relating  to  the 

"  the  river,  to  the  River  St.  George,  the  boundary  of  New  England." 
Just  after  the  treaty  of  Paris,  1712,  the  French  king  offered  numerous 
concessions  if  the  English  would  give  hirn  back  Acadia,  and  "  in  this 
"  case  his  Majesty  would  consent  that  the  River  of  St.  George  should  be 
"the  limit  of  Acadia,  as  England  desired."  In  1720,  Col.  Philipps, 
Governor  of  Nova  Scotia,  complained  that  "  the  bounds  between  the 
"  government  of  Nova  Scotia  and  New  England  are  not  declared,"  and 
enclosed  to  the  Lords  of  Trade  a  petition  from  persons  who  had  lands 
between  the  Kennebec  and  St.  George,  for  confirmation  of  title.  In' 
1762,  Governor  Bernard,  of  Massachusetts,  and  Governor  Belcher,  of 
Nova  Scotia,  had  a  correspondence  which  was  ended  by  Mr.  Belcher  as 
follows:  "I  must,  nevertheless,  with  much  satisfaction,  accept  the  assu- 
"  ranee  you  give  me  that  you  shall  not  make  any  grants  of  any  of  the 
"  lands  westward  of  the  River  St.  Croix  *  *  *  and  I  shall  on  my 
"  part  not  consent  to  any  further  grants  from  this  Province  until  the 
"  question  is  determined  at  home."  It  was  not  determined  until  settled 
by  treaty  with  the  rebellious  colonies,  now  the  United  States,  and  then 
the  St.  Croix  was  made  the  boundary.  From  all  which  it  is  clearly  to  be 
seen  that  the  stronger  British  colonies,  backed  up  by  the  stronger  British 
power,  forced  back  the  weaker  French  from  one  boundary  to  another; 
from  about  Cape  Cod  to  the  Kennebec,  from  the  Kennebec  to  the  St. 
George,  from  the  St.  George  to  the  Penobscot.  While  at  the  establish- 
ment of  their  independence  they  further  encroached  upon  the  territory 
of  the  parent  country,  from  the  Penobscot  to  the  St.  Croix. 

In  the  interior  of  the  continent,  the  French  explorers  had  a  magnifi- 
cent field  before  them,  which  they  cultivated  with  equal  bravery  and 
energy.  The  Edict  of  1712,  establishing  Louisiana  as  a  Lieut-Govern- 
orship, dependent  upon  that  of  Quebec,  recites  that  in  1683  the  King 
had  ordered  the  exploration  of  the  regions  between  New  France  and 
New  Mexico;  that  La  Salle  had  sufficiently  succeeded  in  the  enterprise 
to  make  it  certain  that  communication  could  be  maintained  between  the 
St.  Lawrence  and  the  Gulf  of  Mexico  by  way  of  important  rivers;  that 
immediately  after  the  peace  of  Ryswick,  His  Majesty  had  sent  out  a 
colony,  but  that  in  consequence  of  the  wars  he  had  done  nothing  more;1 
that  now,  however,  he  had  decided  to  authorise  the  Sieur  Crozart  to 
trade  in  the  country  bounded  by  the  English  settlements  in  Carolina  on 
one  hand,  and  by  New  Mexico  on  the  other,  and  principally  in  the  port 
and  harbor  of  He  Dauphine,  in  the  valleys  of  the  Mississippi  from  the 
sea  to  the  Illinois,  of  the  Missouri,  and  of  the  Wabash.  The  first  serious 
attempt  to  interfere  with  the  French  in  this  part  of  the  continent  was 
made  in  ]  749,  when  a  company,  called  the  Ohio  Company,  was  chartered, 

'By  an  arret  of  1690,  the  King  endows  Sieurs  de  la  Forest  and  Touty,  with  the 
establishment  made  at  St.  Louis  by  de  la  Salle. 


Boundaries  of  the  State  of  New  York.  67 

and  obtained  from  the  British  Crown  a  grant  of  600,000  acres  on  the 
River  Ohio.  In  1750  the  French  heard  of  this,  and  the  Governor  of 
Canada  wrote  to  the  Governors  of  Pennsylvania  and  New  York  to  com- 
plain, but  complaints  being  useless  they  seized,  in  1751,  some  American 
traders  found  West  of  the  Ohio,  and  built  two  forts,  one  on  the  south 
side  of  Lake  Erie  and  one  on  Beef  River.  In  1753,  Major  (afterwards 
the  celebrated  General)  Washington  was  sent  by  Virginia  to  M.  de 
Coutrecoeur,  the  French  Governor  of  these  two  forts,  to  summon  him 
to  retire,  who  replied  "  that  the  country  belonged  to  the  King  of  France, 
"  and  that  therefore  he  would  according  to  orders,  seize  and  send 
"  prisoner  to  Canada  every  Englishman  that  should  attempt  to  trade 
"  upon  the  Ohio  or  any  of  its  branches."  In  1754,  a  battle  took  place  in 
that  vicinity,  and  Washington,  attacked  in  his  entrenchments  at  Fort 
Necessity,  capitulated. 

The  course  taken  by  Canada  and  Nova  Scotia  during  the  American 
Revolutionary  war  is  a  matter  of  general  history,  which  we  need  not 
dilate  upon  in  this  place.  Suffice  it  to  remark,  that  their  loyalty  deserved 
a  better  reward  than  the  indifference  subsequently  shewn  by  Britain  in 
the  fixing  of  their  boundaries.  Young  remarks,  in  his  "  North  Ameri- 
can Colonies,"  that :  "  Language  cannot  be  found  too  condensed  and 
"  too  severe  to  characterize  the  terms  of  the  first  Provincial  Treaty  of 
"  Peace  in  1782.  Mr.  Oswald,  our  Plenipotentiary,  who  adjusted  it  with 
"  Franklin  and  Jay,  after  his  return  to  England,  when  waited  upon  by 
"  the  Merchants  of  London,  that  they  might  inform  him  of  the  conces- 
"  sions  and  sacrifices  he  had  made,  both  confessed  his  ignorance  and 
"  wept,  it  is  said,  over  his  own  simplicity."  Lord  Stormont,  in  the  year 
of  the  Treaty,  spoke  of  Mr.  Oswald  as  "  that,extraordinary  Geographer," 
and  said  on  the  other  hand  of  the  American  Commissioners,  in  language 
of  which  we  now,  on  close  acquaintance  with  such  agents,  can  fully 
recognize  the  biting  truth,  that  "  they  have  enriched  the  English  Dic- 
"  tionary  with  new  terms  and  phrases  —  reciprocal  advantage,  for 
"  instance,  means  the  advantage  of  one  of  the  parties;  and  a  regulation 
"  of  boundaries,  accession  of  territory." 

The  provisional  arrangement  made  by  Mr.  Oswald  was  that  the  eastern 
boundary  of  the  States  should  run  along  the  St.  John  river,  from  its 
source  to  its  mouth  in  the  Bay  of  Fundy,  and  that  the  northern  boundary 
should  be  a  line  drawn  from  the  northwest  angle  of  Nova  Scotia,  along 
the  highlands  which  divide  these  rivers  that  empty  themselves  into  the 
River  St.  Lawrence  from  those  which  fall  into  the  Atlantic,  to  the  north- 
westernmost  head  of  Connecticut  river ;  thence  down  along  the  middle 
of  that  river  to  the  45th  degree  of  north  latitude,  and  thence  due  west 
to  the  north-westernmost  side  of  the  River  St.  Lawrence;  thence  straight 
to  the  Lake  Nipissing,  and  thence  straight  to  the  River  Mississippi. 


68  Copies  of  Documents  Relating  to  the 

This  agreement  was  too  absurd  to  be  made  part  of  the  Definitive 
Treaty,  for  it  would  have  given  up  nearly  half  of  New  Brunswick,  and 
almost  all  of  Upper  Canada.  The  Treaty  itself  (1783)  was,  however, 
sufficiently  disgraceful  in  its  terms.  It  established  the  boundary  in  the 
following  language: 

Art.  II.  And  that  all  disputes  which  might  arise  in  future  on  the 
subject  of  the  boundaries  of  the  said  United  States  may  be  prevented, 
it  is  hereby  agreed  and  declared  that  the  following  shall  be  their 
boundaries,  viz.:  from  the  north-west  angle  of  Nova  Scotia,  viz.:  that 
angle  which  is  formed  by  a  line  drawn  due  north  from  the  source 
of  the  St.  Croix  river  to  the  highlands;  along  the  said  highlands 
which  divide  those  rivers  that  empty  themselves  into  the  River  St.  Law- 
rence from  those  which  fall  into  the  Atlantic  Ocean  to  the  north-west- 
ernmost head  of  Connecticut  river;  thence  down  along  the  middle  of 
that  river  to  the  45th  degree  of  north  latitude  ;  from  thence  by  a  line  due 
west  on  said  latitude,  until  it  strikes  the  River  Iroquois  or  Catarquy ; 
thence  along  the  middle  of  said  river  into  Lake  Ontario,  through  the 
middle  of  said  lake  until  it  strikes  the  communication  by  water  between 
that  lake  and  Lake  Erie;  thence  along  the  middle  of  said  communica- 
tion into  Lake  Erie,  through  the  middle  of  said  lake  until  it  arrives  at 
the  water  communication  between  that  lake  and  Lake  Huron;  thence 
along  the  middle  of  said  water  communication  into  the  Lake  Huron  ; 
thence  through  the  middle  of  said  lake  to  the  water  communication 
between  that  lake  and  Lake  Superior;  thence  through  Lake  Superior 
northward  of  the  Isles  Royal  and  Phelipeaux  to  the  Long  Lake;  thence 
through  the  middle  of  said  Long  Lake  and  the  water  communication 
between  it  and  the  Lake  of  the  Woods  to  the  said  Lake  of  the  Woods ; 
thence  through  the  said  lake  to  the  most  north-western  point  thereof, 
and  from  thence  on  a  due  west  course  to  the  River  Mississippi;       * 

5fC  Jp  Sf»  ifc 

Now  the  region  between  the  sources  of  the  St.  Croix  and  the  Connec- 
ticut rivers,  as  well  as  that  to  the  westward  of  Lake  Superior,  were  then 
uninhabited,  and  the  physical  features  of  the  interior  of  the  continent 
were  but  imperfectly  known.  Some  ambiguity  in  the  terms  of  the 
treaty  might  on  these  accounts  have  been  expected,  yet  not  so  much  as 
actually  existed.  British  statesmen,  usually  slow  to  impute  improper 
motives  to  any  public  men,  have  therefore  not  hesitated  to  say  that  the 
American  plenipotentiaries  contrived  to  have  the  wording  of  the  treaty 
as  loose  as  possible.  Its  ambiguity  consisted  chiefly  in  these  points  :  — 
The  proprietorship  of  the  islands  in  the  Bay  of  Fundy  was  not  defined; 
the  position  of  the  north-west  angle  of  Nova  Scotia  was  not  fixed  ;  the 
islands  in  the  St.  Lawrence  were  not  apportioned,  or  those  in  the  Detroit 
river. 

Difficulties  arose  almost  at  once  on  all  these  points.  It  was  even 
attempted  to  envelop  in  mist  the  River  St.  Croix  itself,  and  when  Com- 
missioners met  at  St.  Andrews,  in  1796,  to  decide  the  matter,  the  Ameri- 
cans claimed  the  Maguadavic  to  be  the  St.  Croix,  and  an  adjournment 


Boundaries  of  the  State  of  New  York.  69 

for  a  year  was  the  result.  This  point  was  finally  settled  in  1798;  but 
the  north-west  angle  was  destined  to  remain  undecided  for  another 
generation. 

At  the  Treaty  of  Ghent,  1814,  the  other  boundary  questions  were 
dealt  with  one  by  one,  and  we  will  follow  them  in  order.  Our  south- 
eastern boundary  is  settled  by  Art.  IV,  as  follows :  — 

Whereas  it  was  stipulated  by  the  second  article  in  the  treaty  of  Peace 
of  1788,  *  *  *  that  the  boundary  of  the  United  States  should  com- 
prehend all  islands  within  twenty  leagues  of  any  part  of  the  shores  of 
the  United  States,  and  lying  between  lines  to  be  drawn  due  east  from 
the  point  where  the  aforesaid  boundaries  between  Nova  Scotia  on  the 
one  part  and  East  Florida  on  the  other,  shall  respectively  touch  the 
Bay  of  Fundy  and  the  Atlantic  Ocean,  excepting  such  islands  as  now 
are,  or  heretofore  have  been,  within  the  limits  of  Nova  Scotia ;  and 
whereas  the  several  islands  in  the  Bay  of  Passamaquoddy,  which  is  part 
of  the  Bay  of  Fundy,  and  the  Island  of  Grand  Men  an,  in  the  said  Bay 
of  Fundy,  are  claimed  by  the  United  States  as  being  comprehended 
within  their  aforesaid  boundaries,  which  said  islands  are  claimed  as 
belonging  to  His  Britannic  Majesty,  as  having  been  at  the  time  of  and 
previous  to  the  aforesaid  Treaty  of  1  783  within  the  limits  of  the  Province 
of  Nova  Scotia ;  in  order,  therefore,  finally  to  decide  upon  these  claims, 
it  is  agreed  that  they  shall  be  referred  to  two  Commissioners,  to  be 
appointed  in  the  following  manner,  viz  :  one  Commissioner  shall  be 
appointed  by  His  Britannic  Majesty,  and  one  by  the  President  of  the 
United  States  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  the  said  two  Commissioners  so  appointed  shall  be  sworn  impartially 
to  examine  and  decide  upon  the  said  claims,  according  to  such  evidence 
as  shall  be  laid  before  them  on  the  part  of  His  Britannic  Majesty,  and 
of  the  United  States  respectively.  The  said  Commissioners  shall  meet 
at  St.  Andrews,  in  the  Province  of  New  Brunswick,  and  shall  have 
power  to  adjourn  to  such  other  place  or  places,  as  they  shall  think  fit. 
The  said  Commissioners  shall,  by  a  declaration  or  report  under  their 
hands  and  seals,  decide  to  which  of  the  two  contracting  parties  the 
several  islands  aforesaid  do  respectively  belong,  in  conformity  with  the 
true  intent  of  the  said  Treaty  of  Peace  of  1783.  And  if  the  said  Com- 
missioners shall  agree  in  their  decision,  both  parties  shall  consider  such 
decision  as  final  and  conclusive.  It  is  further  agreed,  that  in  the  event 
of  the  two  Commissioners  differing  upon  all  or  any  of  the  matters  so 
referred  to  them,  or  in  the  event  of  both  or  either  of  the  said  Commis- 
sioners refusing  or  declining  or  wilfully  omitting  to  act  as  such,  they 
shall  make  jointly  or  separately  a  report  or  reports,  as  well  to  the  Gov- 
ernment of  His  Britannic  Majesty  as  to  that  of  the  United  States,  stating 
in  detail  the  points  on  which  they  differ,  and  the  grounds  upon  which 
their  respective  opinions  have  been  formed,  or  the  grounds  upon  which 
they  or  either  of  them  have  so  refused,  declined  or  omitted  to  act.  And 
His  Britannic  Majesty,  and  the  Government  of  the  United  States,  hereby 
agree  to  refer  the  report  or  reports  of  the  said  Commissioners  to  some 
friendly  Sovereign  or  State,  to  be  then  named  for  that  purpose,  and  who 
shall  be  requested  to  decide  on  the  differences  which  may  be  stated  in 
the  said  report  or  reports,  or  upon  the  report  of  one  Commissioner, 
together  with  the  grounds  upon  which  the  other  Commissioner  shall 
have  refused,  declined  or  omitted  to  act,  as  the  case  may  be.     And  if 


70  Copies  of  Documents  Relating  to  the 

the  Commissioner  so  refusing,  declining  or  omitting  to  act  shall  also 
wilfully  omit  to  state  the  grounds  upon  which  he  has  so  done,  in  such 
manner  that  the  said  statement  may  be  referred  to  such  friendly  Sover- 
eign or  State,  together  with  the  report  of  such  other  Commissioner,  then 
such  Sovereign  or  State  shall  decide  ex  parte  upon  the  said  report  alone. 
And  His  Britannic  Majesty  and  the  Government  of  the  United  States 
engage  to  consider  the  decision  of  such  friendly  Sovereign  or  State  to 
be  final  and  conclusive  on  all  the  matters  so  referred. 

The  decision  of  the  Commissioners  in  this  case  was  given  as  follows, 
in  1817: 

By  Thomas  Barclay  and  John  Holmes,  Esquires,  Commissioners,  &c, 
&c. 

We  *  *  *  decide  that  Moose  Island,  Dudley  Island  and  Frederick 
Island  in  the  Bay  of  Passamaquoddy,  which  is  part  of  the  Bay  of 
Fundy,  do,  and  each  of  them  does,  belong  to  the  United  States  of 
America,  and  we  have  also  decided  and  do  decide  that  all  the  other 
Islands,  and  each  and  every  of  them,  in  the  said  Bay  of  Passamaquoddy, 
which  is  part  of  the  Bay  of  Fundy,  and  the  Island  of  Grand  Menan,  in 
the  said  Bay  of  Fundy,  do  belong  to  His  Britannic  Majesty,  in  con- 
formity with  the  true  interest1  of  the  second  article  of  the  Treaty  of 
1783. 

The  next  question  dealt  with  by  the  Treaty  of  Ghent,  was  the  boundary 
between  the  St.  Croix  and  the  St.  Lawrence.  This  was  sought  to  be 
settled  by  Art.  V.  which  declares  that:  — 

Whereas  neither  that  point  of  the  highlands  lying,  due  north  from  the 
source  of  the  River  St.  Croix,  and  designated  in  the  former  Treaty  of 
Peace  between  the  two  powers  as  the  north-west  angle  of  Nova  Scotia, 
nor  the  north-westernmost  head  of  Connecticut  river  has  yet  been  ascer- 
tained ;  and  whereas  that  part  of  the  boundary  line  between  the 
dominions  of  the  two  powers  which  extends  from  the  source  of  the 
river  St.  Croix  directly  north  to  the  above  mentioned  north-west  angle 
of  Nova  Scotia,  thence  along  the  said  highlands  which  divide  these 
rivers  that  empty  themselves  into  the  River  St.  Lawrence,  from  these 
which  fall  into  the  Atlantic  Ocean,  to  the  north-westernmost  head  of 
Connecticut  river,  thence  down  along  the  middle  of  that  river  to  the 
45th  degree  of  north  latitude,  until  it  strikes  the  River  Iroquois  or 
Cataraquy,  has  not  been  surveyed ;  it  is  agreed,  that  for  these  several 
purposes,  two  Commissioners  shall  be  appointed,  sworn,  and  authorized 
to  act  exactly  in  the  manner  directed,  with  respect  to  these  mentioned 
in  the  next  preceding  article.  *  *  * 

Commissioners  were  duly  appointed  under  this  article.  They  met. 
A  due  north  line  was  run  with  care,  throughout  the  disputed  tract,  to 
find  out  where  the  highlands  really  were,  but  to  no  purpose.  Britain 
was  too  incurious  as  to  colonial  matters,  and  the  States  were  too  astute 
to  press  for  any  immediate  arbitration,  and  it  was  not  until  1829  that 
the  contemplated  documents  were  placed  in  the  hands  of  the  King  of 
Holland,  the  selected  arbitrator.      The  merits  of  the  controversy  are 

'So  quoted;  should  be  "intent."  — [P. 


Boundaries  of  the  State  of  New  York.  71 

impartially  stated  by  Col.  Bouchette,  in  his  Topography  of  British 
North  America.  He  speaks  as  follows  of  the  country  between  the  St. 
Lawrence  and  the  highlands  south  of  the  St.  John:  —  "  The  face  of  the 
"  country,  though  abounding  with  extensive  valleys  and  flats,  is  decid- 
"  edly  hilly;  but  it  is  neither  so  bold  or  so  mountainous  as  the  country 
"  on  the  opposite  banks  of  the  St.  Lawrence.  The  land  generally 
"  rises  in  irregular  ridges  from  the  borders  of  the  river  towards  the  rear, 
"  and  attains  in  general  a  considerable  elevation  at  the  distance  of  10, 
"  15,  and  20  miles  from  the  front,  forming  at  its  height  the  verge  of  a 
"  broad  and  extended  tract  of  table  land  of  gentle  descent  towards  the 
"  River  St.  John,  beyond  which  it  re-ascends  again  and  acquires  a  supe- 
"  rior  degree  of  altitude  towards  the  sources  of  the  Allegash,  merging 
"  in  the  range  of  highlands  that  are  a  continuation  of  the  Connecticut 
"  range,  stretching  eastwardly  and  winding  round  the  sources  of  the 
"  rivers  falling  into  the  Atlantic,  and  those  flowing  into  the  St.  Law- 
"  rence  and  the  St.  John  in  the  opposite  direction."  This  description 
would  be  enough  to  indicate  the  natural  boundary,  viz.:  the  Connecti- 
cut range  and  the  connecting  highlands,  which  was  evidently  that  on 
which  the  plenipotentiaries  wished  to  agree.  It  seems  but  reasonable 
that  the  whole  valley  of  the  St.  John  was  intended  to  belong  to  the 
British  Possessions,  for  it  is  contrary  to  the  spirit  of  the  treaty  to  leave 
one  part  of  a  river  in  the  exclusive  possession  of  one  power,  and  another 
part  in  the  possession  of  another.  Accordingly,  the  British  Commis- 
sioner contended  that  Mars  Hill  was  the  point  where  the  due  north  from 
St.  Croix  struck  the  highlands;  the  American  said  it  crossed  the  St. 
John  to  the  highlands  which  divided  that  river  from  the  St.  Lawrence. 
Moreover,  again  quoting  from  Bouchette,  "  In  determining  the  geo- 
"  graphical  boundaries  between  St.  Regis  and  the  Connecticut  river,  it 
"  was  soon  discovered  that  the  original  demarcation  of  the  45th  parallel  of 
"  north  latitude  widely  deviated  from  the  true  course  of  that  parallel, 
"  the  position  of  which  was  carefully  ascertained  by  the  joint  observa- 
"  tions  of  the  British  and  American  astronomers  employed  in  that 
"  service  in  1818  It  was  found  that  the  pre-existing  line  was  drawn 
"  almost  wholly  north  of  the  true  geographical  bearing  of  that  circle 
"  of  latitude.  The  astronomical  observations  taken  at  different  stations 
"  have  yielded  the  following  results:  They  prove  that  at  St.  Regis  the 
"old  line  was  actually  1,375  feet,  statute  measure,  north  of  the  45°  of 
"  N.  latitude,  and  that  Ellicott's  line  was  30  feet  too  far  north  of  the 
"  true  parallel.  At  French  mills  the  observation  of  the  old  from  the 
"  new  line  was  found  to  be  154  feet,  the  former  lying  north  of  the  latter: 
"  two  miles  and  a  half  from  thence  the  new  line  intersected  the  old, 
"  and  traversed  to  the  south  until  it  reached  Chateauguay  river,  where 
"  its  greatest  southering  measured  975  feet.     At  Rouse's  Point,  on  the 


72  Copies  of  Documents  Relating  to  the 

"  shores  of  Lake  Champlain,  a  considerable  difference  was  discovered ; 
"  the  new  boundary  passing  4.576  feet  south  of  the  former,  and  involv- 
"  ing  on  the  relinquishment  of  the  triangular  tract  of  territory  thus 
"  formed,  an  American  fort,  which  has  been  neglected  since,  and  is  now 
"  in  ruins.  From  the  shores  of  Missisquoi  Bay  to  the  Connecticut  river, 
"  the  old  line  lies  universally  to  the  north  of  the  true  boundary,  forming 
"  an  elongated  gore  of  land,  stretching  along  the  whole  extent  of  the 
"  frontier  townships,  from  St.  Armand  to  Hereford."  The  main  portion 
of  the  territory  in  dispute,  that  between  Canada  and  Maine,  was  then 
valued  at  $15,000,000,  an  absurdly  low  figure,  covered  eleven  millions 
of  acres,  and  completely  intei-cepted  the  communication  between  Canada 
and  the  Maritime  Provinces.  It  was  in  the  occupation  and  under  the 
jurisdiction  of  Great  Britain. 

In  1831,  the  King  of  Holland  communicated  his  decision  to  the  Pleni- 
potentiaries.    It  was  as  follows:  — 

We  are  of  opinion  that  it  will  be  expedient  to  adopt  as  the  boundary 
of  the  two  States  a  line  drawn  due  north  from  the  source  of  the  River 
St.  Croix  to  the  point  where  it  intersects  the  middle  of  the  thalweg  of 
the  River  St.  John,  thence  the  middle  of  the  thalweg  of  that  river, 
ascending  it,  to  the  point  where  the  River  St.  Francis  empties  itself  into 
the  River  St.  John,  thence  the  middle  of  the  thalweg  of*  the  River  St. 
Francis,  ascending  it,  to  the  source  of  its  south-westernmost  branch, 
which  source  we  indicated  on  the  map  A  by  the  letter  X,  authenticated 
by  the  signature  of  our  Minister  of  Foreign  Affairs,  thence  a  line  drawn 
due  west  to  the  point  where  it  unites  with  the  line  claimed  by  the 
United  States  of  America,  and  delineated  on  the  map  A.  Thence  said 
line  to  the  point  at  which,  according  to  the  said  map,  it  coincides  with 
that  claimed  by  Great  Britain,  and  hence  the  line  traced  on  the 
map  by  the  two  powers  to  the  north-westernmost  source  of  Connecticut 
river.     *  *  *  * 

We  are  of  opinion  that  it  will  be  expedient  to  proceed  to  fresh  opera- 
tions to  measure  the  observed  latitude  in  order  to  mark  out  the  boundary 
from  the  River  Connecticut  along  the  parallel  of  the  45th  degree  of 
north  latitude  to  the  River  St.  Lawrence  —  named  in  the  treaties  Iro- 
quois and  Cataraqui  —  in  such  a  manner,  however,  that  in  all  cases  at 
the  place  called  Rouse's  Point,  the  territory  of  the  United  States  of 
America  shall  extend  to  the  fort  erected  at  that  place,  and  shall  include 
said  fort  and  its  kilometrical  radius. 

The  American  Commissioner,  not  satisfied  with  obtaining  three- 
fourths  of  the  disputed  territory,  at  once  protested.  He  asserted  that 
the  King  ought  to  have  decided  that  either  one  or  the  other  party  was 
in  the  right,  and  that  he  had  not  been  authorized  to  make  a  compromise. 
Eighteen  months  afterwards,  the  United  States  Government  refused  its 
assent  to  the  award.  The  British  Government,  who  had  at  first  accepted 
it  in  good  faith,  then  withdrew  theirs,  and  proposed  a  partition  of  the 
disputed  territory  by  a  new  conventional  line.  The  United  States 
refused,  again  proposing  the  River  St.  John  as  the  boundary.     Finally, 


Boundaries  of  the  State  of  New  York.  73 

the  dispute  became  so  serious  that  a  new  Treaty  was  negotiated  in  1842, 
known  by  the  name  of  Lord  Ashburton,  its  negociator,  which,  by  Cana- 
dians, should  ever  be  held  infamous.     Its  first  article  declares  :  — 

That  the  line  of  boundary  shall  be  as  follows:  Beginning  at  the 
monument  at  the  source  of  the  St.  Croix,  as  designated  and  agreed  to 
by  the  Commissioners  under  the  fifth  article  of  the  Treaty  of  1 794, 
between  the  Governments  of  the  United  States  and  Great  Britain; 
thence  north,  following  the  exploring  line  run  and  marked  by  the  Survey- 
ors of  the  two  Governments  in  the  years  1817  and  1818,  under  the  fifth 
article  of  the  Treaty  of  Ghent,  to  its  intersection  with  the  River  St.  John 
and  to  the  middle  of  the  channel  thereof;  thence,  up  the  middle  of  the 
main  channel  of  the  said  River  St.  John,  to  the  mouth  of  the  River  St. 
Francis;  thence  up  the  middle  of  the  channel  of  the  River  St.  Francis, 
and  of  the  lakes  through  which  it  flows  to  the  outlet  of  Lake  Pohena- 
garaook;  thence,  south-westerly,  in  a  straight  line  to  a  point  on  the 
north-west  branch  of  the  River  St.  John,  which  point  shall  be  ten  miles 
distant  from  the  main  branch  of  the  St.  John  in  a  straight  line,  and  in 
the  nearest  direction  —  but  if  the  said  point  shall  be  found  to  be  less 
than  seven  miles  from  the  nearest  point  of  the  summit  or  crest  of  the 
highlands  that  divide  those  rivers  which  empty  themselves  into  the 
River  St.  Lawrence,  from  those  which  fall  into  the  St.  John,  then  the 
said  point  shall  be  made  to  recede  down  the  said  north-west  branch  of 
the  River  St.  John  to  a  point  seven  miles  in  a  straight  line  from  the 
said  summit  or  crest;  thence,  in  a  straight  line  in  a  course  about  south, 
eight  degrees  west  to  the  point  where  the  parallel  of  latitude  of  46°  25' 
north,  intersects  the  south-west  branch  of  the  St.  John's;  thence, 
southerly  by  the  said  branch  to  the  source  thereof  in  the  highlands  at 
the  Metjarmette  portage,  thence  down  along  the  said  highlands  which 
divide  the  waters  which  empty  themselves  into  the  River  St.  Lawrence 
from  those  which  fall  into  the  Atlantic  Ocean,  to  the  head  of  Hall's 
stream  ;  thence  down  the  middle  of  said  stream,  till  the  line  thus  run 
intersects  the  old  line  of  boundary  surveyed  and  marked  by  Valentine 
and  Collins,  previous  to  the  year  1774,  as  the  45th  degree  of  N.  latitude, 
and  which  has  been  known  and  understood  to  be  the  line  of  actual 
division  between  the  States  of  New  York  and  Vermont  on  one  side  and 
the  British  Province  of  Canada  on  the  other;  and  from  said  point  of 
intersection,  west,  along  the  said  dividing  line  as  heretofore  known  and 
understood  to  the  Iroquois  or  St.  Lawrence  river. 

Two  tracts  of  great  importance  were  thus  surrendered.  First,  the 
most  fertile  portion  of  the  valley  of  the  St.  John,  including  the  region 
watered  by  its  tributaries,  the  Aroostook,  the  Fish  River,  the  Allegash, 
&c. ;  covering  some  8,000,000  acres,  the  possession  of  which  by  a  foreign 
power  impedes  direct  communication  between  Quebec  and  the  chief 
cities  of  the  lower  Provinces  by  rail  as  well  as  by  internal  navigation. 
Secondly,  the  tract  between  the  true  line  of  45°  and  the  old  line,  which 
gave  the  Americans  possession  of  Rouse's  Point.  Of  this  Daniel 
Webster  said,  in  an  address  to  the  New  York  Historical  Society:  — 
"  If  we  can  trust  the  highest  military  judgment  in  the  country  —  if  we 
"  can  trust  the  general  sense  of  intelligent  persons  acquainted  with  the 
"subject — if  we  can  trust  our  own  common   sense  on  looking  to  the 


74  Copies  of  Documents  Relating  to  the 

"  map  —  an  object  of  great  importance  has  been  attained  for  the  United 
"  States  and  the  State  of  New  York."  Since  then,  the  fort  at  Rouse's 
Point,  which  Bouchette  describes  as  "  neglected  and  in  ruins,"  has  been 
enlarged  to  the  standard  of  a  first-class  fortress,  and  is  to  us  a  more 
obnoxious  object  than  Luxemburg  can  possibly  have  been  to  France,  or 
Napoleon's  fleet  at  Boulogne  to  England,  constructed  as  it  is  to  hold  an 
army,  and  situated  almost  within  cannot  shot  of  Montreal,  the  very 
heart  of  the  country.  In  a  few  years  we  may  perhaps  expect  to  find 
another  fort  built  on  the  head  waters  of  the  St.  John,  to  which  the 
States  have  no  more  equitable  right  than  they  have  to  Rouse's  Point,  as 
menacing  to  Quebec  as  the  existing  fortress  is  to  Montreal.  Possibly, 
however,  events  may  take  another  turn.  Injustice,  arrogance  and 
fraud 1  do  not  always  prosper  long. 

It  would  be  hard  to  tell  how  it  may  be  brought  about,  but  the  writer 
enertains  the  hope  that  some  day,  by  purchase,  by  the  vote  of  the  people 
of  the  districts  in  question,  by  voluntary  or  perhaps  even  by  involuntary 
cession  on  the  part  of  the  United  States,  these  districts,  as  well  as  the 
country  between  the  Kennebec  and  the  St.  Croix,  all  parts  of  our  home 
farm,  will  be  re-united  to  the  Dominion. 

Art.  VI.  of  the  Treaty  of  Ghent  dealt  with  the  boundary  from  the 
intersection  of  line  45°  north  latitude  with  the  St.  Lawrence,  to  the 
water  communication  into  the  Lake  Huron.     It  provided  as  follows:  — 

And  whereas  doubts  have  arisen  what  was  the  middle  of  the  said 
river,  lakes  and  water  communications,  and  whether  certain  islands  lying 
in  the  same,  were  within  the  dominions  of  His  Britannic  Majesty  or  of 
the  United  States ;  in  order  therefore  finally  to  decide  these  doubts, 

1  The  map  submitted  to  the  King  of  Holland,  as  that  which  was  before  the 
framers  of  the  Treaty  of  1783,  was  Mitchell's  map,  a  very  incorrect  one,  on  which 
the  line  running  from  the  head  waters  of  the  St.  Croix  due  north  to  the  St.  Law- 
rence is  shewn  as  the  boundary  between  Nova  Scotia  on  one  side  and  Sagadahoc 
and  Canada  on  the  other.  The  northwest  angle  of  Nova  Scotia  would  then  be  on 
the  St.  Lawrence,  not  on  the  highlands.  Thus  this  could  not  have  been  the  map  in 
use  in  1783.  It  became  known  too,  soon  after  the  Ash  burton  Treaty  was  signed, 
that  the  U.  S.  authorities  were  not  unaware  of  the  existence  of  the  identical  map 
which  was  then  used,  and  they  carefully  kept  it  from  the  knowledge  of  Lord  Ash- 
burton.  It  appears  that  Count  De  Vergennes,  on  the  5th  of  December,  1782,  sent 
a  map  to  Dr.  Franklin  with  the  request  that  he  would  delineate  on  it  the  limits  of 
the  United  States  as  settled  in  the  preliminaries  between  the  British  and  American 
plenipotentiaries,  and  that  the  map  was  returned  by  Dr.  Franklin  the  next  day, 
with  a  note,  stating  that  he  had  marked  with  a  strong  red  line  the  aforesaid  limits. 
The  map  still  exists  in  the  geographical  department  of  the  French  Archives  of 
Foreign  Affairs,  and  the  line  runs  wholly  south  of  the  St.  John  and  between  the 
head  waters  of  that  river  and  those  of  the  Penobscot  and  Kennebec.  It  is  the 
line  contended  for  by  Great  Britain,  excepting  that  it  allows,  what  Britain  never 
afterwards  insisted  on,  that  the  valleys  of  all  the  rivers  intersected  by  the  due  north 
line  from  the  St.  Croix  to  Mars  Hill  should  be  British  territory. 


Boundaries  of  the  State  of  New  York.  75 

they  shall  be  referred  to  two  Commissioners     *     *     *  ,to  meet,  in  the 
first  instance,  at  Albany,  in  the  State  of  New  York. 

*  *  *  # 

The  Commissioners,  Peter  B.  Porter  and  Anthony  Barclay,  made 
their  decision  in  1822,  as  follows: — [Decision  already  quoted  on  pages 
49-52,  which  see.] 

— [  Year  Book  and  Almanac  of  Canada  for  1868,  p.  41. 


In  determining  the  geographical  boundary  between  St.  Regis  and  the 
Connecticut  river,  it  was  soon  discovered  that  the  original  demarcation 
of  the  45th  parallel  of  north  latitude  widely  deviated  from  the  true 
course  of  that  parallel,  the  position  of  which  was  carefully  ascertained 
by  the  joint  observations  of  the  British  and  American  astronomers 
employed  on  that  service  in  1818.  It  was  found  that  the  pre-existing 
line  was  drawn  almost  wholly  north  of  the  true  geographical  bearing 
of  that  circle  of  latitude.  The  astronomical  observations  taken  at  differ- 
ent stations  have  yielded  the  following  results  :  They  proved  that  at 
St  Regis  the  old  line  was  actually  1375  feet,  statute  measure,  north  of 
the  45°  of  north  latitude,  and  that  Ellicott's  line1  was  30  feet  too  far 
north  of  the  true  parallel.  *  *  * 

— \Bouchettis  British  Dominions  in  North  America,  i,  17. 


*  *  *  * 
Canada  Boundary.     By  royal  proclamation,  issued  in  Oct.  1763,  the 

line  45°  N.  was  fixed  as  the  boundary  between  the  provinces  of  Quebec 
and  New  York,  and  this  was  confirmed  in  council  Aug.  12,  1768.  The 
line  was  surveyed  by  Valentine  and  Collins,  Oct.  20,  1774.  By  the 
treaty  of  1783,  the  45th  parallel  was  recognized  as  the  N.  boundary  of 
the  State  from  Lake  Charaplain  to  the  St.  Lawrence.  By  the  treaty  of 
Ghent  the  same  line  was  recognized  as  the  boundary,  and  provisions 
were  made  for  a  re-survey. 
—[Hough's  Gazetteer  (1872),  p.  25. 

*  *  *  * 

The  lines  of  territory  recited  in  the  treaty  of  peace  of  1783,  were 
never  actually  drawn  upon  the  land,  but  were  described  from  the  best 
maps  then  existing,  but  now  known  to  be  very  inaccurate.  To  explore 
the  frontiers  together,  and  to  fix  muniments  of  boundary  by  common 
consent,  had  become  a  very  necessary  duty,  in  order  to  prevent  conflict- 

1  "  Beginning  at  a  stone  monument  erected  by  Andrew  Ellicott  Esq.,  in  the  year 
1817,  on  the  south  bank  or  shore  of/ the  river  St.  Lawrence,  to  indicate  the  point  at 
which  the  45th  parallel  of  north  latitude  strikes  that  river."     BouchetU,  i.  16.— [P 


76  Copies  of  Documents  Relating  to  the 

mg  grants  and  unintentional  trespass.  Accordingly  this  duty  was 
divided  into  two  parts.  The  commission  established  by  the  fifth  article 
of  the  treaty  of  Ghent  was  to  run  the  boundary  line  *  *  to  the 
north  westernmost  head  of  Connecticut  river,  thence  down  along  the 
middle  of  that  river  to  the  45°  of  north  latitude,  thence  by  a  line 
due  west  on  said  latitude  until  it  strikes  the  river  Iroquois  or  Cataraqua 
—  to  make  a  map  of  said  boundary  — 

*  *  *  * 

Under  this  article  the  British  Government  appointed  the  same  com- 
missioner as  in  the  former,  and  appointed  the  same  agent  jointly  with 
his  son,  Ward  Chipman  jun.  Esq.  a  counsellor  at  law  in  New  Brunswick. 
The  American  government  appointed  Cornelius  P.  Van  Ness,  Esq.  of 
Vermont,  commissioner,  and  William  C.  Bradley,  late  member  of  con- 
gfess  from  the  same  State,  as  their  agent.  *  * 

The  remaining  board  of  commissioners  established  by  the  treaty  of 
Ghent,  were  directed  to  run  the  boundary  line  from  the  point  where 
the  45°  north  latitude  strikes  the  Iroquois  or  Cataraqua,  to  lake  Supe- 
rior, as  it  was  declared  by  the  treaty  of  peace  of  1783,  and  to  decide  to 
whom  the  islands  in  the  lakes  and  rivers,  through  which  the  line  passes, 
do  severally  belong. 

General  Peter  B.  Porter  was  appointed  commissioner,  and  Samuel 
Hawkins,  Esq.  agent  for  the  United  States  ;  and  John  Ogilvie,  Esq. 
commissioner  on  the  part  of  Great  Britain.  They  met  at  St.  Regis,  and 
established  by  accurate  astronomical  observation  the  point  of  the  45° 
north  latitude,  and  afterwards,  by  careful  admeasurement  and  surveys, 
described  the  boundary  towards  lake  Ontario.  It  is  understood  that  no 
material  alteration  has  been  made  in  the  line  heretofore  considered  as 
the  true  boundary.  *  *  * 

— [JV.  A.  Revieic,  vi,  401,  404. 


*  *  *  * 

By  the  royal  proclamation  of  October,  1763,  establishing  the  province 
of  Quebec,  that  province  was  described  as  bounded  on  the  south  by  the 
forty-fifth  parallel  of  latitude,  from  the  St.  Lawrence  to  the  Connecticut 
river.  Subsequently  to  this  date,  Governor  Moore  of  New  York,  which 
province  then  extended  its  jurisdiction  to  Connecticut  river,  and  Gover- 
nor Carleton  of  the  province  of  Quebec,  having  ascertained  by  astro- 
nomical observations,  the  points  through  which  the  forty-fifth  parallel  of 
latitude  would  pass,  made  a  report  thereof  to  the  British  Government, 
and  on  the  12th  of  August,  1768,  an  order  was  issued  by  the  king  in 
council,  confirming  these  proceedings,  and  directing  that  '  the  line  of 
division  should  be  run  out,  and   continued  as  far  as  each   province 


Boundaries  of  the  State  of  New  York.  77 

respectively  extends'.  Instructions  were  given  to  the  provincial  authori- 
ties for  carrying  this  order  into  effect,  and  a  line  was  accordingly 
surveyed  and  marked  along  the  supposed  forty-fifth  parallel  of  latitude, 
from  the  east  side  of  Lake  Champlain,  where  the  observations  for 
determining  the  latitude  had  been  previously  made,  to  the  Connecticut 
river,  by  Thomas  Valentine,  deputy -surveyor  on  the  part  of  the  Pro- 
vince of  New  York,  and  John  Collins,  deputy-surveyor  of  the  Province 
of  Quebec,  in  the  years  1771  and  1772.  They  terminated  their  line  on 
Connecticut  river,  two  miles  and  five-eighths  of  a  mile  above  the  mouth 
of  Hall's  Brook,  following  the  course  of  the  river,  and  ninety  and  a 
quarter  miles  due  east  from  the  boundary  fixed  on  Lake  Champlain. 
In  1773,  the  line  was  run  west  from  Lake  Champlain,  by  the  surveyors 
of  the  two  provinces,  fifty  miles,  and  in  1774,  it  was  completed  to  the 
river  St.  Lawrence,  by  John  Collins  alone,  duly  appointed  to  act  for 
both  provinces.  A  plan  of  the  line,  surveyed  and  completed,  October 
20,  1774,  was  returned  by  John  Collins  to  the  office  of  the  Secretary  of 
New  York,  where  it  still  remains';  and  the  Legislative  Assembly  of 
New  York,  by  two  acts,  appropriated  eight  hundred  pounds  for  the 
share  of  the  expenses  of  the  province,  in  running  out,  marking  and 
completing  this  line.  The  line  thus  established  was  made  the  limit  of 
the  grants  of  the  adjoining  lands,  by  the  governors  of  the  two  pro- 
vinces, and  it  has  to  this  day  been  the  limit  of  the  jurisdiction  of  the 
two  Governments. 

There  seems  to  have  been  no  good  reason  for  disturbing  a  line  of 
boundary  thus  established,  and  so  long  acquiesced  in.  In  the  fifth  arti- 
cle of  the  treaty  of  Ghent,  however,  it  is  declared  that  the  part  of  the 
boundary  between  the  two  countries,  from  the  source  of  the  St.  Croix 
to  the  St.  Lawrence,  including,  by  a  definite  description,  that  part  which 
extends  along  the  forty-fifth  degree  of  latitude,  'has  not  yet  been  sur- 
veyed ; '  and  it  is  expressly  provided,  that  it  shall  be  surveyed  and 
marked,  according  to  the  provisions  of  the  treaty  of  1 783.  It  appears 
that  the  Government  of  the  United  States  were  led  into  this  error,  and 
into  a  belief  that  the  actual  limit  of  jurisdiction  between  the  two  Gov- 
ernments was  too  far  south,  by  some  proceedings  had  several  years  ago, 
under  authority  of  the  State  of  Vermont.  Dr.  Williams,  in  his  history 
of  Vermont,  says  :  '  Much  pains  were  taken  by  the  provinces  of  New 
York  and  Canada,  to  ascertain  the  latitude  of  forty-five,  by  astro- 
nomical observations.  This  was  done  by  Commissioners  from  both  pro- 
vinces, in  the  month  of  September,  1767.  At  the  place  where  the  line 
crosses  Lake  Champlain,  they  erected  a  monument  of  stone,  which  is 
yet  standing.  The  line  was  afterwards  run  in  the  year  1772,  by  J. 
Carden  and  J.  Collins  of  Quebec,  but  with  great  error.  By  order  of 
Governor  Tichenor,  in  1806,  I  examined  the  situation  of  this  line  in  the 

1  Portfolio  Map  No.  227.—  [P. 


78  Copies  of  Documents  Relating  to  the 

eastern  part  of  the  State.  By  astronomical  observations,  I  found  the 
monument  they  had  erected  on  the  eastern  bank  of  Lake  Memphre- 
rnagog,  was  in  the  latitude  of  forty-four  degrees,  fifty-three  minutes, 
forty-six  seconds  ;  and  at  Connecticut  river,  their  monument  was  in  the 
latitude  of  forty-four  degrees,  forty-seven  minutes,  fifty-nine  seconds. 
Admitting  their  line  to  have  been  run  in  a  straight  course,  this  would 
imply  an  error  of  eight  degrees,  fifty-two  minutes,  nineteen  seconds  in 
the  direction,  and  occasions  the  loss  to  Vermont  of  401,973^  acres  of 
land  ;  equal  to  17  44-lOOths  townships'.  A  similar  statement  was  made 
by  the  Governor  of  Vermont,  in  his  speech  to  the  Legislature,  in  Octo- 
ber, 1806,  and  he  intimated  the  propriety  of  making  an  application  on 
the  subject  to  the  national  Government.  The  gross  error  into  which 
Dr.  Williams  fell,  must  be  attributed  to  his  want  of  the  proper  instru- 
ments for  making  accurate  observations,  and  his  want  of  practical 
experience,  which  would  have  enabled  him  to  detect  their  inaccuracy. 
On  the  other  hand,  several  communications  were  made  to  the  provin- 
cial Government  of  Lower  Canada,  which  led  them  to  the  belief  that 
the  existing  boundary  was  too  far  north.  The  surveyor-general  of 
Lower  Canada  in  1807,  made  a  report  to  the  administrator  of  the  Gov- 
ernment, in  which  he  stated  that  the  line  was  evidently  crooked,  and 
assigned  grounds  for  believing  that  it  encroached  on  the  province  as 
much  as  three  geographical  miles  at  the  Connecticut  river,  and  one 
mile  on  the  meridian  of  Montreal.  In  this  state  of  the  impressions  of 
the  two  parties,  it  is  not  remarkable  that  both  Governments  were  ready  to 
accede  to  a  proposition  for  a  re-survey  and  rectification  of  the  boundary, 
and  that  a  provision  for  that  object  was  made  in  the  treaty  of  Ghent. 
— [N.  A.  Review,  xxxiii,  280. 


The  fortification1  thus  reserved  to  us,  was  erected  by  our  Govern- 
ment on  the  western  bank  of  lake  Champlain,  soon  after  the  date  of  the 
treaty  of  Ghent.  It  was  intended  to  be  a  work  competent  to  withstand 
a  seige,  and  to  mount  about  three  hundred  cannon.  It  is  situated 
between  the  old  boundary  and  the  ascertained  forty-fifth  degree  of  lati- 
tude. The  reservation  of  a  circuit  of  a  kilometre,  which  is  equal  to 
about  two  hundred  rods,  will  probably  extend  our  frontier  at  that  point 
to  the  old  boundary. 
— [iVT  A.  Review,  xxxiii,  284. 


*  *  *  * 

The  Annual  Register,  for  1763,  contained  a  new  map  of  the  British 

'At  Rouse's  Point.— [P. 


Boundaries  of  the  State  of  New  Yoke.  79 

dominions  in  North  America,  with  the  limits  of  the  Governments  annexed 
thereto,  by  the  treaty  of  peace,  and  settled  by  the  proclamation. 

*  *  *  * 

The  Quebec  Act  of  1774  only  transposes  the  description  of  the  procla- 
mation of  1763,  beginning  at  the  other  extremity.  *  *  This  well- 
remembered  act  of  Parliament  followed  the  forty-fifth  parallel  of 
latitude  to  the  river  St.  Lawrence,  and  through  Lake  Ontario,  and 
upon  the  south-eastern  bank  of  Lake  Erie  to  the  boundary  of  Pennsyl- 
vania, and  by  the  western  boundary  of  that  Province  to  the  river  Ohio, 
and  along  the  Ohio  to  the  Mississippi.  All  the  territory  to  the  north 
of  this  line  and  south  of  tile  Hudson's  Bay  Company's  limits,  was  incor- 
porated, as  belonging  to  the  crown  of  Great  Britain,  into  the  Province 
of  Quebec.  This  was  a  more  absolute  and  decisive  demarkation 
throughout  its  extent,  than  that  which  was  traced  by  the  pi-oclamation 
of  1763,  but  it  was  a  result  of  the  same  policy.  There  can  be  no  question, 
we  suppose,  that  both  the  royal  proclamation  of  1763,  and  the  parlia- 
mentary act  of  1774,  were  innovations  upon  the  Province  charter  of 
Massachusetts. 

*  *  *  * 

The  identical  Mitchell's  Map  which   was  used  at  Paris  in  making  the 
treaty  (of  1783)  is  still  preserved.1 
—[A7!  A.  Review,  xxxiv,  526,  528,  552. 


For  notices  of  various  Maps,  see  A7!  A.  Review,  vi,  402;  xxvi,  434, 
435;  xxxiv,  519,  526,  530,  531,  533,  553;  Hi,  440-442,  444;  lvi,  468, 
471-476;  also,  Gallatin  &  Webster  on  N.  M  Boundary,  pp.  13,  46,  76, 

77,  80,  178. 


The  Senate  of  the  United  States  refused,  in  July,  1832,  to  subscribe 
to  the  award  (of  the  King  of  the  Netherlands).  *  * 

— [A7.  A.  Review),  xliii,  440. 

*  *  It  would  be  expedient,  while  negotiating  for  a  new  line  of 
boundary  on  equitable  terms,  that  an  arrangement  should  be  made,  by 
which  the  existing  boundary  between  Vermont  and  Lower  Canada  shall 
be  preserved,  instead  of  rectifying  it  by  running  the  line  of  the  45th 
degree  of  latitude  anew.  By  such  an  arrangement  we  should  retain  not 
only  Rouse's  Point,  but  a  tract  of  territory  along  the  whole  northern 
border  of  Vermont,  of  nearly  a  mile  in  width,  and  it  would  afford  a 

1  In  the  geographical  department  of  the  French  Archives  of  Foreign  Affairs.  See 
foot  note  on  page  74. — [P. 


80  Copies  of  Documents  Relating  to  the 

further  reason  for  offering  an  indemnity  to  the  State  of  Maine  for  the 
loss  of  territory. 

— [iVT  A.  Review,  xliii,  444. 


DETERMINATION    OF    THE    NEW   YORK    AND    VERMONT 
JOINT   BOUNDARY   LINE. 


An  A  CT  to  designate  and  establish  the  Boundary   Line  between  this 
State  and  the  State  of  Vermont. 

Passed  June  8,  1812. 
Whereas  it  is  represented  to  the  legislature  that  the  boundary  line 
between  this  state  and  the  state  of  Vermont  has  not  been  designated 
by  permanent  marks  or  monuments  :  And  whereas  it  is  necessary,  in 
order  to  prevent  litigation  between  the  citizens  of  the  said  states,  that 
the  said  line  should  be  plainly  designated  and  finally  established : 
Therefore, 

I.  Be  it  enacted  by  the  people  of  the  state  of  New  York,  represented  in 
Senate  and  Assembly,  That  Smith  Thompson,  Simeon  De  Witt  and 
George  Tibbits,  Esquires,  be  and  they  are  hereby  appointed  commis- 
sioners on  the  part  of  this  state,  to  meet  such  commissioners  as  may  be 
appointed  by  or  on  the  part  of  the  state  of  Vermont,  at  any  time  and 
place  which  may  be  agreed  on  by  the  said  commissioners  jointly,  and 
to  designate  by  permanent  monuments  the  said  boundary  line,  as  nearly 
as  may  be  practicable,  according  to  the  description  thereof,  in  an  instru- 
ment bearing  date  the  seventh  day  of  October,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  ninety,  executed  by  the  commissioners 
empowered  to  declare  the  consent  of  the  legislature  of  this  state  to  the 
formation  of  the  territory  therein  described  into  a  new  state,  by  the 
name  of  the  state  of  Vermont ;  and  that  the  line  which  shall  be  so  des- 
ignated shall  be  the  permanent  boundary  line  between  this  state  and 
the  said  state  of  Vermont. 

II.  And  be  it  further  enacted,  That  the  person  administering  the  gov- 
ernment of  this  state  shall  without  delay  transmit  an  authentic  copy  of 
this  act  to  the  governor  of  the  said  state  of  Vermont,  to  be  submitted  to 
the  legislature  thereof  ;  and  solicit  the  appointment  of  commissioners 
on  the  part  of  that  state  for  the  purposes  herein  above  expressed. 


Boundaries  of  the  State  of  New  York.  81 

III.  And  be  it  further  enacted,  That  the  said  commissioners  shall 
respectively  certify,  and  return  under  their  hands  and  seals,  a  correct 
description  of  the  line  which  they  shall  designate  and  establish  as  afore- 
said, to  the  secretary  of  this  state,  to  be  entered  of  record  in  his  office. 
— [Laws  of  New  York,  1812,  ch.  xc. 

By  a  similar  act,  passed  by  the  Legislature  of  the  State  of  Vermont, 
on  the  6th  day  of  November,  1812,  "Joseph  Beman,  Jun.  of  Fairfax, 
Henry  Olin,  of  Leicester,  and  Joel  Pratt  2d,  of  Manchester,"  were 
appointed  commissioners  on  the  part  of  that  State,  for  purposes  recited 
in   words  almost  identical  with  those  of  the  New  York  act  quoted 

above. 

[Report  of  the  Commissioners.] 
To  all  to  whom  these  presents  shall  come  JBe  it  known  That  in  pursu- 
ance of  an  Act  of  the  Legislature  of  the  State  of  New  York  entitled 
"An  Act  to  designate  and  establish  the  boundary  line  between  this  State 
and  the  State  of  Vermont"  passed  8*?  June  1812  appointing  Smith 
Thompson  Simeon  De  Witt  and  George  Tibbitts  Commissioners  for  the 
purposes  expressed  in  the  said  Act  on  the  part  of  the  State  of  New 
York  and  An  Act  of  the  Legislature  of  the  State  of  Vermont  entitled 
"An  Act  to  designate  and  establish  the  boundary  Line  between  this 
State  and  the  State  of  New  York"  passed  November  6th  1812  appoint- 
ing Joseph  Beeman  Junior  Henry  Olin  and  Joel  Pratt  2d  Commis- 
sioners for  the  purposes  expressed  in  the  last  mentioned  Act  on  the  part 
of  the  State  of  Vermont,  the  said  Commissioners  so  appointed  respect- 
ively on  the  part  of  the  State  of  New  York  and  on  the  part  of  the 
State  of  Vermont,  have,  as  hereinafter  described,  designated  by  per- 
manent monuments  the  boundary  line  between  the  said  States  from  the 
Southwest  corner  of  the  State  of  Vermont  to  Poultney  River  as  nearly 
as  is  practicable  according  to  the  description  thereof  in  an  Instrument 
bearing  date  the  seventh  day  of  October  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  ninety  executed  by  the  Commissioners 
empowered  to  declare  the  consent  of  the  Legislature  of  the  State  of 
New  York  to  the  formation  of  the  Territory  therein  described  into  a 
New  State  by  the  name  of  the  State  of  Vermont,  to  wit,  Beginning  at 
a  rough  Stone  set  up  and  marked  on  the  West  side  N  I7"  and  on  the 
East  side  V  supported  by  a  heap  of  Stones  on  the  brow  of  a  high  hill 
descending  to  the  West  and  at  the  distance  of  fifty  Chains  on  a  Course 
North  eighty  two  degrees  and  twenty  minutes  West  from  the  North 
west  corner  of  the  State  of  Massachusetts  and  running  thence  Northerly' 

1  The  course  and  distance  here  omitted  is  "  N.  5°  W.,  three  miles  and  seventy-two 
chains.     See  Portfolio  Map  No.  227,  in  Office  of  Secretary  of  State.     The  same 
omission  occurs  in  the  description  given  in  the  Revised  Statutes.  —  [P. 
6 


82  Copies  of  Documents  Relating  to  the 

in  a  straight  Line  to  a  point  which  is  distant  ten  Chains  on  a  course 
south  thirty  five  degrees  West  from  the  most  westerly  corner  of  a  Lot 
of  Land  which  is  distinguished  on  the  Records  of  the  Town  of  Pownal 
in  the  State  of  Vermont  dated  30th  May  1780  as  the  fifth  division  of  the 
right  of  Gamaliel  Wallace  and  now  owned  by  and  in  the  Occupancy  of 
Abraham  Vosburgh,  then  North  thirty  five  degrees  East  to  said  corner 
and  along  the  westerly  bounds  of  said  Lot  thirty  Chains  to  a  place  on 
the  Westerly  bank  of  Hosick  River  where  a  Hemlock  Tree  heretofore 
stood  and  is  noticed  in  said  Records  as  the  most  Northerly  corner  of  said 
Lot  then  North  one  degree  and  twenty  minutes  West  six  Chains  to  a  hewn 
Marble  Slate  marked  on  the  West  side  NK^8i3OKK  and  on  the  East  side 
Vermont  st,anciing  on  the  westerly  side  of  Hosick  River  on  the  North  side 
of  the  high  way  leading  out  of  Hosick  into  Pownal  and  near  the  North- 
westerly corner  of  the  Bridge  crossing  said  River,  then  North  twenty 
seven  degrees  and  twenty  minutes  East  thirty  Chains  through  the  bed 
of  the  said  River  to  a  large  roundish  Rock  on  the  Northeasterly  bank 
thereof  then  North  twenty  five  degrees  West  sixteen  Chains  and  seventy 
Links  then  North  nine  degrees  West  Eighteen  Chains  and  sixty  Links 
to  a  White  Oak  Tree  at  the  Southwest  corner  of  the  Land  Occupied 
by  Thomas  Wilsey  then  North  eleven  degrees  East  seventy  seven  Chains 
to  the  North  side  of  a  highway  where  it  is  met  by  a  fence  dividing  the 
possessions  of  Thomas  Wilsey  Junr  and  Emery  Hunt,  then  north  forty 
six  degrees  East  six  Chains  then  South  sixty  six  degrees  East  twenty 
six  Chains  and  twenty  five  Links  then  north  nine  degrees  East  twenty 
seven  Chains  and  fifty  Links  to  a  blue  Slate  Stone  anciently  set  up  for 
the  South  west  corner  of  Bennington  and  1813  lately  cut  on  it  then 
from  the  South  west  corner  of  Bennington  North  seven  degrees  and 
thirty  minutes  East.  At  one  mile  a  Chestnut  Oak  Sapling  in  woods 
marked  M.  1  on  ground  descending  northwest.  At  two  miles  a  red 
Oak  stake  marked  on  the  East  side  M.  2.  about  ten  links  east  from  an 
Apple  Tree,  at  two  miles  forty  three  Chains  and  Eighty  Links  a  hewn 
Marble  Stone  marked  on  the  West  side  NKW18n0BK  and  on  the  East  side 
vebmont  an(j  set  Up  on  the  South  side  of  the  highway  leading  from  Hosick 
four  corners  to  Bennington  Village  and  on  the  northerly  side  of  a  hard 
Maple  tree.  At  three  miles  a  Maple  Stake  marked  M.  3.  standing  thir- 
teen Links  west  of  a  marked  Beach  tree.  At  four  miles  an  Iron  Wood 
stake  marked  M.  4.  standing  on  a  Limestone  Ridge.  At  four  miles  and 
Eight  Chains  a  hewn  Marble  Stone  marked  on  the  West  side  NEV30KK 
and  on  the  East  side  VK1i8i8NT  and  set  up  on  the  South  west  side  of  a  high- 
way leading  from  Hosick  four  corners  to  Shaftsbury  at  five  miles  a 
hornbeam  stake  marked  M  5  set  up  on  the  North  Bank  of  a  stream  of 
water  running  easterly  and  twenty  Links  East  of  a  marked  hornbeam 


Boundaries  of  the  State  of  New  York.  83 

Sapling.  At  six  miles  a  Butternut  tree  about  one  Chain  West  of  the 
West  side  of  Walloomsack  River  and  marked  on  the  South  side  M.  6 
and  on  the  West  side  1813  At  six  miles  and  fifty  Two  Chains  a  White 
marble  Stone  erected  on  an  intervale  at  the  North  west  corner  of  the 
Town  of  Bennington  and  the  south  west  corner  of  the  Town  of  Shafts- 
bury  and  lettered  on  the  East  side  Ben.tn  N.  W.  Corner,  then  along  the 
west  bounds  of  Shaftsbury  North  Eight  degrees  and  twenty  minutes 
East.  At  seven  miles  a  Pine  Stake  in  a  Meadow  marked  M.  7.  At 
seven  miles  and  five  Chains  a  hewn  Marble  Stone  marked  on  the'  west 
side  NK^J30RK  and  on  the  east  side  TKE]fisNT  and  set  up  on  the  South  side  of 
a  high  way  leading  out  of  Hosick  into  Shaftsbury  one  Chain  South 
Eight  degrees  &  twenty  minutes  West  from  the  middle  of  the  front 
door  of  the  dwelling  house  of  John  Matthews.  At  eight  miles  a  white 
Oak  Stake  marked  M  8  on  the  East  side  of  a  high  way  at  the  North 
west  Corner  of  Elihu  Cross's  Orchard  At  eight  miles  and  fifty  two  Chains 
a  hewn  marble  stone  marked  New  York  <Jb  Vermont  State  Line  75  rods 
to  JEJlias  Huntington *s  Stone  Factory  and  set  up  on  the  North  side  of 
the  high  way  leading  from  the  Meeting  house  in  Shaftsbury  to  the 
Meeting  house  in  Little  White  Creek  At  nine  miles  a  Chesnut  post  or 
Penstock  marked  M.  9.  twenty  five  links  east  of  a  small  marked  maple 
tree  At  nine  Miles  seventy  one  Chains  and  sixty  seven  Links  a  hewn 
Marble  stone  marked  on  the  west  side  NK^8T3OHK  and  on  the  East  side 
vkbmont  an(j  ge£  Up  at  tne  s^th  side  0f  a  high  way  running  out  of  Cam- 
bridge into  Shaftsbury  At  Ten  miles  about  twenty  Links  east  of  a 
Sumack  stake  marked  M.  10  At  ten  miles  and  fifty  nine  Chains  a  hewn 
marble  stone  marked  on  the  West  side  NEfl[  ™EK  and  on  the  East  side 
TK^14NT  and  set  up  on  the  north  side  of  a  high  way  leading  from  Shafts- 
bury West  hollow  into  Cambridge  At  eleven  miles  a  Chesnut  Stake 
marked  M.  11.  At  twelve  miles  the  middle  of  three  hard  maple  sap- 
lings marked  M.  12.  on  a  steep  easterly  descent  At  thirteen  miles  a 
small  beach  tree  marked  M.  13 —  At  thirteen  miles  sixteen  Chains  and 
fifty  Links  an  old  marked  Beach  sapling  at  the  North  west  corner  of 
the  Town  of  Shaftsbury  and  South  west  corner  of  the  Town  of  Arling- 
ton and  also  marked  1813.  Then  North  Nine  degrees  East  At  fourteen 
miles  a  Bass  wood  tree  marked  M.  14  standing  on  the  north  side  of  a 
mountain  At  fourteen  miles  thirty  seven  Chains  and  seventy  Links  a 
hewn  Marble  stone  marked  on  the  west  side  x**™**  ancj  on  the  East  side 
Vermont  an(j  get  Up  Qn  tjie  Nortn  si(je  0f  a  high  way  leading  out  Cam- 
bridge into  Arlington  At  fifteen  miles  a  Red  Oak  stump  marked  M.  15. 
At  sixteen  miles  a  Poplar  Sapling  marked  M.  1 6  At  sixteen  miles  and 
fifty  Chains  a  common  stone  marked  on  the  west  side  N  and  on  the 
East  side  V  set  up  on  the  northwest  side  of  a  high  way  leading  out  of 


84  Copies  of  Documents  Relating  to  tbe 

Cambridge  into  Arlington  At  seventen  Miles  a  red  Oak  Stake  marked 
M.  17  set  up  at  the  North  end  of  a  Stone  wall  of  William  Nicholson 
At  seventeen  miles  fourteen  Chains  and  thirty  Links  a  hewn  marble 
stone  marked  on  the  west  side  NK^  ™RK  and  and  on  the  East  side  VE^NT 
and  set  up  on  the  North  side  of  a  high  way  leading  out  of  Cambridge 
into  Arlington  At  eighteen  miles  a  Chesnut  Oak  stake  marked  M.  18 
standing  two  Chains  north  of  a  hard  maple  tree  in  this  Line,  marked 
1813  which  tree  is  thirty  Links  north  of  a  Spring  of  water  running  West 
At  eighteen  miles  forty  eight  Chains  and  fifty  Links  a  hewn  marble 
Stone  marked  on  the  West  side  NE™K  and  on  the  East  side  VER^4NT  and 
set  up  on  the  North  side  of  a  high  way  leading  from  Arlington  to  the 
Turnpike  Road  in  Cambridge  At  nineteen  miles  a  Red  Oak  tree 
marked  M.  19  At  nineteen  miles  &  fifty  one  Chains  a  large  pile  of 
Stones  about  one  Chain  west  of  the  summit  of  a  very  high  mountain 
at  the  north  west  corner  of  the  town  of  Arlington  and  the  South  west 
corner  of  the  Town  of  Sandgate  Then  North  nine  degrees  East  At 
twenty  miles  a  large  red  Oak  Tree  marked  M.  20  At  twenty  one  miles 
a  Chesnut  Oak  Stake  marked  M.  21,  at  twenty  one  miles  and  sixty  nine 
Chains  a  hewn  Marble  Stone  marked  on  the  West  side  NKY8i4ORK  and  on 
the  East  side  vk«mont  ancj  get  Up  on  tne  j^-th  side  of  a  high  way  leading 
out  of  Sandgate  into  Salem  at  twenty  two  Miles  a  Red  Oak  Stake 
marked  M.  22.  at  twenty  three  miles  a  White  Ash  Sapling  marked 
M  23  At  twenty-four  miles  a  hard  maple  tree  marked  M.  24  At 
twenty-five  miles  a  White  Ash  Stake  marked  M.  25  At  twenty  five 
miles  and  five  Chains  a  Hewn  Marble  Stone  marked  on  the  West  side 
NKT8f4°EK  an(l  on  tne  East  side  VB**°NT  and  set  up  on  the  North  side  of  a 
highway  leading  out  of  Sandgate  into  Salem  At  twenty  five  miles 
forty  seven  Chains  and  ten  Links  a  hewn  Marble  Stone  marked  on  the 
west  side  N™™BK  and  on  the  East  side  VBE*2NT  and  set  up  on  the  North 
west  side  of  a  high  way  leading  Southwesterly  out  of  Sandgate  into 
Salem  At  twenty  six  miles  a  small  White  Oak  Tree  on  a  Mountain 
marked  M.  26.  At  twenty  six  miles  and  nineteen  Chains  a  Maple 
Stake  and  heap  of  Stones  at  the  North  west  Corner  of  the  Town  of 
Sandgate  and  South  West  Corner  of  the  Town  of  Rupert  about  ten 
Links  South  west  from  a  Beech  tree  marked  on  the  West  side  1813. 
On  the  North  side  I.  Beeman  and  on  the  East  side  W.  M.  M.  Then 
North  Eight  degrees  East  At  twenty  six  Miles  and  seventy  eight 
Chains  a  hewn  Marble  Stone  marked  on  the  West  side  NK^8^0KK  and  on 
the  East  side  vkrmont  an(j  set  Up  on  the  Noi-th  West  side  of  a  high  way 
called  the  Vermont  Turnpike  Road  leading  from  Rutland  South  west- 
erly to  Salem  Village  At  twenty  seven  Miles  a  Pine  board  Stake 
marked  M.  27.     At  twenty   seven  miles  and  sixty  Chains  to  the  top 


Boundaries  of  the  State  of  New  York.  85 

point  of  a  small  Rock  on  high  ground  South  twenty  five  Degrees  West 
twenty  two  Links  from  a  wild  Cherry  tree  marked  1813  Then  North 
ten  degrees  and  fifteen  minutes  East  At  twenty  Eight  Miles  a  point 
ten  links  West  of  a  Walnut  Sapling  marked  XXVIII  At  twenty  eight 
miles  and  ten  Chains  a  hewn  Marble  Stone  marked  on  the  West  side 
KE^8y4OBK  and  on  the  East  side  VKRM1°NT  and  set  up  on  the  South  west  side 
of  a  high  Way  leading  North  west  out  of  Rupert  into  Hebron.  At 
twenty  eight  Miles  thirty  five  Chains  and  fifty  Links  an  old  marked 
hard  maple  Tree.  Then  North  nine  degrees  and  fifteen  minutes  East 
At  twenty  Eight  Miles  fifty  five  Chains  and  twenty  Links  a  large 
hollow  black  Oak  Stump  then  North  Eight  degrees  and  forty  five 
minutes  East  At  twenty  nine  Miles  a  red  Oak  Stake  marked  M.  29. 
At  thirty  miles  a  point  twelve  Links  west  of  a  small  red  Oak  tree 
marked  M  30  At  thirty  miles  sixty  six  Chains  and  sixty  Links  a  hewn 
Marble  Stone  marked  on  the  West  side  NB^8*0EK  and  on  the  East  side 
Vermont  ^  set  Up  on  tjje  gotith  side  of  a  high  way  leading  out  of  Rupert 
into  Hebron  At  thirty  one  miles  a  red  oak  Stake  marked  M.  31  At 
thirty  two  miles  a  Shagbark  Walnut  Sapling  marked  M.  32  At  thirty 
two  miles  seventy  three  Chains  and  sixty  Links  a  Stake  and  Stones  at 
the  Northwest  corner  of  the  Town  of  Rupert  and  the  Southwest  corner 
of  the  Town  of  Pawlet  six  links  south  of  a  Beech  tree  marked  on  the 
West  side  New  York  and  on  the  East  side  Vermont  Then  North 
Eight  degrees  East  At  thirty  three  Miles  a  Cherry  Birch  Tree  marked 
M.  33.  At  thirty  three  miles  forty  two  Chains  and  Eighty  Links  a 
common  Stone  marked  iVon  the  West  side  and  F*on  the  East  side  and 
set  up  on  the  North  west  side  of  a  high  way  leading  out  of  Pawlet  into 
Hebron  At  thirty  four  miles  a  Sumack  Stake  marked  M.  34  on  the 
top  of  a  Rocky  Ridge  At  thirty  five  miles  a  soft  Maple  Sapling  Stump 
marked  M.  35  having  spi-outs  growing  out  of  it  at  the  Top  At  thirty 
five  miles  forty  three  Chains  and  twenty  Links  a  hewn  marble  Stone 
marked  on  the  West  side  NE™>BK  and  on  the  East  side  ^Su™  &  set  up 
on  the  North  west  side  of  a  high  way  leading  south  west  out  of  Pawlet 
into  Hebron  At  thirty  five  miles  fifty  three  Chains  and  fifteen  Links 
a  hewn  Marble  Stone  marked  on  the  west  NKW  yor^tate  link  an(j  on  t^e 
East  side  Vermont  state  line  and  Bet  up  on  the  South  wegt  gide  of  a  high 

way  leading  Northwest  out  of  Pawlet  into  Granville  At  thirty  six 
miles  a  wild  Cherry  Tree  marked  M.  36.  At  thirty  seven  miles  an  Iron 
wood  Stake  marked  M.  37.  At  thirty  seven  miles  thirty  seven  Chains 
and  fifty  Links  a  hewn  Marble  Stone  marked  on  the  West  side  NK"[8T4ORK 
and  on  the  East  side  VK™oNT  and  set  up  on  the  North  side  of  a  highway 
leading  out  of  Pawlet  westerly  into  Granville  At  thirty  eight  miles  a 
Walnut  Sapling  marked  M  38     At  thirty  nine  miles  a  point  twenty 


86  Copies  of  Documents  Relating  to  the 

Links  West  of  three  small  Elm  Trees  branching  from  one  trunk  about 
one  foot  above  the  ground  the  Southernmost  of  which  is  marked  M.  39 
At  thirty  nine  miles  Eleven  Chains  and  forty  Links  a  hewn  marble 
Stone  marked  on  the  West  side  ™WK  and  on  the  East  side  ""W1 
and  set  up  on  the  North  side  of  a  high  way  leading  from  Pawlet 
to  North  Granville  Village  At  thirty  nine  miles  twenty  four 
Chains  and  seventy  five  Links  a  White  Oak  Stake  and  Stones  on  the 
East  side  of  a  Stone  wall  at  the  North  West  corner  of  the  Town  of 
Pawlet  and  the  South  west  corner  of  the  town  of  Wells  five  Links 
West  of  a  large  flat  stone  laid  on  other  Stones  sunk  in  the  ground 
and  inscribed  on  both  sides  with  the  Letters  W.  P.  Then  North  seven 
degrees  and  thirty  minutes  East  —  At  forty  miles  a  soft  maple  stake 
marked  M.  40  At  forty  one  miles  a  large  flat  stone  set  in  the  ground 
and  marked  M.  41  At  forty  one  miles  twenty  five  Chains  and  fifty 
Links  a  hewn  marble  Stone  marked  on  the  West  side  NK^g[oEK  and  on  the 
East  side  ^gu™  an(i  8et  UP  on  tne  North  West  side  of  the  Turnpike 
Road  leading  from  Granville  to  Hubberton  At  forty  two  miles  a  point 
fourteen  Links  east  of  a  black  Ash  Sapling  in  a  Swamp  and  marked 
M.  42  At  forty  three  miles  a  red  Elm  stake  marked  M.  43.  South  of  a 
Hemlock  Tree  marked  in  like  manner  At  forty-four  miles  a  point  four 
Links  West  of  a  small  black  Birch  Tree  standing  on  level  ground  in 
woods  and  marked  M.  44  At  forty  five  miles  a  black  Ash  Tree  stand- 
ing in  a  swamp  and  marked  on  the  South  side  M.  45  on  the  West  side 
N.  Y.  and  on  the  East  side  V  At  forty  five  miles  and  thirty  one 
Chains  a  large  White  Pine  Tree  marked  on  the  South  side  0.  M. — 
A.  JET.  —  E.  M.  —  Wills  and  on  the  North  side  S.  B.  Poultney  October. 
1764  and  standing  at  the  Northwest  corner  of  the  Town  of  Wells  and 
the  Southwest  corner  of  the  Town  of  Poultney  &  Then  North  seven 
degrees  East  At  forty  six  miles  a  point  fifteen  Links  West  of  a  small 
Elm  Tree  marked  M.  46  At  forty  six  miles  five  Chains  and  Eighty 
Links  a  hewn  Marble  Stone  marked  on  the  West  side  NK^8J4ORK  and  on 
the  East  side  yEI|*t°NT  and  set  up  on  the  Side  of  a  high  way  leading  out 
of  Poultney  into  Hampton  And  at  forty  six  miles  forty  three  Chains 
and  fifty  Links  a  bunch  of  Hornbeam  Saplings  on  the  South  bank  of 
Poultney  River  the  Northernmost  of  which  is  marked  on  the  West 
side  1813  and  the  next  on  the  East  side  I.  B.  and  on  the  West  side 
W.  M.  M.  Whence  a  large  Butternut  Tree  bears  North  seventy  degrees 
West  thirty  Links  a  large  hard  Maple  Tree  South  two  Chains  and 
Eighty  six  Links  and  a  White  Ash  Tree  on  the  North  side  of  said 
River  North  Seventy  seven  degrees  East  All  which  courses  are  accord- 
ing to  the  present  Magnetic  Meridian  In  Testimony  whereof  the  said 
Commissioners  have  hereunto  set  their  hands  and  affixed  their  Seals  on 


Boundaries  of  the  State  of  New  York. 


87 


the  twenty-fifth  day  of  October  in 
Eight  hundred  and  fourteen 


Signed  and  sealed 
by  Simeon  DeWitt 

Joseph  Beeman  Junr 
and  Joel  Pratt  2d  in 
the  presence  of 

W¥.  M°  Manus 

Isaac  Loomis 
Signed  and  sealed  by  "1 
Henry  Olin  in  the        I 
presence  of 
William  Rhodes 
William  Stimston 
By  Smith  Thompson  and 
George  Tibbitts  In  presence  of  f 
Fabband  Stbanahan 

M.  V.  Buben 


the  year  of  our  Lord  one  thousand 


SMITH  THOMPSON 
SIMEON  DeWITT 


GEORGE  TIBBITS 
JOSEPH  BEEMAN  Ju 


HENRY  OLIN 


L.S. 
L.S. 


L.S. 
L.S. 


L.S. 


JOEL  PRATT  2d 


L.S. 


—  [Miscellaneous  Mies,  v.  4,  p.  1   (in  office  of  N.  Y.  Se'cy  of  State) ; 
Deeds,  v.  39,  p.  124;  Portfolio  Map,  No.  227. 


[State  of  Vebmont.] 

No.  201  —  An  Act  annexing  that  portion  of  the  town  of  Fair  Haven 
lying  west  of  Poultney  River  to  the  State  of  New  York. 

It  is  hereby  enacted  by  the  General  Assembly  of  the  State  of  Vermont ; 

Sec.  1.  All  that  portion  of  the  town  of  Fair  Haven,  in  the  county  of 
Rutland,  and  State  of  Vermont,  lying  westerly  from  the  middle  of  the 
deepest  channel  of  Poultney  river  as  it  now  runs,  and  between  the  mid- 
dle of  the  deepest  channel  of  said  river  and  the  west  line  of  the  State 
of  Vermont,  as  at  present  established,  is  hereby  ceded  and  relinquished 
to  the  State  of  New  York  in  full  and  absolute  right  and  jurisdiction. 

Sec.  2.  This  act  shall  not  take  effect  until  the  State  of  New  York 
shall  have  assented  to  the  same,  nor  until  the  same  shall  have  been 
approved  by  an  act  of  the  Congress  of  the  United  States. 

Approved,  November  27,  1876. 

Full  effect  was  given  to  the  foregoing  cession  by  Ch.  93  of  Laws  of 
New  York,  passed  March  20,  1879,  and  by  Ch.  49  of  the  Statutes  of  the 
46th  Congress,  2d  Session,  approved  April  7,  1880. 


88  Copies  of  Documents  Relating  to  the 


DETERMINATION    OF    THE    MASSACHUSETTS    AND    NEW 
YORK  JOINT  BOUNDARY  LINE. 


[In  Massachusetts  General  Court.] 

[November  19,  1719.] 

In  the  House  of  Represent™  Whereas  the  divisional  Line  and  Bound- 
ary between  this  Province  &  the  Province  of  New  York  have  never 
been  run,  marked  out  &  stated;  And  new  Plantations  are  issuing  forth 
from  that  Governing  as  well  as  this: 

Ordered,  that  Samuel  Thaxter,  William  Dudley  &  John  Stoddard  Esq" 
be  a  Committee  to  join  with  such  as  the  Governm*  of  New  York  shall 
appoint  to  run  and  settle  the  Divisional  Line  and  Boundary  between 
the  sd  Provinces,  Pursuant  to  their  respective  legal  grants. 

In  Council;  Read  &  Concurred, 

Consented  to. 
(Signed)     SAM'L  SHUTE. 

Commonwealth  of  Massachusetts, 
Secretary's  Department, 

Boston,  July  18,  1878. 

I  hereby  certify  that  the  foregoing  is  a  true  copy  from  the  Records  of 
the  General  Court  of  the  Province  of  the  Massachusetts  Bay  of  the  vote 
passed  Nov.  19'*  1719  in  relation  to  the  New  York  boundary  line. 

HENRY  B.  PEIRCE, 
Secretary  of  the  Commonwealth. 


8! 

The  General  Assembly  of  this  Province  have  past  a  Vote  that  the 
Divisional  line  between  this  Government  and  New  York  Shall  be  run 
according  to  their  respective  Legal  Grants  that  so  there  be  no  Trespass- 
ing from  or  on  either  Government,  and  have  appointed  a  Committee 
to  join  with  a  Committee  of  your  Province  for  that  Purpose ;  They  have 
likewise  requested  me  to  acquaint  your  Government  with  the  said  Vote 
and  to  desire  you  to  impower  and  Send  Comissioners  to  proceed  in  and 
proform  the  abovesaid  Service  as  soon  as  may  be  with  Convenience.  I 
must  therefore  pray  you  to  informe  me  wither  your  Government  think 
proper  to  join  with  us  and  what  Time  you  think  will  be  Suitable  for 
the  Performing  the  Said  Business.     I  am 

S'  Your  Humble  Servant 
Boston  Novr.  23:  1719.  SAMLL  SHUTE 


Boundaries  of  the  State  of  New  York.  89 

[Endorsement.]  —  3d  Dec.  1719    Reed  and  Referred  to  the  Considera- 
tion of  the  Court  of  this  Board  or  any  five  of  them. 

— [IT.  Y.  Col.  MSS.y  ixii.  33  ;  N.  Y.  Council  Minutes  (MS.),  v.  12,  p.  77. 


Saturday,  Novem^  26,  1726. 

In  Council  Ordered;  That  a  Message  be  sent  down  to  the  Honb."  House 
of  Representatives,  To  inform  them  that  in  y?  Recess  of  the  Court  His 
Honour  the  Lieut.  Govern'  receiv'd  from  His  Excell0?  William  Burnet 
Esq'  Govern'  of  New  York  a  Copy  of  a  Memorial  presented  to  him  by 
Divers  Inhabitants  of  the  said  Province  complaining  of  Settlements 
made  on  some  Land  of  which  they  claim  the  Property,  by  some  persons 
belonging  to  this  Province  with  a  Proposal  (which  he  makes)  That  no 
Innovations  be  made  on  the  Boundaries  of  the  Provinces  till  they  be 
settled  either  by  Agreement  or  by  Order  from  Home. 

And  that  his  Honour  had  by  Advice  of  the  Board  acquainted  Gov- 
ern' Burnet,  That  upon  meeting  of  the  General  Assembly  he  would  lay 
the  said  Memorial  and  proposal  before  them. 


Wednesday,  DecemT  28,  1726. 

The  Committee  of  the  Board  appointed  to  confer  with  a  Committee 
of  the  House  on  the  Subject  Matter  of  the  several  Votes  respecting  the 
Line  between  this  Governm*  &  the  Governm'  of  New  York  informed 
the  Board  that  they  had  attended  the  said  Conference  &  that  they  had 
proposed  an  Expedient  in  the  Matter,  in  which  they  supposed  the  two 
Houses  would  agree,  and  soon  after  the  Committees  Report  was  sent  up 
with  the  Vote  of  the  House  thereon ;  To  which  the  Board  agreed :  And 
the  said  Report  and  Vote  of  both  Houses  thereon  are  as  follows ;  viz, 

The  Committee  are  of  Opinion  that  Commissioners  be  appointed  on 
the  Part  of  this  Governm'  &  impowered  to  confer  with  such  Commis- 
sioners as  shall  be  appointed  by  the  Governm'  of  New  York  concerning 
the  Claims  of  Land  which  may  be  made  by  either  Goverm'  in  order  to 
have  the  Line  or  Boundary  settled  between  the  Provinces,  and  that  the 
meeting  of  the  Commissioners  may  not  prove  ineffectual,  that  they  come 
furnished  to  the  Conference  &  fully  pi-epared  &  produce  their  respective 
Grants,  Patents  or  any  other  papers  which  may  be  thought  proper  then 
to  be  produced  and  that  the  said  Commissioners  be  directed  to  report 
their  doings  to  the  Governments  respectively  in  Order  for  the  settling 
of  the  Boundaries  of  the  Provinces  as  aforesaid. 

By  order  of  the  Committee. 
Dec.  12,  1726.  NATHL  BYFIELD. 


90  Copies  of  Documents  Relating  to  the 

Read  and  Ordered  that  this  Report  be  accepted,  &  that  all  Persons 
belonging  to  this  Province  be  prohibited  from  making  any  further  set- 
tlements near  the  Dividing  Line  between  the  two  Provinces  till  the 
further  Order  of  this  Court,  and  that  all  actions  already  commenced 
against  the  People  residing  at  Housatannuck  cease,  &  they  be  put  to  no 
further  Trouble  in  the  Law  till  this  Affair  be  settled,  Provided  the  Gov- 
erning of  New  York  give  the  like  Orders  to  the  Inhabitants  of  that 
Province,  and  that  His  Honour  the  Lieuten*  Govern1:  be  desired  to  agree 
with  His  Excellency  Governor  Burnet  as  to  the  Place  of  the  Commis- 
sion1*!'  Meeting;  the  number  of  the  Commissioners  to  be  three. 

Consented  to,  W¥  DUMMER. 


Commonwealth  op  Massachusetts, 
Secretary's  Department, 

Boston,  Aug.  16,  1878. 

I  certify  the  foregoing  to  be  true  extracts  from  the  Records  of  the 
General  Court  of  Massachusetts. 

HENRY  J.  COOLIDGE, 
Deputy  Secretary  of  the  Commonwealth. 


[In  N.  Y.  Council.] 

March  2,  1726/7 

*  *  *  * 

His  Excellency  communicated  to  the  Board  the  paragraph  of  a 
Letter  from  the  Lieutenant  Governour  of  Boston  to  his  Excellency 
dated  the  ninth  of  January  last  in  answer  to  his  Excellency's  Letter  to 
the  said  Governour  and  the  petition  of  some  of  the  Inhabitants  of  New 
York  to  his  Excellency  respecting  their  Lands  at  Westenhook. 

His  Excellency  Likewise  communicated  to  the  Board  the  Resolu- 
tions of  the  Assembly  of  the  Massachusets  Bay  thereupon  in  order  to 
have  the  Lines  run  between  this  Province  and  that  Colony. 

Whereupon  it  is  the  Opinion  of  this  Board  that  a  Copy  of  the  said 
Resolutions  be  sent  to  some  of  the  patentees  of  Westenhook  residing 
at  Albany  in  order  for  their  observations  thereon. 

*  *  *  t       * 

— [JV.  Y.  Council  Minutes  (MS.),  v.  15,  p.  135. 


April  13,  1727. 
*  *  *  * 

Upon  his  Excellency  Laying  before  the  Board  the  answer  of  the 
patentees  of  Westenhook  to  the  Resolutions  of  the  Assembly  of  the 


Boundaries  of  the  State  of  New  York.  9L 

Massachusetts  Bay  of  the  23*  of  November  Last  transmitted  to  them 
the  2\  of  March  with  the  minute  of  this  Board  thereupon,  And  the  said 
Patentees  having  not  made  any  Objections  against  the  said  Resolutions, — 

It  is  Ordered  by  this  Board  that  all  Persons  concern'd  belonging  to 
this  Government  be  prohibited  from  making  any  further  Settlements 
near  the  Dividing  Lines  between  the  two  Provinces,  and  that  all  actions 
already  Commenced  against  any  of  the  people  residing  at  Westenhook 
cease  and  they  be  put  to  no  further  trouble  in  the  Law  untill  the  further 
order  of  this  Government. 

Ordered  that  the  Patentees  of  Westenhook  be  served  with  a  Copy 
of  this  Order. 

It  is  the  Opinion  of  this  Board  that  the  Setling  the  boundarys  between 
the  two  Provinces  and  naming  Commission™  be  deferred  till  the  Siting 
of  the  Assembly  of  this  province  that  provision  may  be  made  for  that 
Service 

It  is  the  desire  of  this  Board  that  his  Excellency  acquaint  his  honour 

the  Lieutenant  Governour  of  Boston  that  this  Government  has  made 

the  aforesaid  order 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  v.  15,  p.  139. 


[In  General  Assembly.] 


October  4,  1727. 


Mr.  Bobin,  by  his  Excellency's  Order,  laid  before  this  House,      *      * 
A.  Copy  of  the  Resolves  of  the  Assembly  of  the  Colony  of  the  Massa- 

chusets-Bay,  concerning  the  Division   Line   between  the  Province  of 

New  York  and  that  Colony;  dated  the  23d  of  November  1726,  which 

were  read. 

Ordered,  That  the  said  Copies  be  referred  to  the  Committee  of  the 

Whole  House,  when  those  Matters  of  his  Excellency's  Speech,  are  by 

them  taken  into  Consideration. 

*  *  *  * 

— [N  Y.  Gen.  Assembly  Journal,  p.  559. 

November  24,  1727. 
Mr.  Livingston,  from  the  Committee  of  the  Whole  House,  to  con- 
sider of  his  Excellency's  Speech,  reported,  that  they  had  come  to  the 
following  Resolutions  and  Opinions  upon  the  remaining  Part  thereof; 
which  being  read,  were  agreed  unto  by  the  House,  and  are  as  follows, 
to  wit. 


92  Copies  of  Documents  Relating  to  the 

As  to  the  settling  of  the  Partition  and  Division  Limits,  between  this 
and  the  neighbouring  Colonies  y  Resolved,  That  the  same  shall  be  taken 
into  Consideration,  at  the  next  Meeting  of  this  Mouse,1  though  they  are 
in  the  mean  while  of  Opinion,  that  particular  Directions  and  Instruc- 
tions, ought  to  be  had  from  his  Majesty,  before  we  adventure  to  settle  the 
Partition  Line,  betwixt  this  Colony  and  that  of  the  Massachusets, 
because  the  Concessions  made  to  Connecticut,  cannot  be  held  as  a 
Rule,  for  as  much  as  Massachusets  is  vastly  broader  where  they  border 

upon  us. 

*  *  *  * 

— [iV^  Y.  Gen.  Assem.  Journal,  p.  571. 


[Massachusetts  General  Court  Records.] 
Wednesday  ) 

March  10.  1730.  [O.  S.Jj"  In  the  House  of  Represent1'."  Whereas 
sundry  Disputes  &  Differences  have  of  late  risen  between  some  of  the 
Inhabitants  of  this  Province  &  of  the  Province  of  New  York  respecting 
the  Boundary  between  this  Province  &  that  (near  Housatanuck  or 
Wesson  Hook  so  called)  the  settlem'  whereof  is  necessary.  Ordered 
that  the  Hon"1.68  Elisha  Cook  &  John  Stoddard  Esq™  &  M^  Samuel 
Welles  with  such  as  shall  be  joined  by  the  Honb!e  Board  be  &  hereby 
are  appointed  Commissioners  in  behalf  of  this  Government  to  meet 
Commissioners  from  the  Governm'  of  New  York  for  compromising  the 
said  Affair,  &  with  them  to  agree  upon  finally  settle  the  said  Boundary 
or  dividing  Line:  and  their  Conclusions  &  Agreemf  signed,  sealed  and 
perfected  with  the  said  Commiss™  of  the  Province  of  New  York,  shall 
be  for  ever  deemed  &  held  good  &  valid  by  this  Governm'  Provided 
the  said  Power  be  given  by  the  Province  of  New  York  to  their  Com- 
missioners. And  that  all  Processes  in  the  Law  against  any  Person  or 
Persons  that  border  on  the  said  Line  for  Rates  &  Taxes  to  either  Gov- 
ern m'  be  suspended  in  the  meantime;  Provided  that  the  Governm'  of 
New  York  give  the  like  Order  on  their  part;  Report  to  be  made  of  the 
Proceedings  herein  to  this  Court. 

In  Council;  Read  &  Concurred;  &  Samuel  Thaxter  &  John  Chandlei 
Esq"  are  joined  in  the  Affair:  Consented  to  J.  BELCHER. 

— [JV.  Y.  Col.  MS&,  lxix,  116. 

Commonwealth  of  Massachusetts, 
Secretary's  Department, 

Boston,  August  20,  1878. 

A  true  extract  from  the  General  Court  Records  of  Massachusetts. 

HENRY  J.  COOLIDGE, 

Deputy  Secretary  of  the  Commonwealth. 

1  No  attention  seems  to  have  been  given  to  this  subject  at  the  next  Session  of  the 
General  Assembly.  —  [P. 


Boundaries  of  the  State  of  New  Yohk.  93 

[In  N.  Y.  Council.] 

September  3,  1731. 
*  *  *  * 

His  Honour  the  President  [Rip  Van  Dam]  Communicated  to  the 
Board  a  Letter  from  the  Governour  of  Boston  dated  the  5th  of  July  last 
&  directed  to  his  late  Excellency  Gouvernour  Montgomery 3  Deceased 
Setting  forth  his  having  transmitted  to  his  Said  late  Excellency  An  Act 
of  Assembly  of  that  Province  for  Settling  the  Line  betwixt  that  Govern- 
ment and  this 

Which  Letter  having  been  read  It  is 
Ordered,  that  the  Same  be  laid  before  the  Assembly 
— [N.  Y.  Legis.  Council  Journal,  p.  604. 


[In  General  Assembly.] 

Sept.  8,  1731. 
*  *  *  * 

The  Deputy  Clerk  of  the  Council  brought  from  the  President  and 
and  Council  a  Letter  from  his  Excellency  Jonathan  Belcher,  Esq; 
Governor  of  the  Massachusetts,  to  our  late  Governor  John  Montgomerie, 
Esq;  dated  in  Boston,  the  5th  of  July  last,  relating  to  the  settling  of  a 
Partition  Line  between  that  Government,  and  this,  which  being  read; 

Ordered,  That  the  same  lie  on  the  Table  for  the  Membei*s  to  peruse. 


[In  Massachusetts  General  Court.] 

[December  9,  1732.] 
In  Council;  Whereas,  sundry  Disputes  and  Differences  have  arisen 
between  this  Province  and  the  Province  of  New  York,  respecting  the 
boundary  or  dividing  Line  between  us:  a  settlement  whereof  is  necessary: 
Ordered  that  Sam'l  Thaxter  and  William  Dudley  Esq''  with  such  as 
shall  be  joined  by  the  Honb.le  House  of  Represent?"  be  &  hereby  are 
appointed  Commission'8  on  behalf  of  this  Governm'  to  meet  Commis- 
sion? from  the  Governm'  of  New  York  for  compromising  in  s**  affair 
Sc  with  them  to  agree  upon  &  finally  settle  the  s*  boundaries  &  to 
appoint  suitable  persons  for  running  &  marking  the  same  &  their  Con- 
clusion signed  sealed  and  perfected  with  the  s*  Commissioners  of  the 
province  of  New  York  shall  be  forever  deemed  and  held  good  &  valid 
by  this  Governm!  provided  the  like  power  be  given  by  the  sd  Governm! 
of  New  York  to  their  Commission?  &  that  the  s*  Conclusions  of  the  sd 


94  Copies  of  Documents  Relating  to  the 

Boundary  be  made  within  the  Term  of  eighteen  months  from  this  Date. 
Report  to  be  made  of   the   proceedings   therein   as  soon  as  may  be. 

In  the  House  of  Represent*?8  Read  &  Concurred,  &  Elisha  Cooke, 
John  Wain wright  &  John  Stoddard  Esq?  are  joined  in  the  affair. 

Consented  to  — J.  BELCHER. 


Tuesday,  March  18,  1739. 

In  the  House  of  Represent"?"  Ordered  that  Ebenezer  Pomroy,  Joseph 

Dwight  and  William  Pynchon  Esq"  with  such  as  shall  be  joined  by  the 

Honb.le  Board,  be  and  hereby  are  appointed  Commissioners  on  behalf  of 

this  Province  to  meet   Commissioners  from  the  Government  of  New 

York  for  compromising  the  affair  of  the  Boundary  Line  between  the 

two   Governments,  and  with  them   to   agree  upon   Preliminaries,  and 

finally  to  settle  the  said  Boundaries  and  to  appoint  suitable  persons  for 

running  and   marking  the  same ;    and   the   Determination  of  the  said 

Commissioners  or  the  major  part  of  them,  signed,  sealed  and  perfected 

with  the  said  Commissioners  of  the  Province  of  New  York  or  the  major 

part  of  them,  shall  be  forever  deemed   and  held  good  and  valid  by  this 

Government:  Provided  the  like  power  be  given  by  the  said  Government 

of  New  York  to  their  commissioners,  and  the  determination  of  the  said 

Boundaries  be  made  within  the  term  of  eighteen  months  from  this  date. 

Report  to  be  made  of  the  proceedings  herein  as  soon  as  may  be. 

In  Council:  Read  and  Concur'd  and  John  Stoddard,  William  Dudley 
and  Jacob  Wendell  Esq"  are  joined  in  the  affair. 

Consented  to 

J.  BELCHER, 

Commonwealth  of  Massachusbts, 
Secretary's  Department, 

Boston,  Aug.  15,  1878. 
I  certify  the  foregoing  to  be  true  extracts  from  the  Records  of  the 
General  Court  of  Massachusetts. 

HENRY  B.  PEIRCE, 
Secretary  of  the  Commonwealth. 


[Lieut. -Gov.  Clarke  to  the  Lords  op  Trade.] 

New  York  May  24,  1739. 
My  Lords 

*  *  *  * 

I  lately  received  a  letter  from  Mr.  Belcher  the  Governor  of  the  Masa- 

thusets  with  a  resolve  of  their  Assembly  concerning  the  ascertaining  the 

boundaries  between  the  two  Provinces  with  my  answer  thereto  all  which 

I  inclose  that  being  as  much  as  the  Council  thought  I  could  say  at  pre- 


Boundaries  of  the  State  of  New  York.  95 

sent  and  I  expected  Mr.  Belcher  would  wait  till  I  had  laid  it  before  the 
Assembly  and  that  they  had  provided  for  the  expence  on  our  part  and 
hoped  to  have  heard  from  him  in  answer  to  my  letter,  but  I  have  as  yet 
received  none,  on  the  contrary  without  staying  for  the  sitting  of  our 
Assembly  several  people  of  their  Colony  have  gone  within  16  miles  of 
Hudsons  river  near  Albany  with  a  Surveyor  to  lay  out  some  lands  (for 
one  or  more  Townships)  as  I  am  informed  some  of  which  were  granted 
by  the  Governor  of  this  Province  in  the  year  1088  and  some  of  them 
purchased  of  the  Indians  by  lycence  from  Govr  Montgomery  and  now 
too  granted,  the  owners  of  those  lands  hearing  what  the  New  England 
people  were  doing  went  on  the  spot  and  forbad  them.  The  Indians 
who  had  sold  the  lands  to  our  people  drove  the  Surveyor  and  those  who 
were  with  him  away  being  exasperated  at  the  New  England  men  who 
without  any  purchase  pretended  to  survey  those  lands  If  the  New 
England  people  have  formerly  taken  such  steps  I  am  not  surprized  that 
they  have  drawn  upon  themselves  bloody  and  Indian  Warrs,  our  method 
is  very  different  from  that  we  never  grant  lands  until  they  have  been 
bought  of  the  Indians  and  until  deeds  are  executed  by  them  and  those 
deeds  laid  before  the  Gov1'  and  Council 

I  wish  with  all  my  heart  that  our  boundaries  were  settled,  but  in 
order  to  do  that  I  conceive  I  must  not  only  be  assisted  with  money 
by  the  Assembly  but  I  must  have  an  instruction  from  his  Majesty 
for  that  purpose  and  untill  the  boundaries  are  settled  I  presume  to  hope 
your  Lordships  will  think  it  proper  to  obtain  his  Majty'*  order  forbid- 
ding any  future  surveys  or  settlements  to  be  made  by  the  New  England 
people  on  their  frontiers  towards  this  Province  for  if  they  go  on  to  settle 
it  will  be  more  difficult  on  a  treaty  to  throw  them  back  to  their  proper 
bounds,  and  the  more  they  encroach  the  more  quite  rents  will  the  King 
lose  in  this  Province  and  in  truth  my  Lords  I  doubt  whether  the  New 
Engand  people  really  desire  to  have  their  limitts  ascertained  since  they 
serve  them  selves  in  this  manner  without  it,  for  this  is  not  the  first  time 
they  have  made  the  same  request  as  the  Gov"  of  this  Province  and 
then  without  waiting  have  made  out  lands  and  settled  them  I  mean 
some  lands  which  many  years  before  been  granted  here,  besides  they 
well  know  too  that  the  Assemblys  of  this  Province  are  averse  to  the 
giving  of  money  for  such  purposes  as  the  lands  are  the  Kings  and  not 
theirs,  and  therefore  think  they  may  safely  go  on  without  fearing  to  be 
disturbed  by  our  and  their  fixing  the  boundaries  however  they  ought 
to  beware  of  provoking  the  Indians  by  taking  their  lands  either  by 
fraud  or  force  lest  they  begett  a  new  warr  with  them  which  in  its  con- 
sequences may  effect  us. 

*  *  *  * 

Geo:  Clark. 
— [N.  T.  Col.  Docs.,  vi,  143. 


96  Copies  of  Documents  Relating  to  the 

[In  N.  Y.  Council  and  General^Assembly.] 

August  29,  1739. 
Gentlemen. 

*  *  *  * 

The  Governor  of  the  Province  of  the  Massachusetts  Bay  having  sent 
me  a  vote  of  the  Assembly  of  that  Province  and  wrote  to  me  himself 
Signifying  his  and  their  Desire  to  have  the  boundarys  of  the  two 
provinces  Settled  by  Commissioners  I  now  lay  those  papers  before  you 
Hoping  that  you  will  enable  me  to  defray  the  Expence  of  that  work  on 
the  part  of  this  province  That  the  people  of  the  Massachusetts  may 
be  confined  within  their  proper  Bounds  The  Peace  on  the  ffrontiers 
preserved  and  the  Inhabitants  of  those  parts  know  more  precisely  to 
whom  they  owe  their  obedience,  If  you  do  this  it  will  be  necessary 
that  a  Law  be  past  in  each  province  to  make  the  agreement  of  the 
Commissioners  conclusive  to  both  and  when  I  know  your  Resolutions  I 
will  write  to  the  Governor  of  the  Massachusetts  upon  it 

*  *  *  * 

Geo  Clarke 

Ordered,  [In  Council]  That  His  Honour's  Speech  be  taken  into  Con- 
sideration at  the  next  meeting l  *  *  * 
— [AC  Y~.  JLegis.  Council  Journal,  p.  732. 


[Lords  of  Trade  to  Lieut.-Gov.  Clarke.] 
To  Geo.  Clarke  Esq^ 

Sir, 

*  *  *  * 

We  have  under  our  consideration  what  you  mention  in  Your  last  of 
May  24"1  1739  concerning  the  Boundaries  of  Your  province,  and  as  it  is 
our  Opinion  that  the  people  of  the  Massachusetts  Bay  have  been  too 
hasty  in  this  affair,  We  have  wrote  to  the  Governor  to  have  it  adjusted 
in  an  amicable  way  by  Commiss™  agreable  to  his  own  proposals  and  in 
the  mean  time  to  take  care  to  prevent  any  inconveniences  that  might 
arise  to  either  of  the  Colonies  by  any  Disputes  about  it. 

*  *  *  * 

Whitehall 

Sepbr  y"  7,h  1739. 

—[N.  Y.  Col.  Docs.,  vi,  149. 

1  This,  however,  was  not  done,  and  the  Session  was  soon  thereafter  brought  to 
an  end. —[P. 


Boundaries  of  the  State  of  New  YoAk.  97 

[In  General  Assembly.] 

Oct.  2,  1739. 

Mr.  Speaker,  by  the  Recommendation  of  the  Lieutenant  Governor, 
communicated  to  the  House,  a  Letter  from  Jonathan  Belcher,  Esqr 
Governor  of  the  Massachusetts,  to  his  Honour,  dated  the  17th  of 
September  last;  which  being  read, 

Ordered,  That  the  same  be  entered  at  large  in  the  Journal  of  this 
House,  and  then  returned  to  his  Honour,  being  in  the  Words  follow- 
ing, viz. 

SIR, 

This  Post  favours  me  with  Your's  of  the  10th  Instant,  where  I  find 
your  Honour  had  recommended  the  Affair  of  the  Boundaries  between 
this  Province  and  New-  York,  to  your  Assembly ;  and  that  you  hoped, 
they  would  enable  you  to  defray  the  Expences  of  it,  and  you  would 
then  appoint  Commissioners;  But  that  you  thought  they  would  give 
their  first  Attention,  to  the  putting  your  Province  into  a  Posture  of 
Defence;  as  what  I  have  now  wrote  your  Honour  is  not  a  new  Thing, 
but  what  I  have  in  the  Course  of  nine  Years  past,  been  urging  on  one 
Governor  and  another  at  New-  York,  I  hope  your  Assembly  will  not 
rise,  without  coming  into  what  this  Province,  have  so  reasonably  and  so 
long  requested  of  your  Government;  as  I  would  by  no  Means  counte- 
nance any  Intrusions  on  the  King's  Lands,  so  neither  would  I  dis- 
courage any  of  his  Majesty's  good  Subjesty's  of  this  Province,  from 
settling  the  Laud  granted  them  by  the  Crown,  for  more  than  a  Century 
past;  and  if  after  so  many  Applications  from  this  Government,  to  that 
of  New-  York,  for  an  Amicable  Adjustment  of  the  Boundaries  betwixt 
them,  they  will  not  be  persuaded  to  do  what  is  so  reasonable,  and  to 
preserve  Peace  and  good  Neighborhood;  your  People  must  be  answer- 
able, if  any  Inconveniences  issue  upon  this  Governments  proceeding 
to  settle  such  Lands,  as  they  judge  they  have  a  just  Right  to;  the 
Assembly  of  this  Province  is  to  sit  the  19th  Instant,  and  may  so  con- 
tinue, while  I  may  have  your  Answer;  I  would  therefore  again,  desire 
your  Honour  to  press  your  Assembly  to  comply  with  what  you  have 
moved  to  them  upon  this  Head. 

I  am,  Sir, 
Your  Honour's  most  obedient 
Most  humble  Servant, 
Boston,  Sept.  17,  1739.  J.  BELCHER. 

— \N.  Y.  Gen.  Assem.  Journal,  p.  762. 
7 


98  Copies  of  Documents  Relating  to  the 

[In  Council.] 

December  17,  1*739. 

*  *  *  * 

His  Honour  laid  before  the  Board  a  Letter  to  him  from  Governor 
Belcher  of  the  third  December  instant,  which  he  wrote  at  the  request 
of  the  Assembly  there,  respecting  an  adjustment  to  be  made  of  the 
Boundaries  betwixt  that  Province  and  this  ;  which  having  been  read  & 
considered  of,  The  Council  advised  his  Honour  to  return  for  Answer, 
That  he  had  laid  that  Affair  before  the  Assembly  but  they  have  done 
nothing  in  it;  The  Council  wei-e  of  Opinion  that  his  Honour  do  write 
to  the  Governor  of  Boston  to  appoint  Commissioners  for  that  Province 
to  meet  those  whom  his  Honour  should  appoint  on  the  part  of  this 
Province  for  the  adjusting  and  finally  settling  the  Limitts  and  Bound- 
aries of  both  Provinces.  And  that  the  meeting  of  the  Commissioners 
for  both  Provinces  be  about  the  middle  of  June  next  at  Albany  as  a 
Place  being  the  most  Convenient  &  most  equidistant  from  both. 

— [JV.  Y.  Council  Minutes  (M/S.),  v.  19,  p.  54. 


[Lieut.-Gov.  Clarke  to  the  Lords  of  Trade.] 

New  York  Jan  :  28.  17^ 
My  Lords 

I  have  writ  to  the  Governour  of  the  Massathusets  Bay  about  appoint- 
ing Commissioners  to  settle  Preliminarys  for  before  we  proceed  to  the 
actual  running  of  the  lines,  if  any  are  to  be  run,  their  pretensions 
ought  to  be  examined,  I  have  named  Albany  for  the  place  of  meeting 
as  being  near  equal  distance  from  Boston  and  New  York,  and  have 
proposed  the  middle  of  next  June  to  be  the  time,  this  1  did  not  only  as 
the  Commissioners  whom  I  shall  appoint1  will  act  on  the  behalf  of  His 
Majesty,  theirs  for  the  proprietors  of  the  Soil  of  that  Colony  but  like 
wise  because  their  is  no  provision  yet  made  by  the  Assembly  of  this 
Province  for  the  expence  now  at  the  time  of  meeting  which  I  have  pro- 
posed two  of  them  I  shall  appoint  being  Judges  of  the  Supreme  Court 
must  be  at  Albany  on  their  Circuit,  and  are  willing  to  act  in  this  affair 
without  any  reward,  as  yet  I  have  not  heard  from  Mr.  Belcher  tho  it  is 
above  five  weeks  since  I  writ  to  him. 


Geo:  Clarke. 
-[J\T.  Y  Col.  Docs.,  vi,  159. 

1  We  find  no  evidence  that  such  Commissioners  were  actually  appointed.  —  [P. 


Boundaries  of  the  State  of  New  York.  99 

[In  Council.] 

April  24,  1 740. 

His  Honor  laid  before  the  Board  a  Vote  of  the  House  of  Representa- 
tives of  the  province  of  the  Massachusetts  Bay,  appointing  Commis- 
sioners on  the  part  of  that  province  to  meet  Commissioners  on  the  part 
of  this  for  compromising  the  affair  of  the  boundary  line  between  the 
two  Governments  and  the  Determination  of  the  said  Commissioners  or 
the  Major  part  of  them  signed,  sealed  and  perfected  with  the  Commis- 
sioners of  the  province  of  New  York  or  the  Major  part  of  them  should 
be  for  ever  deemed  &  held  good  and  valid  by  that  Government  provided 
the  like  power  be  given  by  the  Governin'  of  New  York  to  their 
Commissioners 

which  having  been  read  The  Council  are  of  opinion  that  as  the 
Soil  of  this  province  belongs  to  his  Majesty  His  Honor  cannot  grant 
any  power  to  the  Commissioners  of  this  province  to  make  any  agreen'' 
the  Comm"  shall  enter  into  conclusive  untill  the  same  shall  have  first 
reced  his  Majesties  approbation. 

*  *  *  * 

— [A7.  Y  Council  Minutes  (J/&),  v.  19,  p.  67. 


May  4,  1752. 

*  *  *  * 

The  petition  of  Robert  Livingston  Jun'  Esqf  Owner  and  proprietor  of 
the  Manor  of  Livingston,  lying  in  the  County  of  Albany  within  this 
province,  Setting  forth  (among  other  things)  that  he  has  lately  met  with 
several  Disturbances  by  person's  belonging  to  the  province  of  Massa- 
chusetts Bay,  surveying  and  locating  part  of  his  said  Manor,  by  order 
of  a  Comittee  of  the  General  Court  of  that  Colony,  under  pretence  of 
its  lying  within  the  said  Colony.  And  praying  his  Excellency  to  cause 
Application  to  be  made  to  the  said  General  Court,  that  they  may  not 
agree  to  the  Transactions  of  the  said  Committee,  and  that  all  further  pro- 
ceedings in  the  premisses  be  stayed,  until  the  true  division  Line  be  setled 
between  the  two  Colonies.  And  that  his  Excellency  would  issue  his 
Orders  to  the  Justices  of  the  peace  in  and  near  the  said  Manor,  to  cause 
such  person  or  persons  as  shall  (till  such  Settlement)  under  the  pretence 
aforesaid,  disturb  the  petitioner  in  his  said  possession,  to  be  appre- 
hended and  committed,  and  to  give  such  other  Relief  in  the  premises  as 
shall  be  thought  meet. 

Ordered  that  Copies  of  the  said  petition  be  served  on  the  Surveyor 
General  and  the  Attorney  General  of   this  province,   and  that  they 


100  Copies  of  Documents  Relating  to  the 

seperately  make  Report  to  his  Excellency  what  they  think  Expedient 
to  be  done  thereupon.         *  *  * 

— [JV.  Y  Council  Minutes  (MS.),  v.  23,  p.  25. 


July  3,  1752. 

The  Surveyor  General's  and  the  Attorney  General's  ReportsMn  pursu- 
ance of  the  Order  of  Council  the  4th  May  last  referring  to  them  the  Con- 
sideration of  the  petition  of  Robert  Livingston  Junr.  Esq1!  were  Read. 

Also  a  Petition  of  the  Owners  and  proprietors  of  a  Tract  of  Land 
called  Westenhook,  granted  by  Letter  Patent  under  the  Seal  of  this 
province,  bearing  date  the  6th  day  of  March  1705,  Setting  forth,  That 
in  the  year  1726  after  several  Letters  had  passed  between  the  then  Gov- 
ernour  of  this  pi*ovince,  and  the  Colony  of  Massaclmsets  Bay,  It  was 
ordered  and  agreed  by  both  Governments,  That  all  persons  belonging 
to  either  Government,  should  be  prohibited  from  any  further  Settlement 
near  the  dividing  Line  between  the  two  provinces,  and  that  all  Actions 
then  commenced  against  any  of  the  people  residing  at  Westenhook 
or  Housatannuck,  should  cease,  and  they  be  put  to  no  further  Trouble 
in  the  Law  until  the  said  Affair  should  be  setled.  That  the  Petitioners 
had  accordingly  complyed  with  the  said  Injunction,  But  that  the 
Inhabitants  of  the  Massachusets  Bay,  did,  not  long  after,  settle  in 
great  numbers  at  Westenhook,  and  have  since  continued  in  Possession 
thereof,  without  any  disturbance  from  the  petitioners,  or  those  under 
whom  they  claim.  That  no  further  Steps  have  been  taken  since 
towards  setting  the  said  division  Line.  And  therefore  praying  that 
such  Measures  may  be  concerted  for  the  final  Settlement  thereof  and 
such  Relief  granted  to  the  Petitioners  as  may  be  thought  meet. 

Ordered  that  the  said  two  Reports  and  Petitions  be  referred  to  a 
Committee  of  this  Board  and  that  they  make  Report  with  all  convenient 
speed  what  they  think  expedient  to  be  done  thereupon. 

*  *  *  * 

— [JV.  Y.  Council  Minutes  (MS.)y  v.  23,  p.  34. 


March  2,  1753. 
*  *  *  * 

Mr  Chief  Justice  De  Lancey  Chairman  of  the  Committee  to  whom 
was  referred  the  Petitions  of  Robert  Livingston  Jun?  Esqy,  and  the 
Partners  of  Westenhook,  and   the   Surveyor   General's  and  Attorney 

'For  a  copy  of  these  reports,  see  N.  T.  Doc.  Hist.,  iii,  437  (4°  ed.);  730  (8°). 
Other  papers  relating  to  Livingston  Manor,  and  the  serious  disturbances  often 
referred  to  in  these  records,  may  be  consulted  in  that  volume. — [P. 


Boundaries  of  the  State  of  New  York.  101 

General's  Reports  thereupon:  Presented  to  his  Excellency  the  Com- 
mitteee's  Report  on  the  Matters  referred  to  them,  Which  was  read  at 
the  Board,  and  on  the  question  being  put,  agreed  to  and  approved  of 
And  ordered  to  be  Entered  in  the  Minutes  Which  Report  is  as  fol- 
lows: viz' 
May  it  please  your  Excellency 

In  obedience  to  your  Excellency's  Order  in  Council  of  the  3*  day  of 
July  last,  referring  to  a  Committee  thereof,  the  Petitions  of  Robert 
Livingston  JunT  Esq?,  and  of  the  Owners  ot  a  certain  Tract  of  Land 
called  Westenhook,  complaining  of  new  Claims  and  Encroachments 
made  upon  their  Lands,  by  the  Inhabitants  of  the  Massachusetts-Bay; 
And  also  the  Surveyor  General's  and  the  Attorney  General's  Reports 
on  the  said  two  Petitions,  The  Committee  having  maturely  weighed 
and  considered  of  the  same,  humbly  beg  leave  to  report  to  your 
Excellency. 

1st  That  they  apprehend  the  Claims'  of  the  Massachusetts  Bay,  to  the 
Manor  of  Livingston  or  the  said  Tract  of  Land  called  Westenhook, 
cannot  be  well  founded,  Because  they  find  That  the  Dutch  claimed  the 
Colony  of  New  Netherland  as  exteuding  from  Cape  Cod  to  Cape  Cor- 
nelius now  called  Cape  Henlopen  Westward  of  Delaware  Bay  along  the 
Sea  Coast,  and  as  far  back  into  the  Country  as  any  of  the  Rivers  within 
those  Limits  extend:  And  that  they  were  actually  possessed  of  Con- 
necticut River,  long  before  any  other  European  People  knew  any  thing 
of  the  Existence  of  such  a  River,  and  were  not  only  possessed  of  the 
Mouth  of  it,  where  they  had  a  Fort  and  Garison,  but  discovered  the 
River  above  a  hundred  miles  up,  had  their  People  trading  there,  And 
purchased  of  the  Natives  almost  all  the  Lands  on  both  sides  of  the  said 
River. 

2a.  That  Governour  Stuyvesant  the  Dutch  Governour  of  the  said 
Province,  by  his  Letter  dated  the  2*  of  September  1664  New  Stile, 
In  answer  to  a  Letter  from  Governour  Richard  Nicholls  of  the  |$ 
August  preceding,  demanding  the  surrender  of  all  the  Forts  and  Places 
of  Strength  possessed  by  the  Dutch,  under  his  (Governour  Stuyvesant's) 
Command,  Writes  as  follows.  — 

''Moreover  it's  without  dispute,  and  acknowledged  by  all  the  World, 
"  that  our  Predecessors  by  virtue  of  the  Commission  and  Patent  of  the 
"  said  Lords  the  States  General,  have  without  controul  and  peaceably 
"  (the  contrary  never  coming  to  our  Knowledge)  enjoyed  Fort  Orange 
"about  48  or  50  years;  and  Manhatans  about  41  or  42  years;  the 
"South  River  40  years;  and  the  fresh  River  about  36  years."  Which 
last  mentioned  River,  the  Committee  find  to  be  the  same  that  is  now 
called  Connecticut  River. 


102  Copies  of  Documents  Relating  to  the 

3*  That  the  said  Governour  Stuyvesant  did  in  the  year  1664,  sur- 
render all  the  Country,  which  the  Dutch  did  then  possess,  to  King 
Charles  the  second ;  and  that  the  States  General  made  a  Cession  thereof 
by  the  Treaty  of  Breda  in  the  year  1667.  That  the  Dutch  reconquered 
part  of  this  Province  in  1673,  and  surrendered  and  absolutely  yielded 
it  to  King  Charles  the  Second  in  1673/4  by  the  Treaty  of  London; 
And  that  in  the  year  1674  King  Charles  granted  to  the  Duke  of  York 
All  the  Land  between  Connecticut  River  and  Delaware  Bay,  the  whole  of 
those  Lands,  being  part  of  the  then  former  Colony  of  New  Netherland. 

4*?  That  the  Duke  of  York  in  his  several  Commissions  to  Major 
Edmond  Andross  on  the  1?  of  July  1674,  and  to  Governour  Dongan  on 
the  30th  September  1682,  among  other  Descriptions  of  the  Boundaries 
of  this  Province,  mentions,  All  the  Land  from  the  West  side  of  Con- 
necticut River  to  the  East  side  of  Delaware  Bay.  That  their  Majesty's 
King  William  and  Queen  Mary,  by  their  Commission  bearing  date  the 
fourth  day  of  January  in  the  first  year  of  their  Majesty's  Reign, 
appointed  Henry  Sloughter  to  be  Governour  of  the  Province  of  New 
York  and  Territories  depending  thereon;  the  Boundaries  whereof  to 
Connecticut  River  on  the  East,  were  notorious  by  the  Grant  and  other 
Commissions  aforesaid,  and  many  other  Grants  and  Commissions  relat- 
ing to  the  same. 

5'?  That  the  Committee  apprehend  Connecticut  River  continued  the 
East  Bounds  of  this  Province,  until  the  28*  of  March  1700,  when  by 
King  William's  Confirmation  of  an  Agreement  between  this  Province 
and  Connecticut,  the  Western  Bounds  of  that  Colony  were  settled  at 
twenty  miles  from  Hudson's  River;  And  they  cannot  find  any  other 
Alteration  in  the  Eastern  Bounds  of  this  Province  and  have  no  reason 
to  believe  any  other  was  made  before  or  since  that  Time. 

6*  That  King  James  the  first  by  Letters  Patent  bearing  date  the 
3d.  of  November  in  the  18'.h  year  of  his  Reign,  granted  unto  the  Council 
of  Plymouth  from  forty  to  forty  eight  degrees  of  North  Latitude 
inclusive  In  which  there  is  a  recital  to  this  purpose  "  Now  forasmuch 
"  as  the  King  has  been  certainly  given  to  understand,  by  divers  good 
"  Subjects  that  have  for  these  many  years  frequented  these  Coasts  and 
"  Territories,  between  the  degrees  of  40  and  48,  that  there  is  no  other 
"  Subjects  of  any  Christian  King  or  State,  or  by  any  Authority  from 
"  their  Soveraign's  Lords  or  Princes,  actually  in  Possession  of  any  the 
"  said  Lands  or  Precincts,  whereby  any  Right  Claim  Interest  or  Title, 
"  may  or  ought  by  that  meane  to  accrue  or  belong  to  them  &c "  And 
also  a  Provisoe  in  these  Words. 

"  Provided  always  that  the  said  Lands  Islands  or  any  of  the  Premises 
"  by  the  said  Letters  Patent  intended  or  meant  to  be  granted,  were  not 
"  then  actually  possessed  or  inhabited  by  any  other  Christian  Power  or 


Boundaries  of  the  State  of  New  York.  103 

*  State."  Which  Patent  the  Committee  conceive  could  not  vest  any 
thing  in  the  Grantees,  by  reason  of  the  said  recital  and  Condition  upon 
which  it  was  granted,  part  of  the  Premisses  being  then  actually  pos- 
sessed by  the  Dutch,  and  most  of  the  said  Colony  of  New  Netherland 
being  within  the  Bounds  thereof. 

7*?  That  the  Council  of  Plymouth  by  their  Deed  dated  the  19'!1  of 
March  in  the  third  year  of  King  Charles  the  first,  granted  to  Sir  Henry 
Roswell  and  others,  part  of  what  was  supposed  to  be  granted  by  the 
said  Letters  Patent ;  which  Grant  from  the  said  Council  of  Plymouth, 
the  Committee  take  to  be  void,  as  founded  on  the  said  void  Patent. 

8*  That  the  said  Sir  Henry  Roswell  and  others,  obtained  a  Grant  and 
Confirmation  thereof,  from  the  Crown,  under  the  great  Seal  of  England, 
dated  the  4'?  of  March  in  the  fourth  year  of  King  Charles  the  first, 
within  which  Grant  and  Confirmation,  the  Province  of  Massachusetts- 
Bay  is  included ;  which  Grant  and  Confirmation  was  adjudged  void  in 
the  High  Court  of  Chancery  of  England  in  the  year  1684:  And  the 
Committee  are  of  opinion  that  nothing  to  the  Westward  of  Connecticut 
River  could  pass  by  that  Grant  and  Confirmation  for  that  his  Majesty 
could  not  have  had  an  Intention  to  grant  the  same,  it  being  then  pos- 
sessed by  the  Dutch  as  before  mentioned. 

9*!*  That  the  Committee  conceive  the  Inhabitants  of  Massachusetts- 
Bay,  can  claim  nothing  at  present  but  what  is  granted  them  by  their 
Charter  in  1691:  All  their  other  Grants  and  Charters  being  either  void 
of  themselves,  or  declared  so  in  the  Chancery  of  England. 

10*?  That  the  Bounds  granted  by  this  Charter,  are  Westward  as  far 
as  the  Colonies  of  Rhode  Island,  Connecticut  and  the  Narraganset 
Country  ;  which  words  being  in  the  Case  of  a  Grant  from  the  Crown, 
the  Committee  conceive  cannot  extend  their  Bounds  farther  than  to  Con- 
necticut Colony,  and  therefore  not  to  Connecticut  River;  And  much  less 
to  the  Westward  of  it,  because  Connecticut  itself  at  the  time  of  that 
Charter,  did  not  in  the  Knowledge  of  the  Crown  extend  Westward  of 
that  River,  nor  did  till  nine  years  after,  when,  by  the  Royal  Approba- 
tion, the  Agreement  between  this  Province  and  that  Colony,  taking 
place,  (which  was  not  to  be  in  force  till  such  Approbation)  the  Bounds 
of  that  Colony  were  setled  as  is  before  mentioned;  And  the  Committee 
conceive  it  to  be  against  Reason  to  suppose  that  the  Crown  intended 
by  the  said  Charter  to  grant  any  part  of  the  Province  of  New  York, 
under  the  then  immediate  Government  of  the  Crown,  without  express 
mention  thereof  in  the  Charter,  and  without  Notification  to  Henry 
Sloughter  then  Governour  of  this  Province,  that  the  Crown  had  granted 
such  a  part  of  what  was  before  within  his  Jurisdiction,  by  their 
Majesty's  Commission  aforesaid  to  him. 

11'?  That  both  the  Patents  under  which   the  Petitioners  claim  the 


104  (Jopies  of  Documents  Relating  to  the 

Committee  find  were  granted  under  the  Great  Seal  of  this  Province, 
that  of  the  Manor  of  Livingston  in  1686,  and  that  of  Westenhook  in 
1705:  And  that  the  Lands  contained  in  the  said  Grants,  are,  the  Com- 
mittee apprehend,  within  the  Jurisdiction  of  this  Province,  they  being 
both  West  of  Connecticut  River. 

12*?  That  the  Committee  are  of  opinion,  the  Attempts  of  the  Inhabi- 
tants of  the  Massachusets-Bay,  to  make  Encroachments  upon  any  Lands 
granted  by  Letters  Patent  under  the  Great  Seal  of  New  York,  or  upon 
any  Lands  within  the  Jurisdiction  of  this  Province,  are  disrespectful  to 
his  Majesty's  Authority,  tend  to  the  Disturbance  of  his  Subjects  of  this 
Province,  and  may  be  the  Cause  of  great  Mischiefs  and  Disorders. 

13'?  That  the  Steps  taken  by  the  said  Inhabitants,  even  were  the 
Bounds  doubtful  and  unsetled,  are  Intrusions  and  disrespectful  to  his 
Majesty's  Authority. 

And  Lastly  the  Committee  are  of  opinion,  that  a  Copy  of  so  much 
of  this  Report,  as  shall  be  approved  by  your  Excellency  and  the  Coun- 
cil, be  transmitted  to  the  Lieutenant  Governour  of  the  Province  of 
Maesachusets  Bay,  requesting  that  he  would  take  effectual  Measures, 
that  all  Encroachments  and  Disturbances  by  the  People  of  that  Colony 
on  his  Majesty's  Subjects  of  this  Province,  be  stayed,  and  that  he  would 
lay  this  Matter  before  the  next  General  Court,  that  they  may  inform 
your  Excellency  by  what  Warrant  they  claim  or  exercise  any  Right  to 
Soil  or  Jurisdiction,  Westward  of  Connecticut  River,  that  the  same  may 
be  considered  and  such  Steps  taken  towards  removing  all  Causes  of 
Encroachment,  or  Disturbances  for  the  future,  as  may  be  agreeable  to 
Equity  and  Justice :  To  the  End  that  good  Understanding  may  be  pre- 
served, which  ought  to  subsist  between  fellow-Subjects  and  Neighbour- 
ing Provinces. 

All  which  is  nevertheless  humbly  submitted 

By  Order  of  the  Committee 

JAMES   DE  LANCEY  Chairman 
New  York  28th  February  1753. 

The  Council  advised  his  Excellency  to  send  a  Copy  of  the  said  Report 
and  the  Petition  of  Robert  Livingston  JunT  Esqf  to  his  Honour  the 
Lieutenant  Governour  of  Boston. 

*  *  *  * 

— [N.  T.  Council  Minutes  (MS.),  v.  23,  p.  55. 


Boundaries  of  the  State  of  New  York.  105 

[Governor  Phips  to  Governor  Clinton.] 

Boston  April  13,  1758 
Sir, 

Your  Excellencys  Letter  of  the  6th  of  March  last,  with  the  Papers 
accompanying  it,  I  laid  before  the  General  Assembly  of  this  Province  at 
the  beginning  of  the  Session:  And  the  Affair  having  been  referred  to 
a  Committee  of  both  Houses,  they  have  given  in  their  Report  thereon, 
Which  has  been  accepted  by  both  Houses,  &  Consented  to  by  me, 
Which  makes  it  a  compleat  Act  of  this  Governm!  A  Copy  of  this 
Report  I  herewith  inclose. 

By  which  your  Excellency  will  perceive  that  we  are  ready  to 
join  with  your  Governm!  in  the  most  suitable  Methods  for  an  ami- 
cable adjustment  of  all  Differences  between  the  two  Provinces,  &  the 
Borderers  on  the  Boundaries  thereof,  by  setling  and  stating  the  s? 
Boundary  in  such  manner  as  may  be  mutually  agreed.  Our  Assembly 
will  meet  again  at  the  latter  End  of  the  next  Month;  And  if  this  pro- 
posal be  complied  with  they  will  proceed  to  the  Appointm4  of  Com- 
missioners and  to  agree  with  your  Government  as  to  the  time  and 
Place  of  Commissi  Meeting,  And  it  seems  best  to  have  such  Meeting 
as  soon  as  may  be  with  Convenience  to  prevent  further  Disputes  & 
Controversies  that  may  otherwise  arise,  and  to  setle  those  that  are 
now  subsisting. 

I  am  (with  great  Respect) 
Sir 
Your  Excellency  most  humble 
&  most  Obedient  Servant 

S.  PHIPS 

[Endorsement.]     30  April   1*753 — Read  in  Council  —  and  with  the 
Report  mentioned  to  be  inclosed  referred  to  a  Committee. 

— [N.  T.  Col  MSS.  lxxvii ;  78. 


[In  Massachusetts  General  Court.] 
The  Committee  appointed  to  take  under  Consideration  a  Letter  from 
his  Excellency  Govf  Clinton  of  6  March  last,  &  the  P  apers  accompany- 
ing the  same,  have  attended  that  Service,  and  particularly  considered 
the  "  Report  of  a  Committee  of  the  Council  of  New  York  on  two  Peti- 
"  tions  complaining  of  new  Claims  and  Encroachments  by  the  Inhabi- 
"  tants  of  Massachusetts  Bay  on  the  Province  of  New  York;  by  which 
Report  an  extraordinary  Title  is  set  up  in  favour  of  New  York  to  a 
valuable  Part  of  this  Province.  The  Committee  are  upon  the  whole 
humbly  of  Opinion,  that  Commissioners  be  appointed  to  meet  at  some 
convenient  Time  and  Place,  which  this  Court  may  appoint  to  confer 


106  Copies  o*  Documents  Relating  to  the 

with  Commissioners  who  may  be  appointed  by  the  Governm'  of  New 
York ;  and  with  them  to  agree  upon  Measures  for  settling  the  Bounds 
of  the  two  Provinces  in  an  amicable  Manner,  &  to  setle  the  same 
accordingly,  "  to  the  End  that  good  Understanding  may  be  preserved, 
"  which  ought  to  subsist  between  fellow  subjects  &  neighbouring  Prov- 
"  inces  —  And  that  a  Letter  be  wrote  to  Excy  Gov!;  Clinton,  desiring 
that  Commissioners  (on  behalf  of  the  Governm'  of  New  York)  may  be 
appointed  &  fully  authorized  for  the  Purposes  aforesaid. 

£|J     Order  of  the  Comm" 

J  CHANDLER 

In  Council  April  11,  1753,  Read  &  Accepted 
Sent  down  for  Concurrence,  Tho8  Clarke  Depty  Secty 
In  the  House  of  Representatives  April  12,  1753,  Read  &  Concur'd 

T.  HUBBARD  Spk? 

Consented  to  S.  Phips 

Copy  examined  §?     Tho"  Clarke  Dpty  Secry. 

[Endorsement]     30  April  1 753  :  Referred  to  a  Committee. 
—[A7:  Y.  Col.  MSS.,  lxxvii,  79. 


[In  N.  Y.  Council.] 

•      April  16,  1753. 

His  Excellency  communicated  a  Letter  from  the  Lieutenant  Governor 
of  Boston  of  the  23d  ult?  acknowledging  the  Receit  of  his  Excellency's 
of  the  6V1  of  the  same  Month  with  the  Papers  accompanying  it  "  refer- 
ring to  the  challenges  this  Government  makes  to  Lands  claimed  by  that 
Province,"  and  acquainting  his  Excellency  that  he  thinks  the  Affair  is 
of  great  moment,  and  that  he  shall  lay  it  before  the  General  Assembly 
of  that  Province  which  will  meet  the  28?  of  the  same  Month. 
*  *  *  * 

— [A7!   Y.  Council  Minutes,  (MS.),  v.  23,  p.  63. 

April  30,  1753. 

1*  1*  *H  •J' 

His  Excellency  laid  before  the  Board  a  Letter  of  the  13*,h  Instant  from 
the  Lieutenant  Governour  of  Boston  inclosing  a  Report  of  the  Commit- 
tee of  that  Government  of  the  11th  Instant  whereby  it  appears,  That 
that  Government  have  agreed  to  appoint  Commissioners  to  confer  with 
Commissioners  who  may  be  appointed  by  this  Government,  and  with 
them  to  agree  upon  Measures  for  setling  the  Bounds  of  the  two  Prov 
inces,  in  an  amicable  manner,  and  to  settle  the  same  accordingly:  And 


Boundaries  of  the  State  of  New  York.  107 

desire  that  this  Government  will  appoint  and  fully  authorize  Commis- 
sioners for  the  purposes  aforesaid. 

Ordered  that  the  said  Letter  and  Report  be  referred  to  the  Gentle- 
men of  the  Council  or  any  three  of  them,  to  consider  thereof  and  make 
their  Report  with  all  convenient  speed. 

*  *  *  * 

— [K   Y  Council  Minutes,  (MS.),  v.  23,  p.  65. 


May  1,  1753. 

Mr.  Alexander  Chairman  of  the  Committee  to  whom  the  Letter  from 
the  Governor  of  Boston  of  the  18*?  ult°  and  the  Report  accompanying 
it,  were  referred  by  Order  yesterday,  Read  and  presented  the  Commit- 
tee's Report  thereupon  to  his  Excellency;  Which  was  read  at  the 
Board,  —  and  on  the  question  being  put,  was  agree  d  to  and  approved 
of,  and  ordered  to  be  entered  in  the  Minutes,  which  is  as  follows,  viz* 

May  it  please  your  Excellency 

In  obedience  to  your  Excellency's  Order  in  Council  of  yesterday, 
referring  to  a  Committee  thereof,  a  Letter  to  your  Excellency,  from  his 
Honour  the  Lieutenant  Governor  of  the  Province  of  Massachusets- 
Bay,  of  the  13th  April  last,  and  the  Report  inclosed  therein  from  that 
Government,  proposing  the  Appointment  of  Commissioners,  on  the  part 
of  both  Governments,  to  agree  upon  Measures  for  setling  the  Bounds 
of  the  two  Provinces  —  The  committee  have  duely  weighed  and  con- 
sidered of  the  same,  and  are  humbly  of  opinion  that  the  said  Report  of 
the  Government  of  the  Massachusets-Bay,  contains  no  Answer  to  the 
Papers  transmitted  to  them  by  your  Excellency.  Those  papers  did  in 
the  opinion  of  this  Committee,  shew  that  Connecticut  River  was  the 
Boundary  of  this  Province,  and  the  purport  of  them  was  to  desire  that 
Government  "  to  inform  your  Excellency  what  Warrant  they  had  to 
"  claim  or  exercise  any  Right  to  Soil  or  Jurisdiction,  Westward  of  Con- 
"  necticut  River." 

This  Committee  humbly  conceives  that  that  Request  was  short,  plain, 
and  not  liable  to  be  mistaken,  and  reasonable  in  itself  to  be  complyed 
with  ;  as  your  Excellency  had  in  the  most  plain  and  candid  manner,  laid 
before  that  Government,  the  Title  of  this  Province  to  that  Boundary  : 
But  instead  of  complying  with  that  reasonable  Request,  they  propose 
the  appointment  of  Commissioners  mutually  for  setling  the  Bounds  of 
the  two  Provinces.  As  to  which;  it  seems  to  this  Committee,  that  if 
your  Excell  ency  should  comply  with  that  Proposal,  it  would  be  a  tacit 
Concession,  that  Connecticut  River,  (which  by  those  Papers  was  clearly 
shown  to  be  the  Boundary  of  this  Province)  was  not  the  Boundary 
thereof. 


108  Copies  of  Documents  Relating  to  the 

As  to  Lands  West  of  Connecticut  River,  making  a  valuable  part  of 
the  Massachusets  Bay,  as  they  alledge  :  This  Committee  says  that  for 
some  years  they  have  heard  that  several  People  of  the  Massachusets- 
Bay,  had  intruded  upon  his  Majesty's  Lands,  lying  to  the  West  of  Con- 
necticut River,  within  the  Jurisdiction  of  this  Province :  But  that  the 
People  of  the  Massachusets-Bay,  had  usurped  and  exercised  any  juris- 
diction over  that  part  of  this  Province,  this  Committee  believes,  has 
not  come  to  the  Knowledge  of  his  Majesty's  Council  of  this  Province, 
til  very  lately,  And  this  Committee  believes  that  the  Council  of  this 
Province,  had  they  known  sooner  of  t  hat  usurpation,  would  according 
to  their  Duty,  before  this  time,  have  advised  your  Excellency,  pursuant 
to  the  Trust  reposed  in  you  by  his  Majesty,  to  have  taken  effectual 
measures  to  have  redressed  the  same,  but  before  any  Measures  were 
taken  that  Way,  were  desirous  to  give  the  Government  of  the  Massa- 
chusets-Bay the  opportunity  of  pointing  out  what  Warrant,  if  any,  that 
Government  had,  to  claim  Right  to  Soil  and  Jurisdiction,  West  of  Con- 
necticut River,  that  it  might  be  in  the  most  amicable  manner  discussed. 

Tho'  the  General  Court  of  the  Massachusets-Bay  hav  e  neglected  one 
opportunity  of  doing  this,  Yet  as  My  Phips  acquaints  your  Excellency, 
that  another  Assembly  will  meet  the  latter  End  of  this  Month:  This 
Committee  are  humbly  of  opinion,  that  your  Excellency  should  stay 
the  entering  on  any  such  Measures  as  are  before  mentioned,  until  that 
General  Court  have  one  other  Opportunity  of  complying  with  what  this 
Committee  conceives  is  incumbent  on  them  to  do,  and  your  Excellency 
hath  the  Opportunity  of  considering  their  Answer,  and  doing  thereon 
what  shall  be  agreable  to  Reason  and  Justice. 

All  which  is  nevertheless  most  humbly  submitted  to  your  Excel- 
lency: By  order  of  the  Committee. 

JA:  ALEXANDER  Chairman. 

New  York  l8t  May  1753. 

The  Council  advised  his  Excellency  to  send  a  Copy  of  the  said  Report 
to  the  Lieutenant  Governor  of  Boston  desiring  him  to  lay  the  same 
before  his  Assembly  at  their  next  meeting  — And  that  his  Excellency  do 
lay  all  the  Papers  relating  to  this  Matter  before  the  General  Assembly 
of  this  Province. 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  v.  23,  p.  67. 


Boundaries  of  the  State  of  New  York.  109 

[In  N.  Y.  Council  and  General  Assembly.] 

May  30,  1753 

*  *  *  * 
Gentlemen  of  the  Council  and  General  Assembly, 

Some  Intrusions  bave  lately  been  made  on  the  Lands  of  his  Majesty 
and  his  Subjects  of  this  Province,  whereof  sundry  Complaints  have 
been  made  to  me,  Copies  of  those  Complaints,  and  of  what  I  have  done 
thei-eon,  shall  be  laid  before  you,  being  well  assured,  you  will  use  your 
best  Endeavours  for  the  Preservation  of  his  Majesty's  Authority  and 
Jurisdiction,  to  the  Extent  of  the  Bounds  of  this  Province,  and  for  the 
Protection  of  the  Properties  of  his  Majesty  and  his  Subjects  within  it; 
and  I  leave  it  to  you,  to  consider,  whether  it  may  not  be  expedient  that 
Committees  of  both  Houses  should  be  appointed  to  meet  and  concert 
the  most  proper  Measures  to  be. taken  in  this  Affair,  wherein  I  shall 
give  my  best  Assistance. 

*  *  *  * 


G.  CLINTON 


\N.  Y.  Ley  is.  Council  Journal,  p.  1111. 


[In  Council.] 


May  31,  1753. 


*  *  *  * 

To  His  Excellency  the  Honorable  George  Clinton  *  * 

May  it  please  your  Excellency 

The  Intrusions  made  on  the  Lands  of  his  Majesty  and  his  Subjects  in 
this  Province,  of  which  several  complaints  have  been  made  to  your 
Excellency  may  in  their  consequences  greatly  endanger  the  interest  and 
peace  of  this  Colony,  *  *  We  shall  be  ready  to  join  in  concerting 
the  most  prudent  measures  to  be  taken  in  this  affair. 

*  *  *  * 

James  Alexander  Speaker 
— [A7.  Y.  Legis.  Council  Journal,  p.  1112. 


June  4,  1753. 

*  *  *  * 

His  Excellency  laid  before  the  Board  a  Memorial  of  Robert  Living- 
ston Junf  Esqf  dated  the  31V  ult?  touching  the  late  Proceedings  of  a 
Committee  of  the  Massachusets  Bay,  sent  to  lay  out  a  Township,  within 
the  Manor  of  Livingston. 

Also  a  Petition  of  John   Van  Renselaer  complaining  of   Encroach- 


110  Copies  of  Documents  Relating  to  the 

ments  on  his  Manor  by  People  of  the  Massachusets-Bay  and  praying 
Redress  — Which  were  read  And  the  Council  advised  his  Excellency  to 
lay  them  befoi'e  the  General  Assembly. 

*  *  *  * 

— [N.   Y.  Council  Minutes  (MS.),  v.  23,  p.  72. 


June  4,  1753. 

*  *  *  * 

A  Message  from  the  General  Assembly  by  Mr  Livingston  to  Mr  Rens 
elaer  desiring  the  Council  will  appoint  a  Committee  to  meet  and  join  a 
Committee  of  the  General  Assembly,  to  consider  of  that  part  of  his 
Excellency  Speech  which  relates  to  certain  Intrusions  being  made  on  this 
Colony  by  the  neighbouring  Colonies,  and  acquainting  the  Council  thai 
on  notice  of  such  an  appointment  by  the  Council,  that  House  wili 
appoint  a  Committee  accordingly. 

Ordered,  that  the  Honourable  Archibald  Kennedy  and  Edward  Hoi 
land  Esq™  be  a  Committee  to  join  the  Committee  to  be  appointed  hy 
the  General  Assembly  for  the  purpose  mentioned  in  the  above  Message. 
And  the  Speaker  of  the  Council  is  also  desired  to  assist  at  the  said 
Committee. 

Ordered,  that  the  said  Committees  meet  at  the  House  of  George 
Burns  in  the  City  of  New  York  on  Thursday  the  '/""  Instant  at  5  o  clock 

in  the  afternoon. 

*  *      .  *  * 

— [iV!!  Y.  Legis.  Council  Journal,  p.  1112. 


[In  General  Assembly.] 

June  5,  1753. 

*  *  *  * 

A  Message  from  the  Council  by  the  Honourable  Edward  Holland, 
Esq.     *  * 

Ordered,  That  Copt.  Richard,  Mr.  Cruger,  Capt.  Walton,  and  Mr. 
Watts  be  a  Committee  to  join  a  Committee  of  the  Council  to  consider 
that  Part  of  his  Excellency's  Speech,  which  relates  to  certain  Intrusions 
being  made  on  this  Colony.  *  *  * 

This  joint  Committee  finally  reported  the  Draft  of  Act  of  July  4th, 
1753,  hereafter  given  in  its  chronological  order. 


[In  Massachusetts  General  Court.] 
The  Committee    appointed  the  9^  of  June  Currant  to  take  under 
Consideration  the  Report  of  a  Committee  directed  to   repair  to  the 
Lands  lying  within  this  Province  West  of  Sheffield  &c\     And  also  to 


Boundaries  of  the  State  of  New  York.  HI 

take  under  Consideration  the  Papers  received  from  the  Gouvernour  of 
New  York,  have  attended  that  Service  so  far  as  relates  to  the  sd.  Papers, 
&  report  as  follows. 

That  it  appears  by  said  Papers  that  the  Proposal  made  by  this  Court 
to  the  Governm'of  New  York  of  appointing  Commissionei-s  to  settle  the 
Line  between  the  two  Provinces  has  been  rejected. 

That  there  does  not  appear  by  any  Evidence  whatsoever  to  have  been 
any  ancient  Jurisdiction  exercised,  nor  any  ancient  Grants  made  by  any 
States  or  Powers  in  Europe,  nor  any  ancient  Possession  in  any  other 
than  this  Governm'  of  any  of  the  Lands  now  held  or  claim'd  by  this 
Province. 

That  the  Right  of  this  Province  appears  to  be  founded  upon  Grants 
as  ancient  as  the  Year  1620,  &  their  Possession  &  actual  Improve- 
ment of  a  considerable  Part  of  the  Lands  to  the  Westward  of  Connecti- 
cut River  is  of  more  than  an  hundred  Years  standing,  &  must  have 
been  known  to  every  Governm!  on  the  Continent,  &  therefore  it  is 
surprizing  that  the  Government  of  New  York  now  seem  to  be  unac- 
quainted with  it.  That  therefore  it  can  by  no  means  be  adviseable  for 
this  Governm'  now  to  suspend  the  Exercise  of  their  Jurisdiction,  but  on 
the  contrary  it  behoves  them  to  go  on  in  settling  the  Lands  &  regulat- 
ing and  governing  the  Inhabitants  according  to  the  Right  given  them 
by  Charter. 

The  Comm"  desire  leave  to  sit  again  to  consider  the  Report  of  the 

aforementioned  Committee  &c*. 

JACOB  WENDELL  by  order 

In  Council  June  12,  1753.  Read  &  Accepted,  And  that  the  Commit- 
tee sit  again  &  make  further  Report  on  the  Affairs  referr'd  to  them. 
Sent  down  for  Concurrence.     J.  Willard  Secr'y 

In  the  House  of  RepresT."  June  12,  1753  Read  &  Concur'd 

T.  HUBBARD  Spk^ 

Consented  to,  S.  PH1PS. 

Copy  examined  f    THO*  CLARKE  Dpty  Seory. 

[Endorsement.]  3d  July.  Read  in  Council  &  referred  to  a  Coramee. 
— [N.  T.  Col.  MSS.}  lxxvii,  110. 


[Lieut. -Governor  Phips  to  Governor  Clinton.] 

Boston  June  21?  1753. 
Sir, 

When   I  had  last  the  Honour  to  write  to  Your  Excellency  I 

acquainted  you  with  my  receiving  your  Letter  and  the  inclos'd  Report 

of  a  Committee  of  the  Council  of  Your  Province  upon  our   General 


• 


112  Copies  of  Documents  Relating  to  the 

Assemblys  proposal  of  having  Commissioners  appointed  by  both  Gov- 
ernments to  adjust  the  disputes  between  the  two  Provinces  respecting 
their  Boundaries;  Since  that  I  have  laid  those  Papers  before  our 
Assembly;  and  they  have  had  consideration  of  them,  and  have  express'd 
their  sentiments  upon  those  matters  in  the  Report  of  a  Committee 
accepted  by  the  whole  Court,  a  Copy  whereof  I  now  inclose:  Your 
Excellency  may  observe  by  the  Conclusion  of  the  Report  &  the  Vote 
thereon  that  the  Committee  was  to  meet  again  but  that  was  upon  other 
affairs  than  what  related  to  the  setling  the  Boundaries  of  the  two 
Provinces  by  Commissioners. 
I  am, 

Your  Excellencys  most  Obedient  & 

most  humble  Servant, 

S.  PHIPS. 
His  Excellency  George  Clinton  Esqr. 

[Endorsement]     3d  July  —  Read  and  wth   the  Report  referred  to  a 
Committee. 

— [JV.  Y.  Col.  MSS.  lxxvii,  109. 


[In  Council.] 

July  3,  1753. 

*  *  *  * 

His  Excellency  laid  before  the  Council  a  Letter  from  the  Lieut'  Gov- 
ernour  of  Boston  of  the  21s.'  ult°,  inclosing  a  Report  of  a  Committee 
accepted  by  the  whole  Court  of  the  Massachusets  Bay,  on  the  12*?  of 
the  same  Month,  Wherein  among  other  things  It  is  declared  "That  the 
Right  to  the  Lands  claimed  by  that  Province,  appears  to  be  founded 
upon  Grants  as  ancient  as  the  year  1620,  and  their  Possession  and 
actual  Improvement  of  a  considerable  part  of  the  Lands  Westward  of 
Connecticut  River,  is  of  more  than  an  hundred  years  standing.  And 
that  therefore  it  can  by  no  means  be  adviseable  for  that  Government, 
now  to  suspend  the  Exercise  of  their  Jurisdiction,  but  on  the  Contrary 
it  behoves  them  to  go  on  in  setling  the  Lands  and  regulating  and  gov- 
erning the  Inhabitants  according  to  the  Right  given  them  by  Charter. 

Ordered  that  the  said  Letter  and  Report  be  referred  to  the  Gentle- 
men of  the  Council  or  any  three  of  them,  and  that  they  make  Report 
thereupon  with  all  convenient  Speed. 

*  *  *  * 

— [N.  T.  Council  Minutes  (MS.),  v.  23,  p.  86. 


Boundaries  of  the  State  of  New  York.  113 

[Colony  of  New  York.] 
An  ACT  to  appoint  Commissioners  to  examine  into  the  Eastern  Bound- 
aries of  this  Colony,  and  to  imp&wer  and  require  the  Secretary  of  this 
Colony,  or  his  Deputy,  to  deliver  certain  ancient  Records,  written  in 
the  Dutch  Language,  to  such  Person  or  Persons  as  the  said  Commis- 
sioners shall  appoint,  to  be  translated  into  English,  a?id  other  the 
Purposes  therein  mentioned.     Pass'd  the  4th  July,  1753. 

WHEREAS  Incroachments  and  Settlements  have  been  made,  not 
only  in  former  Years,  by  the  Inhabitants  of  the  New- Hampshire  and 
Massachusetts- Bay  Colonies,  upon  sundry  Tracts  of  Land  included 
within  the  Boundaries  of  this  Province;  but  also  such  Incroachments 
have  lately  been  renewed  by  the  Inhabitants  of  the  said  Colonies  upon 
the  Lands  and  Possessions  of  diverse  of  his  Majesty's  Subjects  (holding 
the  same  under  the  Government  of  this  Province,  by  Letters  Patent 
from  his  present  Majesty,  or  his  Royal  Predecessors)  on  Pretence  that 
the  said  Lands  are  included  within  the  said  Colonies.  And  forasmuch 
as  sundry  Records,  which  are  good  Evidences  of  the  Eastern  Bound- 
aries of  this  Province,  are  written  in  the  Dutch  Language,  and  by  thes 
Means  are  rendered  less  useful  for  the  Purpose  aforesaid,  than  if  the 
same  were  translated  into  English:  And  as  the  said  Records,  if  deliv- 
ered up  into  the  Hands  of  some  Person  or  Persons  lawfully  authorized 
and  appointed  thereunto,  may  be  more  easily  and  perfectly  translated 
into  English :  In  order  to  serve  the  Purpose  aforesaid, 

I.  Be  it  therefore  Enacted  by  his  Excellency  the  Governor,  the 
Council,  and  General  Assembly,  and  it  is  hereby  Enacted  by  the  Author- 
ity of  the  same,  That  David  Jones,  John  Thomas,  Paul  Richard,  William 
Walton,  Henry  Cruyer,  and  John  Watts,  Esquires,  be,  and  hereby  are 
appointed  Commissioners,  to  examine  and  consider  of  the  Incroachments 
made  upon  this  Province  by  the  Neighbouring  Colonies;  which  said 
Commissioners  are  hereby  authorized  and  impowered  to  join  with  a 
Committee  of  his  Majesty's  Council,  appointed,  or  to  be  appointed  for 
the  Purpose  aforesaid,  in  such  Measures  as  by  the  said  Committee  of 
Council  and  Commissioners  shall  be  thought  necessary  and  expedient, 
in  order  to  make  due  Enquiry  into  the  said  Encroachments ;  and  also, 
that  the  said  Committee  of  the  Council  and  Commissioners  shall  be, 
and  hereby  are  impowered  for  all  and  singular  the  Purposes  herein- 
before and  after  mentioned. 

*  *  *  * 

VI.  And  be  it  Enacted  by  the  Authority  aforesaid,  That  the  said 
Committee  and  Commissioners  shall  make  all  due  and  necessary  Enquiry 
and  Examination  into  the  true  Eastern  Boundaries  of  this  Province, 
and  the  Incroachments  and  Settlements  made  within  the  same  by  the 

8 


114  Copies  of  Documents  Relating  to  the 

Neighbouring  Colonies;  and  shall  and  are  hereby  impowered  to  pursue 
all  such  Steps  and  Methods  as  to  them  shall  seem  most  adviseable,  in 
Order,  if  possible,  to  procure  a  speedy  and  legal  Settlement  of  the 
Eastern  Boundaries  of  this  Province,  with  the  Neighbouring  Colonies. 
Provided  Always,  That  no  such  Settlement  shall  actually  be  made  by 
the  said  Committee*  and  Commissioners,  but  only  proposed  by  them  to 
the  Neighbouring  Colonies,  and  reported  by  them  to  the  Governor, 
Council  and  General  Assembly  for  the  Time  being. 

*  *  *  * 

VIII.  And  be  it  Enacted  by  the  Authority  aforesaid,  That  all  and 
singular  the  Doings  and  Transactions  of  the  said  Committee  and  Com- 
missioners, and  of  every  other  Person  and  Persons  by  their  Order  and 
Direction,  shall  from  Time  to  Time,  be  laid  before  his  Excellency  in 
Council,  and  before  the  General  Assembly,  at  their  next,  or  any  succeed- 
ing Sessions. 

*  *  *  * 

— [JV.  Y.  Laws  (  Van  Schaack),  p.  313. 


[In  Council.] 

Jamaica,  July  28,  1758, 
*  *  *  .         * 

Mf  Chambers  from  the  Committee  appointed  on  the  3d  Instant  read 
and  presented  to  his  Excellency  the  Committee's  Report  on  the  Matters 
referred  to  them.  Which  on  the  question  being  put  was  agreed  to  and 
approved  of  and  ordered  to  be  entered  in  the  Minutes  and  is  as  follows 
viz' 

May  it  please  your  Excellency 

In  obedience  to  your  Excellency's  Order  in  Council  of  the  3d  Instant: 
The  Committee  appointed  by  the  said  Order,  have  considered  the 
Letter  from  Lieutenant  Governor  Phips  of  the  21s.'  June  last,  and  the 
Report  of  a  Committee  accepted  by  the  whole  Court  of  the  Massa- 
chusetts-Bay on  the  12'?  of  the  same  Month:  And  observe,  That  the 
said  Court  have  again  declined  giving  a  direct  Answer  to  the  short  and 
plain  question,  twice  laid  before  them,  viz'  "to  inform  your  Excellency 
"  what  Warrant  they  had  to  claim  or  exercise  any  Right  to  Soil  or 
"  Jurisdiction,  Westward  of  Connecticut  River."  And  in  general  terms 
only  set  forth  "That  there  does  not  appear  by  any  Evidence  whatso- 
ever, to  have  been  any  ancient  Jurisdiction  exercised,  nor  any  ancient 
Grants  made,  by  any  States  or  Powers  in  Europe,  nor  any  ancient  Pos- 
session, in  any  other  than  that  Government,  of  any  of  the  Lands  now 
held  or  claimed    by  that   Province,"  and   "  That   the    Right   of   thai 


Boundaries  of  the  State  of  New  York.  115 

Province,  appears  to  be  founded  upon  Grants,  as  ancient  as  the  year 
1620;  and  their  Possession  and  actual  Improvement  of  a  considerable 
part  of  the  Lands  to  the  Westward  of  Connecticut  River,  is  of  more 
than  an  hundred  years  standing  "  Upon  which  the  Committee  observe, 
That  it  does  not  appear  from  thence,  by  whom,  and  to  whom,  those 
ancient  Grants  were  made;  or  how  far  they  extend  to  the  Westward  of 
Connecticut  River;  nor  in  what  Place  or  Places  their  Possession  and 
actual  Improvement  of  Lands,  Westward  of  that  River,  were  made;  or 
how  far  extended;  whereas  this  Committee  humbly  conceives  his 
Majesty's  Right  to  all  the  Lands  and  Soil  Westward  of  Connecticut 
River,  is  fully  and  clearly  set  forth  in  the  Report  made  to  your 
Excellency  on  the  28'!1  February  last,,  a  Copy  of  which  has  been 
laid  before  them.  And  therefore  the  Resolution  of  that  Government 
"  to  go  on  in  setling  the  Lands,  and  regulating  and  governing  the 
Inhabitants  according  to  the  Rights  given  them  by  Charter,"  appears 
to  this  Committee  to  be  of  a  very  extraordinary  nature,  and  should 
they  persist  therein  would  be  unjust  and  unwarrantable,  and  a  Con- 
tempt of  the  Rights  Authority  and  Government  of  the  Crown  of 
Great  Britain;  more  especially,  if  it  be  considered,  that  the  Manor  of 
Livingston,  upon  which  that  Government  have  already  made  Incroach- 
ments,  was  granted  after  the  vacation  of  their  former,  and  before  the 
Grant  of  their  present  Charter;  and  that  the  Lands  called  Claverack 
which  the  said  Government  have  also  incroached  upon,  have  been  in 
the  Possession  of  the  Renselaer  Family,  (being  part  of  the  Manor  of 
Renselaerswyck)  under  Grants  made  upwards  of  one  hundred  years 
since,  even  very  early  in  the  Dutch  times.  And  this  Committee  cannot 
help  being  stil  of  opinion,  that  upon  this  Matter  being  again  laid 
before  the  Government  of  the  Massachusets-Bay,  they  will  think  it  more 
eligible  to  desist  from  any  Incroachments  on  Lands  granted  under  the 
Seal  of  this  Province,  till  it  be  legally  determined  whether  this  Govern- 
ment had  a  Right  to  make  the  same  or  not;  Than  to  assume  to  them- 
selves the  Power  of  judging  therein;  which  would  be  in  Contempt  of 
his  Majesty,  and  his  Courts  of  Justice,  from  whence  only  such  legal 
Determination  can  proceed. 

The  Committee  are  further  of  opinion,  it  may  be  also  proper  for  your 
Excellency  to  lay  before  the  said  Government,  a  Copy  of  the  Act  lately 
passed  here,  to  appoint  Commissioners  to  examine  into  the  Eastern 
Boundaries  of  this  Colony ;  that  they  may  see  the  Intention  of  this 
Government  to  have  the  same  speedily  setled.  And  if  the  Government 
of  the  Massachusets-Bay  shall  desist  from  any  such  Incroachments,  that 
then  for  the  Preservation  of  Peace  between  both  Governments,  this 
Province  should  delay  the  Exercise  of  any  Jurisdiction,  Eastward  of 
the  Grants  made  by  the  same,  until  such  legal  Determination  of  the 


116  Copies  of  Documents  Relating  to  the 

Matter  in  Controversy  be  had,  or  his  Majesty's  Pleasure  signifyed  therein. 
But  that  on  the  Contrary  should  the  said  Incroachments  be  con- 
tinued, that  it  will  be  the  indispensible  Duty  of  this  Government  to 
defend  and  protect  his  Majesty's  Subjects  setled  under  Grants  of  this 
Province,  Westward  of  Connecticut  River,  and  to  cause  all  Intruders 
on  the  same,  by  Colour  of  Right  or  Authority  from  the  Massachusets- 
Bay,  to  be  apprehended  and  brought  to  condign  Punishment,  by  all 
such  proper  and  legal  Measures,  as  the  nature  and  Emergency  of  the 
Case  may  require.  And  that  in  this  Case,  it  may  be  adviseable  for 
your  Excellency,  to  issue  a  Proclamation,  notifying  the  Premisses,  and 
requiring  all  his  Majesty's  Subjects  of  this  Province,  to  give  due  Assist- 
ance to  the  Officers  and  Ministers  thereof,  and  pay  due  obedience  to  the 
Government  of  this  Province  and  no  other.  All  which  is  Nevertheless 
humbly  submitted. 

By  order  of  the  Committee 

New  York  19th  July  1753  JN°  CHAMBERS  Chairman 

The  Council  advised  his  Excellency  to  send  a  copy  of  the  said  Report 
to  Governor  Phips,  and  to  desire  he  will  be  pleased  to  lay  the  same 
before  the  General  Court  of  the  Massachusets-Bay  at  their  next  Meet- 
ing ;  and  least  the  said  Court  should  not  meet  shortly,  that  he  would 
be  pleased  in  the  mean  time  to  give  effectual  Orders,  that  all  Proceed- 
ings in  Consequence  of  their  late  Resolution  may  be  stayed,  until  the 
Affair  can  be  again  laid  before  the  said  General  Court. 

Upon  reading  the  Affidavit  of  Mathew  Vanduersen  sworn  to  on 
the  201.11  Instant,  whereby  it  appears  that  on  the  19\h  Instant,  an  officer 
or  officers  of  the  Massachusets  Bay  and  divers  other  persons,  went  to 
the  House  of  Robert  Vanduersen,  about  14  or  15  miles  from  Hud- 
son River,  and  by  force  and  violence  took  bound  and  carried  away 
him  and  his  Son  Johannes,  in  order  to  confine  them  in  some  Goal  of 
the.  said  Government,  pretending  that  they  acted  under  a  Warrant 
from  that  Government,  for  a  trespass  committed  on  Lands  lying 
within  the  Manor  of  Livingston  :  And  also  upon  reading  a  Letter 
of  the  191!1  Instant  from  the  said  Robert  Vanduersen,  signifying  that 
they  are  in  custody  at  Sheldon,  expecting  to  be  sent  to  Springfield 
Goal  unless  they  can  give  Bail  by  Monday  then  next,  the  time  allowed 
them  for  that  purpose.  It  is  ordered  that  a  Proclamation  be  forthwith 
prepared  and  issued,  directing  the  Sherifs  and  Officers  of  the  Counties 
of  Albany  and  Dutches,  to  apprehend  the  Persons  concerned  in  the  said 
Riot,  and  also  all  others  who  may  hereafter  under  Colour  or  pretence 
of  Title  or  authority  from  the  Governments  of  Massachusets  Bay  or 
New  Hampshire,  enter  upon  and  take  Possession  of  any  Lands  granted 
under  the   Great  Seal   of  this  Province,   and  to   commit  them  to  the 


Boundaries  of  the  State  of  New  York.  U7 

Goals  of  the  said  Counties,  there  to  remain  until  thence  delivered  by 
due  Course  of  Law,  and  if  need  be  to  summon  the  aid  of  the  Posse  of 
the  said  Counties. 

The  Council  advised  his  Excellency  to  send  a  Copy  of  the  said 
Proclamation,  when  issued,  to  Lieutenant  Governor  Phips,  and  to 
demand  that  he  cause  strict  Inquiry  to  be  made,  who  the  said  Officers 
or  Persons  were,  and  to  cause  them  to  be  apprehended,  and  sent  to  this 
Government,  in  order  for  their  Tryal. 

*  *  *  * 

GW  BANYAR  DC  Con. 
—  [N.  Y  Council  Minutes  (MS.),  v.  23,  p.  88. 


[Governor  Clinton  to  Lleut.  Gov.  Phips.] 

New  York  28th  July  1753. 
Sir. 

I  am  to  acknowledge  the  Receit  of  your  Letter  of  the  21".'  Ult°.  and 
the  Report  and  Resolution  of  your  Government  of  the  12th  which  I  laid 
before  his  Majesty's  Council  whose  further  Sentiments  on  the  Matter 
appear  in  their  Report  to  me  of  the  19th  Instant  which  I  now  inclose  — 
together  with  a  Copy  of  the  Act  mentioned  therein  and  desire  you  will 
be  pleased  to  lay  the  same  before  the  General  Court  at  their  next  meet- 
ing that  such  measures  may  be  taken  on  the  part  of  your  Government  as 
may  prevent  the  mischiefs  both  are  threatened  with  and  which  must 
unavoidably  happen  should  your  province  act  in  Conformity  to  their 
late  Resolution  for  it  cannot  with  any  appearance  of  Reason  be  imagined 
that  this  Government  will  tamely  suffer  yours  to  go  on  in  settling  the 
Lands  claimed  on  both  sides  but  on  the  Contrary  it  behoves  us  to  take 
every  measure  necessary  and  expedient  to  prevent  so  extraordinary  a 
proceeding  This  Government  desires  as  earnestly  as  yours  can  possibly 
that  the  matter  may  be  Speedily  determined  but  as  this  determination 
cannot  proceed  from  the  authority  of  either  governm'  we  cou'd  wish 
that  in  the  mean  time  all  proceedings  be  suspended,  a  proposal  so  rea- 
sonable and  equitable  in  itself  and  so  much  more  for  the  Honour  and 
Interest  of  both  Provinces  that  I  cannot  in  the  least  doubt  you  will 
heartily  acquiesce  therein  and  place  the  matter  in  such  a  light  to  your 
government  as  may  induce  them  readily  to  agree  to  it.  And  least  the 
General  Court  should  not  meet  shortly  I  must  desire  your  Honour  in 
the  mean  time  to  give  effectual  orders  that  all  preceedings  in  conse- 
quence of  their  late  Resolution  may  be  stayed  until  the  Affair  can  be 
again  laid  before  them. 

This  government  had  determined  to  delay  doing  any  thing  in  the 
matter  until  they  could  know  yours  and  the  further  Sentiments  of  your 


118  Copies  of  Documents  Relating  to  the 

Government  upon  it  But  upon  proof  being  laid  before  them  of  a  Riot 
committed  in  the  Manor  of  Livingston  thought  themselves  obliged  to 
order  the  persons  concerned  in  it  to  be  apprehended  in  order  to  be  put 
on  their  Tryal  for  so  daring  a  procedure  and  contempt  of  the  Governm1. 
of  this  Province  of  which  I  thought  proper  to  give  you  notice  by  send- 
ing you  the  inclosed  Proclamation  that  you  might  not  from  any  misre- 
presentation of  the  matter  have  a  different  opinion  of  our  peaceable 
intention.  And  as  We  think  it  must  be  agreed  on  all  hands  that  the 
Officers  of  your  Govm?  exceeded  any  authority  that  could  be  given  them 
from  thence  We  demand  and  expect  you  will  order  strict  inquiry  to 
be  made  who  the  Officers  or  Persons  were  and  cause  them  to  be  appre- 
hended and  sent  to  this  Government  in  order  for  their  Tryal. 

I  am  &c 

To  the  Honole  Spencer  Phips  Esqr  G.  CLINTON 

The  above  was  Copied  &  signed  by  his  Excy  &  sent  to  Mr  Phips  with 
the  Papers  referred  to  —  this  30  July  1753. 


GW  BANYAR 


-[J\T.  T.  Col.  MSS.\  lxxvii,  145. 


[In  Council.] 

August  31,  1753. 

*  *  *  * 

His  Excellency  laid  before  the  Board          *  *  a  Letter  of  the 

11'."  Instant  from  Governor  Shirley,  acquainting  his  Excellency  of  his 
arrival  at  Boston,  and  that  upon  an  Enquiry  into  the  Affairs  of  that  Gov- 
ernment, he  found  a  Letter  from  his  Excellency  of  the  28th  ult°  to 
Lieutenant  Governor  Phips,  concerning  the  Differences  which  have 
unhappily  arisen  between  the  two  Provinces  with  respect  to  their 
Boundary  Line.  That  at  present  he  is  unable  to  give  any  Answer  to 
the  said  Letter,  being  unacquainted  with  the  Matters  complained  of, 
but  will  take  the  first  opportunity  to  examine  into  them,  and,  when  the 
General  Court  of  that  Province  shall  meet,  he  will  lay  the  Affair  before 
them,  and  promote  as  far  as  he  can  a  friendly  adjustment  of  all  Mat- 
ters, in  dispute,  and  in  the  mean  time  do  every  thing  in  his  Power  to 
keep  the  Borders  in  Peace  and  good  Order,  depending  that  his  Excel- 
lency will  do  the  like  on  his  part.  And  then  his  Excellency  acquainted 
the  Council,  that  he  had  wrote  an  answer  to  the  said  Letter  from  Gov- 
ernor Shirley,  assuring  him,  that  he  would  on  his  part,  do  every  thing 
in  his  Power  to  preserve  the  Peace,  and  good  Order,  on  the  Borders  of 
this  Government. 

*  *  *  * 

— [JV.  Y.  Council  Minutes  (MS.),  v.  23,  p.  98. 


Boundaries  of  the  State  of  New  York.  119 

[In  Massachusetts  General  Assembly.] 

May  it  please  your  Excellency, 

The  Two  Houses  have  carefully  Considered  the  Letter  from  his 
Excellency  Governor  Clinton  to  Lieutenant  Governor  Phips  of  July 
28th  last,  which  your  Excellency  was  pleas'd  to  lay  before  us,  together 
with  the  Report  of  a  Committee  of  his  Majesty's  Council  at  New  York, 
as  also  an  Act  of  New  York  General  Assembly  impowering  Commis- 
sioners to  make  proposals  for  amicably  setliug  the  Controversy  concern- 
ing the  Liue  between  this  Government  and  that. 

On  this  Affair,  We  beg  leave  to  observe  to  your  Excellency,  that 
the  present  warmth  and  disorders  arose  upon,  or  at  least  quickly  after, 
the  Petition  of  some  persons  (who  had  encroach'd  on  this  Province's 
ungranted  Lands  West  of  Sheffield)  that  the  General  Court  of  this 
Province  would  sell  or  dispose  of  to  them,  the  Lands  they  thus  pos- 
sesst ;  not  long  after  this,  a  Number  of  persons  in  the  Employ  of 
Robert  Livingston  j'  Esq'  burnt  down  the  Dwelling  house  of  George 
Robinson  one  of  these  Petitioners,  and  M'  Livingston  caused  his  Body 
to  be  attached  &  Committed  to  Albany  Goal,  by  a  Warrant  from 
Authority  in  New  York  Province,  who  was  afterwards  Bail'd  by  Order 
of  this  Government,  upon  which  the  General  Court  of  this  Province, 
from  a  sincere  desire  of  Peace  and  good  Order,  and  to  preserve  a  good 
understanding  with  New  York  Government,  propos'd  to  that  Govern- 
ment the  mutual  appointment  of  Commissioners  for  setling  the  Boundary 
Line  between  the  two  Provinces ;  this,  New  York  Government  did  not 
agree  to,  but  on  the  Advice  of  the  Council  there,  in  a  very  Majesterial 
manner,  It  was  Demanded  of  this  Government  —  What  Right  they 
had  to  Soil  or  Jurisdiction  West  of  Connecticut  River  ?  Suggesting 
that  it  was  but  very  latel)',  they  knew  we  had  any  possessions  West  of 
that  River,  this  proceeding  of  the  Gentlemen  of  New  York  appear'd 
indeed  extraordinary,  as  diverse  of  our  ancient  and  best  Towns  Had 
been  setled  West  of  this  River  about  an  hundred  years,  and  the  Shire 
Town  of  Springfield  near  a  hundred  &  Twenty  Years. 

The  Government  in  New  York  thus  declining  to  Join  in  setling  the 
Line,  and  affecting  to  appear  such  great  Strangers  to  our  Affairs  and 
Circumstances  in  those  Parts  of  this  Province,  the  General  Court  here 
Judg'd  it  vain  to  attempt  any  thing  by  way  of  Treaty  in  the  Contro- 
versy, and  therefore  concluded  to  proceed  in  the  best  manner  they 
could  by  themselves,  and  that  they  might  be  well  inform'd  of  all  Cir- 
cumstances, last  April  sent  a  Committee  to  View  the  Lands  West  of 
Sheffield  and  Stockbridge,  and  report  the  Exact  state  of  Affairs,  which 
Committee  went  accordingly  and  on  the  spot  Robert  Livingston  Esq', 
aforesaid,  agreed  with  them,  and  they  with  him,  that  all  proceedings 
should  be  stopt,  till  further  Orders  were  taken  by  the  two  Governments, 


120  Copies  of  Documents  Relating  to  the 

notwithstanding  which  in  July  last,  Mr.  Livingston  with  above  sixty 
men  arm'd  with  Guns,  Swords,  and  Cutlasses,  in  a  very  hostile  and 
riotous  manner,  entered  upon  part  of  said  Lands  in  the  possession  of 
Josiah  Lomis,  Cut  down  his  Wheat,  and  carried  it  away  in  his  Wagons, 
and  destroy'd  above  five  acres  of  Indian  Corn,  then  growing  on  Lands 
possess't  by  said  Lomis;  complaint  being  made  of  these  Violent  pro- 
ceedings to  the  Authority  in  the  County  of  Hampshire,  Warrants  were 
granted,  and  two  of  the  Rioters  apprehended,  Who  enter'd  into  Bonds 
for  appearance  things  being  thus  very  much  perplex'd,  and  likely  to 
grow  worse,  and  New  York  Government  still  declining  to  do  any  thing, 
the  General  Court  of  this  Province  in  their  last  Session  appointed  a 
Committee  to  repair  to  the  place  in  Controversy,  &  dispose  of  the  Land 
thus  incroach't  on,  or  some  way  or  other  quiet  the  persons  contending, 
which  Committee  propos'd  soon  fco  proceed  in  said  Affair  ;  but  have  not 
as  yet,  and  as  New  York  Government  have  appointed  Commissioners 
it  is  tho't  best  to  Join  them,  and  meet  sometime  in  the  month  of  Novem- 
ber next  at  Middleton  in  the  Colony  of  Connecticut,  being  a  neu- 
tral place  and  about  midway  between  the  Capitol  of  this  and  that 
Government. 

We  beg  leave  further  to  observe  that  notwithstanding  the  lenity  of 
our  Authority's  proceedings  and  readiness  to  take  Bond  of  the  two 
Rioters  apprehended,  yet  Michael  Halenbeck  a  Dutchman,  whom  they 
supposed  to  favour  the  taking  Van  Dusars,  has  been  apprehended  and 
closely  confin'd  in  Dutchess  County  Goal  (it  is  said  to  be  in  a  Dungeon) 
and  the  most  unexceptionable  Bail  refus'd. 

We  would  further  observe  to  your  Excellency,  that  We  apprehend  his 
Excellency  Governor  Clinton,  and  his  Majesty's  Council  of  New  York 
were  not  truly  inform'd  of  the  proceeding  of  the  said  Livingston  and 
others,  upon  said  Controverted  Land,  which  if  they  had  been,  we  have 
reason  to  think  the  Proclamation  accompanying  Governor  Clinton's 
Letter  had  never  been  issued,  neither  would  Governor  Clinton  have 
made  such  a  very  Extraordinary  and  unprecedented  demand,  that  the 
Officers  of  this  Government  should  be  sent  to  New  York  for  a  Trial. 
In  Council  Sept'  11'?  1753.  Read  and  Accepted. 
Sent  down  for  Concurrence 

J.  WILLARD  Secry 

In  the  House  of  RepT?"  Septr  11*  1753,  Read  &  Concurr'd  &  Voted 
that  MT.  Welles,  Mr;  James  Bowdoin,  Col0.  Winslow,  Cap,  Chandler  & 
MT  Fletcher,  with  such  as  the  Hon0!6  Board  shall  Join,  be  a  Committee 
to  wait  upon  his  Excellency  the  Governor  with  the  message  that  has 
pass'd  the  two  Houses  this  Day. 

Sent  up  for  Concurrence 

T.  HUBBARD  SpkT 


Boundaries  of  the  State  of  New  Yore.  121 

In  Council  Septr.  ll'.h  1*753;  Read  and  Concurr'd,  and  Andrew  Oliver, 
Isaac  Royal  and  Eleazer  Porter  Esqrf  are  Joined  in  the  Affair. 

J.  WILLARD  Secry 

A  True  Copy  Examined 
§g     THOICLARKK  Dp*  Secry. 

[Endorsement.]     Sept'  29.     Read  in  [N.  Y.]  Council  &  referred  to 
the  Committee  and  Comm™  appointed  by  Act  of  Assembly. 

— [JST.  Y  Col.  MSS.y  lxxvii,  157 ;  N.Y  Doc.  Hist.,  iii,  754  (8°  ed.). 


[Governor  Shirley  to  Governor  Clinton.] 

Boston  September  17,  1753 
Sir 

The  General  Assembly  of  this  Province  having  met,  since  writing  my 
former  Letter  to  your  Excellency ;  I  acquainted  them  at  the  Opening 
of  the  Session,  that  one  principal  Cause  of  my  Calling  them  together 
at  this  busy  Season  of  the  Year  for  their  Husbandry  Affairs,  was  the 
unhappy  Differences,  which  had  lately  arrisen  between  the  Government 
of  New  York  and  this  Government  respecting  their  Boundarys;  And  I 
earnestly  recommended  to  them  the  taking  such  Measures,  as  may  tend 
to  an  Amicable  Settlement  of  them  ;  And  for  this  purpose  I  lay'd  your 
Excellencys  Letter  to  Lieutenant  Governor  Phips,  and  the  Papers 
accompanying  it  before  the  two  Houses,  who  have  thereupon  come  into 
the  Resolution  of  sending  Commissioners  to  treat  with  the  Commis- 
sioners of  your  Government  upon  this  important  affair ;  and  Commis- 
sioners are  accordingly  Chosen  and  appointed,  with  power  and  directions 
to  repair  to  the  Town  of  Middletown  in  the  Colony  of  Connecticut 
(that  being  a  Neutral  Place  and  computed  to  be  about  Midway 
between  the  two  Provinces)  upon  the  15th  day  of  November  next  then 
and  there  to  treat  with  Commissioners  appointed  on  the  Part  of  your 
Excellency's  Government  for  the  same  purpose,  or  at  such  other  time 
and  place  in  the  Colony  of  Connecticut,  as  shall  be  Mutually  agreed 
upon  between  the  Commissioners  of  the  two  Governments. 

The  two  Houses  have  likewise  by  their  Message  to  me  set  forth  the 
Proceedings  of  this  Government  in  order  to  Vindicate  it  from  any  Mis- 
taken Apprehensions,  which  the  Government  of  New  York  may  have 
of  their  Conduct  in  this  Affair,  with  their  desire  that  I  would  lay  the 
same  before  your  Excellency :  And  have  represented  to  me  the  severe 
Treatment  which  one  Michael  Hallenbeck  hath  received  from  some 
Officers  in  your  Excellency's  Government  (on  Account  of  his  being  con- 
cerned in  this  Dispute)  who  refused  sufficient  Bail  for  his  Appearance 
and  Confined  him  in  a  Dungeon. 


122  Copies  of  Documents  Relating  to  the 

Tli ere  are  several  Declarations  taken  upon  Oath  to  support  the  Truth 
of  this  Representation  ;  and  the  two  Houses  have  desired  that  I  would 
move  your  Excellency  for  this  Mans  Enlargement  upon  good  Bail ;  And 
I  cannot  but  hope  that  if  your  Excellency  upon  Inquiry  shall  find  this 
matter  as  it  is  (in  the  Message  to  me)  represented,  you  will  think  it 
reasonable  to  gratify  us  in  this  request ;  And  the  rather  because  the 
Persons  belonging  to  your  Govern ment,  who  were  apprehended  by  our 
Officers,  were  readily  admitted  to  Bail. 

Without  mutual  Condescentions  on  both  sides  there  can  be  but  little 
Prospect  of  any  accomodation  of  these  Differences;  And  I  think  the 
Assembly  of  this  Province  is  well  disposed  to  do  every  thing  consistent 
with  their  Honour  and  with  what  they  conceive  to  be  the  Right  of  this 
Government,  to  facilitate  a  peaceable  Issue  of  this  unhappy  Controversy. 

I  herewith  inclose  Copys  of  the  Act  of  the  General  Court  also  the 
Messages  above  refer'd  to  for  your  Excellency's  Consideration,  and 
desire  you  will  be  pleased  to  let  me  know  the  Determination  of  your 
Government  upon  these  Matters  as  soon  as  may  be  Convenient. 

I  have  the  Honour  to  be  with  very  great  Regard 

Sr  Yr  Excellency's  Most  Humble 

&  Most  Obedient  Serv* 

W  SHIRLEY. 
To  His  Excellency  the  Honble  George  Clinton  Esqr 

[Endorsement.]  Sepr  29.  Read  in  Council  and  Referred  with  the 
Papers  inclosed  to  a  Commee  of  Council  &  Commissioners  appointed 
by  Act  of  Assembly. 

— [JV.  Y.  Col.  MS&,  lxxvii,  158. 


Province  of  the     ) 
Massachusetts  Bay  j 

Anno  Reigni  Regis  Georgii  secundi  &c*  vicessimo  septimo 

An  Act  to  appoint  Commissioners  to  examine  into  the  Boundary  Line 
or  Lines  between  this  Government  &  New  York,  and  to  treat  with  the 
Commissioners  appointed  by  the  Colony  of  New  York  respecting  the 
same. 

Whereas  Disputes  of  late  have  arisen  with  respect  to  the  Right  of 
Soil  &  Jurisdiction  of  the  Lands  which  lye  West  of  &  Near  to  the 
Towns  of  Sheffield  &  Stockbridge,  &  Encroachments  have  been  made 
upon  the  Lands  of  this  Province. 

Be  it  enacted  by  the  Govern?  Council  &  House  of  Represent™ 
that  Samuel  Welles  Esqr.  John  Chandler  Esqr.  Thomas  Hutchinson  Esqf 
James  Otis  Esq?  &  Oliver  Partridge  Esq1:  be  and  hereby  are  appointed 
Commissioners  to  examine  into  the  Boundary  Lines  between  this  Pro- 


Boundaries  of  the  State  of  New  York.  123 

vince  &  New  York;  And  they  are  hereby  authorized  &  directed  to 
repair  to  the  Town  of  Middletown  in  the  Colony  of  Connecticut,  upon 
the  fifteenth  day  of  November  next,  then  &  there  to  meet  with  Com- 
missioners appointed  by  the  Governm'  of  New  York  for  the  same  Pur- 
pose, or  to  meet  at  such  other  time  or  at  such  other  Place  in  said 
Colony  as  shall  be  mutually  agreed  upon  between  the  Commiss'.8  afore- 
said; And  the  said  Samuel  Welles  EsqT  John  Chandler  Esqr.  Thomas 
Hutchinson  Esq!"  James  Otis  Esqf  &  Oliver  Partridge  Esqr  or  the  major 
Part  of  them,  are  hereby  fully  authorized  &  impowered  to  treat  with 
the  said  Commissioners  from  New  York,  &  to  receive  such  Proposals  as 
they  shall  make  for  setling  the  said  Boundary  Line,  as  likewise  to 
pursue  all  such  Steps  &  Methods,  &  to  make  such  other  Proposals  to 
the  said  Commiss'.*  from  New  York  as  to  them  the  said  Samuel  Welles, 
John  Chandler,  Thomas  Hutchinson,  James  Otis  &  Oliver  Partridge  or 
the  major  Part  of  them  shall  seem  most  advisable,  in  order  to  procure  a 
speedy  &  legal  Settlement  of  the  Boundary  aforesaid. 

Provided  always  that  no  such  proposed  Settlement  shall  actually  be 
made  by  the  said  Commiss"  but  the  same  shall  be  reported  by  them  to 
the  General  Assembly  of  this  Province. 

Sept'  13,  1753.  This  Bill  having  been  read  three  several  times  in  the 
House  of  Repres™8  —  Pass'd  to  be  enacted 

,  T.  HUBBARD  SpkT 

Sept'  13,  1753.  This  Bill  having  been  read  three  several  times  in 
Council  —  Pass'd  to  be  Enacted. 

J.  WILLARD  Secry. 
Sept'  13,  1753.     By  the  Governour 

I  Consent  to  the  Enacting  of  this  Bill. 

W.  SHIRLEY 
A  True  Copy  Examined. 

f      THO?  CLARKE  Dpty  Secry. 

[Endorsement.  Sep.'  29.]  Read  in  [N.  Y.]  Council  &  Referred  to 
the  Committee  of  Council  and  Commissioners  appointed  by  Act  of 
Assembly. 

—[JV.  Y  Col.  M8S.y  lxxvii,  159. 


Province  of  the     ) 
Massachusetts  Bay  f 

In  the  House  of  Repres™  Septf  14,  1753. 

It  being  represented  that  Michael  Halenbeck  lately  dwelling  on  some 
Lands  in  Dispute  between  this  Governm*  and  that  of  New  York,  was 
some  time  past  imprisoned  in  Dutchy's  County  Goal  by  Order  or  War- 
rant from  the  Authority  in  New  York  Province,  &  unexceptionable  Bail 
refused  by  the  Officer;  is  still  continued  in  very  close  confinement  &  in 


124  Copies  of  Documents  Relating  to  the 

a  very  uncomfortable  Place,  notwithstanding  the  Offer  of  very  sufficient 
Bail.  —  Wherefore 

Voted  that  His  Excy  the  Governour  be  desired  as  soon  as  may  be  to 
write  very  particularly  on  this  Affair  to  his  Excy  the  Governour  of 
New  York,  the  two  Houses  apprehending  that  the  common  Rights  of 
any  or  all  his  Majesty's  Subjects  in  such  Circumstances  are  denied  him. 

Sent  up  for  Concurrence. 

T.  HUBBARD  Spkr 

In  Council  Sept'  14,  1753,  Read  &  Concur'd 

THO-8  CLARKE  Dep*  Secry. 

A  True  Copy  Examined. 

g.     THO*  CLARKE  Dp*  Secry. 

[Endorsement.]  Sep'  29.  Read  in  [N.  Y.]  Council  and  referred  to  j*. 
Committee  of  Council  &  Commissioners  appointed  by  Act  of  Assembly. 

— [&.  T.  Col.  MSJS.,  lxxvii,  160. 


[In  Council.] 

September  29,  1753. 
*  *  *  * 

His  Excellency  laid  before  the  Board  a  Letter  from  Governor  Shirley 
of  the  17th  Instant,  acquainting  his  Excellency,  that  having  laid  his 
Excellency's  Letter  of  the  28th  July  to  Lieutenant  Governour  Phips, 
and  the  Report  of  the  19th  July  Last,  sent  therewith,  before  the 
General  Court  of  that  Government,  they  had  come  to  a  Resolution  to 
send  Commissioners  to  treat  with  Commissioners  of  this  Province 
respecting  the  Boundary  Line  or  Lines  between  the  two  Provinces,  and 
that  Commissioners  are  appointed  accordingly  for  that  purpose,  who 
are  to  repair  to  the  Town  of  Middletown  in  Connecticut,  on  the  15th 
of  November  next,  then  and  there  to  treat  with  Commissioners  appointed 
by  this  Government  for  the  same  purpose,  or  at  such  other  time  and 
place  in  Connecticut  as  shall  be  mutually  agreed  upon  by  the  said  Com- 
missioners —  And  also  desiring  the  enlargement  of  one  Michael  Hallin- 
beck  confined  in  the  Goal  of  Dutches  County  in  this  Province,  The 
Officers  of  this  Government  having  as  alledged  in  this  Letter  refused 
Sufficient  Bail  for  his  appearance. 

Which  Said  Letter  was  read  together  with  the  following  Papers 
inclosed  therein  viz* 

A  copy  of  a  Report  of  the  two  Houses  of  the  Province  of  Massachu- 
sets-Bay  of  the  11th  September  last,  relating  to  the  said  Matter  in  Con- 
troversy between  the  two  Governments. 

A  Vote  of  the  said  two  Houses  desiring  his  Excellency  the  Governor 
of  that  Province  to   apply  to  this  Government,  respecting  the   said 


IVBESITY 

Boundaries  of  the  State  of  New  Yoi 


Michael  Hallinbeck's  being  confined  in  Goal  in  Dutches  Count 

stil  continued  there,  notwithstanding  the  Offer  of  unexceptionable  Bail. 

And 

A  Copy  of  an  Act  to  appoint  Commissioners  to  examine  into  the 
Boundary  Line  or  Lines  between  the  Governments  of  Massachusets-Bay 
and  New  York,  and  to  treat  with  the  Commissioners  appointed  by  the 
Colony  of  New  York  respecting  the  same. 

On  reading  whereof  It  is  ordered  by  his  Excellency  with  the  advice 
of  the  Council,  That  the  said  Letter  and  papers  be  referred  to  the  Com- 
mittee of  the  Council,  and  the  Commissioners  appointed  to  Examine 
into  the  Eastern  Boundaries  of  this  Government,  and  that  the  said  Com- 
mittee and  Commissioners  do  consider  of  the  same,  and  make  Report 
thereupon  to  this  Board  with  all  convenient  speed. 

*  *  *  * 

— [iV.  Y  Council  Minutes  (MS.),  v.  23,  p.  105. 


November  19,  1753. 
*  *  *  * 

His  Honour  communicated  to  the  Board  a  Report  of  the  Committee 
and  Commissioners  appointed  to  examine  into  the  Eastern  Boundaries 
of  this  Province,  (dated  the  lC1*  Instant)  on  the  papers  referred  to 
them  by  Order  of  this  Board  of  the  29'!1  September  last,  relateing  to  the 
dispute  between  this  province  and  the  Massachusets-Bay  as  to  the 
Extent  of  their  Boundaries.  And  the  said  Report  being  read,  was,  on 
the  question  being  put,  approved  of  and  confirmed;  and  the  Council 
humbly  advised  his  Honour  to  send  the  same  to  Governor  Shirley,  to  be 
laid  before  the  General  Court  of  the  Massachusets-Bay  at  their  next 
Meeting  :  And  also  to  acquaint  Governor  Shirley  with  the  Reasons  why 
the  same  has  been  so  long  delayed. 
— [A7!  Y.  Council  Minutes  (MS.),  v.  23,  p.  128. 


Report  on  the  Papers  from  Massachusetts  Bay. 

May  it  please  your  Honor 

In  obedience  to  an  Order  in  Council  on  the  29th  day  of  September 
last  referring  to  the  Committee  of  Council  and  the  Commissioners 
appointed  to  examine  into  the  Eastern  Boundaries  of  this  province  A 
Letter  from  his  Excellency  Governor  Shirley  to  the  late  Governor  Clin- 
ton of  the  17th  of  September  last  [with  other  papers  enumerated]  *  * 
We  have  duly  weighed  and  considered  of  the  same  But  before  we 
proceed  to  Report  our  opinion  thereon  to  your  Honour  beg  leave  briefly 
to  recite  the  proceedings  touching  the  said  Matters  as  they  appear  in  the 
papers  laid  before  us  which  we  find  as  follow. 


126  Copies  of  Documents  Relating  to  the 

That  upon  Complaints  of  Encroachments  made  by  people  of  the 
Massachusetts  Bay  On  Lands  long  since  granted  under  the  great  seal  of 
this  province  a  Committee  of  the  Councill  of  the  said  province  did  in 
their  report  of  the  Twenty  Eighth  of  ffebruary  Last  set  in  a  clear  light 
his  Majestys  right  To  the  Jurisdiction  and  soil  of  the  Lands  westward 
of  Connecticut  river  and  northward  of  the  Colony  of  Connecticut  as 
part  of  this  his  Majesty's  province  of  New  York  and  then  pointed  out 
and  Considered  all  the  Grants  within  their  Knowledge,  by  which  the 
Colony  of  the  Massachusetts  Bay  have  pretended  To  claim,  and  showed 
that  they  could  not  under  any  of  them  rightfully  claim  any  soil  or 
Jurisdiction  west  of  Connecticut  river  and  proposed  that  the  Generall 
Court  of  the  Massachusetts1  Bay  should  Inform  this  Government  "  By 
what  Warrant  they  Claim  or  Exercise  any  right  To  soil  or  Jurisdiction 
west  of  Connecticut  river  "  To  which  the  Generall  Court  of  the  Massa- 
chusetts Bay  after  Considering  the  said  report  made  no  answer.  But 
Instead  thereof  proposed  the  appointment  of  Commissioners  by  Both 
provinces  for  settling  the  Bounds  between  the  said  Colonies. 

That  the  Councill  of  this  province  on  the  first  of  May  Last  Exhibited 
Sufficient  reasons  why  Commissioners  ought  not  To  be  appointed  on  the 
part  of  this  province  for  that  purpose.  But  that  the  Colony  of  the 
Massachusetts  Bay  ought  to  answer  the  former  plain  request  made  Con- 
cerning their  Warrant,  to  Claim  Westward  of  Connecticut  River. 

That  on  the  Twelfth  of  June  Last  the  General  Court  of  the  Massa- 
chusetts Bay  gave  a  Generall  But  no  particular  answer  To  the  said 
Question  Twice  proposed  to  them  But  Instead  thereof  resolve  to  pro- 
ceed in  the  matters  first  Complained  of  by  this  Government. 

That  the  Councill  of  this  province  on  the  19th  of  July  Last,  particu- 
larly pointed  out  the  defects  and  Insufficiencys  of  the  answer  of  the 
Massachsetts  Bay  to  said  Question.  And  the  injustice  of  their  Resolu- 
tion to  proceed  and  take  upon  themselves  To  be  the  judges,  in  Contempt 
of  his  Majestys  Sole  right  to  Judge  in  this  matter,  and  that  the  said 
Councill  propose  the  sending  them  a  Coppy  of  the  act  of  this  province 
for  appointing  Commissioners  to  Examine  into  the  Eastern  Bounds  of 
this  Colony,  and  also  propose  the  stay  of  Exercising  the  Jurisdiction 
of  this  province  on  any  lands  Eastward  of  our  antient  grants  till  the 
final  Settlement  of  this  Controversy  or  his  Majestys  pleasure  should  be 
known,  if  the  Massachusetts  Bay  would  make  no  other  Encroachments 
on  the  said  antient  Grants,  But  that  should  they  Continue  their 
Encroachments  it  would  then  be  the  Indispensable  duty  of  this  Govern- 
ment to  protect  his  Majestys  Subjects  thereof. 

That  some  person  or  persons  pretending  To  Be  Officers  of  the  Massa- 
chusetts Bay  came -into  the  mannor  of  Livingston  in  this  province 
(which  manor  has  been  in  the  quiet  possession  of  Robert  Livingston 


Boundaries  of  the  State  of  New  York.  127 

Junr  and  his  Ancestors  about  Sixty  Years  under  grants  of  this  province) 
and  on  or  about  the  nineteenth  day  of  July  last  with  the  aid  and 
assistance  of  a  great  number  of  persons  in  a  Riotous  manner  Entred  the 
house  of  Robert  Vanduesen  in  the  said  Mannor  of  Livingston,  and  by 
force  took  Bound  and  Carryed  away  the  said  Robert  Vanduersen  and 
his  son  Johannes  out  of  the  said  Mannor  of  Livingston  in  Order  to  Con- 
fine them  In  some  Goal  of  the  Government  of  the  Massachusetts 
Bay  pretending  they  acted  under  a  Warrant  or  Authority  from  that 
Government. 

That  on  the  Twenty  Eighth  day  of  July  Last  a  proclamation  was 
Issued  by  the  Late  Governour  Clinton  to  apprehend  the  said  Rioters  and 
all  who  should  for  the  future  enter  upon  any  Lands  granted  under  the 
great  seal  of  this  province  By  Colour  of  any  Authority  from  the  Massa-, 
chusetts  Bay  or  New  Hampshire  and  to  Committ  them  to  Goal  to 
remain  till  delivered  by  due  Course  of  Law.  And  That  Michael  Hal- 
lenbeck  one  of  the  said  Rioters  was  by  Vertue  of  the  said  proclamation, 
apprehended  and  Committed  to  the  Goal  of  Dutchess  County. 

These  things  premised  we  shall  beg  leave  to  report  our  opinion  on 
the  Papers  referred  to  us  and  first  as  to  Michael  Hallenbeck's  confine- 
ment in  Goal  in  this  province  we  have  seen  a  Coppy  of  a  Letter  from 
Governour  Clinton  to  Governour  Shirley  of  the  first  of  October  Last, 
acquainting  him  with  Hallenbeck's  Escape  out  of  Goal  and  the  mistakes 
of  their  Information  Concerning  him  which  renders  any  other  answer  in 
Our  opinion  needless  Save  that  it  has  been  proved  to  us  that  the  Land 
on  which  the  said  Hallenbeck  was  settled  at  the  time  of  the  said  Riot, 
has  been  held  by  him  and  Others  before  him  under  the  said  Robert 
Livingston  and  his  ancestors  as  part  of  the  Mannor  of  Livingston  above 
Sixty  Years  upon  annual  rents. 

We  Conceive  that  the  Massachusets  Bay  could  not  with  any  pro- 
priety, Interfere  in  the  matter  of  his  Imprisonment  even  had  his  Bail 
been  refused  after  proper  application  which  however  was  not  done. 

As  to  the  said  Representation  of  the  11th  of  September 

The  two  Houses  of  the  Massachusetts  Bay  declare  therein  that  "  they 
proposed  the  mutual  appointment  of  Commissioners  for  Settling  the 
Boundary  Line  [which]  this  New  York  Government  did  not  agree  to. 
But  on  the  advice  of  the  Councill  there  in  a  very  Magisterial  manner  It 
was  demanded  of  this  Government  what  right  they  had  to  soil  or  Juris- 
diction west  of  Connecticut  river." 

Upon  which  we  Beg  Leave  to  remark  that  when  they  made  the  pro- 
posal to  appoint  Commissioners  which  was  on  the  12th  of  Aprill  they 
had  the  report,  of  the  Councill  of  this  province  of  the  28th  of  ffebruary 
under  their  Consideration  In  which  the  Question  which  they  are  pleased 
to  term  Magisterial  was  Contained  and  that  it  was  a  proper  and   the 


128  Copies  of  Documents  Relating  to  the 

only  Rational  Question  that  Could  be  put  will  appear  upon  Considering 
that  report  and  in  part  from  the  purport  of  it  herein  Before  set  forth. 
'Tis  a  question  to  which  this  Government  had  Intitled  it  self  To  a  fair 
answer  by  the  rule  of  Equality  of  doing  To  us  as  we  had  done  to  them  by 
our  haveing  given  a  fair  answer,  in  such  manner  as  if  the  Like  question 
had  been  put  by  the  Massachusets  Bay  to  this  Government,  and  'Tis  a 
question  We  suppose  they  would  have  answered,  &  thereby  have  set 
forth  their  right  if  any  other  they  had  than  what  by  that  report  is 
pointed  out  and  shown  to  be  void. 

We  would  further  remark  that  they  Omitt  the  reason  given  by  the 
Council  here  on  the  first  of  May  Last  why  it  was  improper  to  appoint 
Commissioners  for  the  purpose  Requested  and  are  pleased  to  Introduce 
this  which  they  call  Magisterial  as  if  it  had  Been  the  answer  of  this 
province  to  their  request  But  why  this  representation  of  the  matter  is 
made  by  them,  they  can  best  account. 

To  the  next  paragraph  wherein  they  Question  What  the  Councill  here 
had  declaimed  in  their  Report  of  the  1"  of  May  Concerning  their  knowl- 
edge of  this  affair,  We  say  the  Council  here  are  on  their  Oaths  in  all 
their  Transactions  as  Councillors  and  it  seems  to  stand  in  need  of  some 
Apology  to  call  in  question  what  they  had  so  declared. 

They  are  then  pleased  to  Express  themselves  thus  "As  diverse  of  our 
ancient  and  best  Towns  had  been  settled  West  of  this  river  about  an 
hundred  years  and  the  Shire  Town  of  Springfield  near  an  hundred  and 
Twenty  years  "  with  respect  to  Those  things  they  might  have  been  so 
and  yet  not  have  Come  to  the  Knowledge  of  the  Councill  here,  and  if 
they  are  so  (which  we  know  not)  Yet  we  do  not  apprehend  that  they 
will  make  a  Title  to  any  Lands  against  his  Majesty. 

On  the  first  reading  of  the  above  paragraph  few  of  us  doubted  but 
that  the  Shire  Town  of  Springfield  had  been  situated  on  the  west  side 
of  Connecticut  river  Till  we  were  informed  that  it  is  on  the  East  side  of 
the  river  &  that  Mr  Poplis  Large  map  Represents  it  so  which  Informa- 
tion some  of  us  doubted  and  still  doubts  the  Truth  of,  Because  of  the 
Difficulty  of  Reconciling  it  with  what  was  Conceived  the  Obvious  sense 
of  the  above  paragraph. 

We  believe  that  their  Committee  did  Last  May  Enter  into  the  Manor 
of  Livingston  (quietly  possessed  under  a  grant  of  this  province  about 
Sixty  years  without  any  pretence  of  the  Massachusetts  Bay)  and  are 
Informed  that  notwithstanding  the  said  Robert  Livingston  had  then 
offered  to  shew  them  his  Title  and  had  actually  shewn  them  a  Coppy  of 
the  said  report  of  the  28th  ffebruary  and  also  the  report  of  their  Gen- 
erall  Court  of  the  12th  of  Aprill  proposing  To  appoint  Commissioners 
for  the  Settlement  of  the  Boundary s  in  question  and  had  represented  to 
them  the  injustice  of  their  proceedings  and  the  undue  means  taken  to 


Boundaries  of  the  State  of  New  York.  129 

Corrupt  his  Tenants  and  to  induce  them  to  disown  his  title  and  pay  him 
no  more  Rents  and  even  after  the  said  Committee  of  the  Generall  Court 
had  appeared  Satisfied  of  the  Injustice  which  had  been  done  to  him  and 
had  in  his  presence  recommended  to  his  Tenants  To  pay  their  rents  and 
agree  with  him  as  well  as  they  Could  till  the  line  was  settled  Yet  Sev- 
eral persons  did  about  ten  days  after  proceed  by  order  of  the  said 
Comme  as  we  are  Informed  to  the  Surveying  and  running  a  line  within 
the  said  mannor  and  we  believe  that  Instead  of  the  said  Committees 
agreeing  with  him  "  that  all  proceedings  should  be  stop't  till  further 
Orders  were  taken  by  the  Two  Governments "  They  did  Only  recom- 
mend to  his  Tenants  the  Conduct  above  set  forth.  But  that  he  agreed 
to  give  up  his  mannor  or  any  part  of  it  To  them  or  to  any  of  his  Cor- 
rupted Tenants  or  to  lay  aside  the  Exerciseing  his  just  right  within  his 
mannor  as  is  in  part  Insinuated  we  think  is  against  reason  to  Believe. 

No  authority  in  the  County  of  Hampshire  had  any  Right  To  take 
Cognizance  of  any  offence  (if  that  was  one)  done  in  the  manor  of 
Livingston  within  this  province  and  it  was  highly  Criminal  in  any  of 
their  Officers  to  Execute  any  warrants  there,  and  the  demand  of  the 
Delivery  up  of  those  officers  to  be  sent  here  for  their  Tryalls  we  do  not 
apprehend  was  extraordinary  or  unprecedented  but  Rational  and  Just 
for  suppose  officers  of  this  Province,  by  a  Warrant  from  him,  went  to 
Boston,  and  Broke  Open  a  house  there,  and  brought  away  the  people, 
and  Committed  them  to  Goal  here,  for  an  offence  done  in  Boston,  would 
it  be  very  Extraordinary  or  unprecedented,  to  demand  those  officers 
from  this  Government  for  their  tryalls  in  Boston,  for  that  high  Crime 
Committed  there  by  them  ?  But  the  Cases  are  alike  for  the  Manor  of 
Livingston  we  Conceive  to  be  as  clearly  part  of  this  province  as  Boston 
is  part  of  Massachusetts-Bay,  and  while  the  said  Report  of  the  28th  of 
ffebruary  Last,  and  what  they  call  the  Magisterial  Question  therein, 
stands  unanswered,  we  Believe  it  will  appear  so  to  every  Impartial  man 
who  reads  it. 

The  Massachusets  Government  have  been  pleased  to  appoint  a  time 
and  place  for  the  meeting  of  their  Commissioners  with  those  of  this 
province  :  If  they  would  have  been  pleased  to  have  Recollected  that 
the  Government  of  this  province  is  his  Majesty's  Immediate  Govern- 
ment, which  theirs  is  not,  it  would  have  been  something  more  Decent 
to  haue  referred  the  nameing  of  those  things  to  this  Government. 

And  as  his  Majesty  is  Concerned  in  the  Controversy,  and  no  Settlement 
which  can  be  made  by  any  authority  Derived  from  Both  Governments 
without  the  Royal  Direction  participation  and  Concurrence,  can  be 
Binding  on  the  Crown,  we  Conceive  that  the  appointment  of  Commis- 
sioners for  that  purpose  would  not  only  be  fruitless  and  Ineffectual  to 
9 


130  Copies  of  Documents  Relating  to  the 

the  Determination  of  the   Controversy  but  also  Derogatory  To   the 
rights  of  the  Crown  and  disrespecfull  to  his  most  Sacred  Majesty. 

Had  the  Government  of  the  Massachusets  Bay  giuen  a  full  and  per- 
fect Answer  to  the  Report  of  the  28th  of  ffehruary  last  and  shown  a 
Colour  of  Title  they  had  by  Grants  of  the  Crown  to  Soil  or  Jurisdic- 
tion West  of  Connecticut  River.  And  shown  any  reasonable  Cause  to 
doubt  whether  the  Connecticut  River  was  the  Eastern  Boundary  of 
this  province.  It's  possibly  there  might  from  thence  have  arisen  some 
Cause  for  the  meeting  of  Commissioners  of  Both  sides  to  Come  to  a 
right  understanding  on  the  Doubtfull  matters  thereby  arisen  But  while 
the  Title  of  this  Province  to  be  Bounded  by  Connecticut  River,  does 
stand  Clear  in  that  Report  and  no  Title  appears  For  the  Massachusetts 
Bay  to  any  soil  or  Jurisdiction  west  of  that  River  We  cannot  appre- 
hend any  use  even  for  the  meeting  of  Commissioners,  nor  that  its  in  the 
power  of  this  Government  to  give  their  Commissioners  any  other 
Instructions  than  to  receive  the  answer  of  the  Massachusetts  Bay  to 
the  matters  in  the  said  report,  To  deliver  which  we  see  no  need  of  the 
Charge  of  the  meeting  of  Commissioners  on  either  side,  when  it  may 
be  done  by  a  Letter  by  the  post. 

There  are  some  other  facts  set  forth  in  the  said  Representation  which 
we  think  are  of  very  little  or  no  Consequence  to  the  matter  in  question, 
whether  they  be  as  set  forth  or  not,  for  which  reason  we  have  declined 
Examining  into  them  and  takeing  any  other  than  this  notice  of  them. 

As  To  his  Excellency  Governour  Shirley's  said  Letter  we  agree  in 
opinion  with  him,  that  there  ought  to  be  Mutual  Condescentions  on 
both  sides,  and  that  there  can  be  But  Little  prospect  of  any  Accomo- 
dation of  those  differences  without  them,  and  whatever  Condescen- 
tion  is  reasonable  to  be  granted  by  this  Government,  we  doubt  not  will 
Be  Complyed  with  when  requested,  and  as  Mr  Livingston  has  already 
been  at  very  considerable  charge  concerning  the  apprehending  of 
Vanduersent  &  his  son  and  procuring  Bail  for  them  we  beg  Leave  to 
recommend  it  to  your  honour  to  desire  of  Governour  Shirley  that  the 
said  Vanduersens  and  their  Bail  be  discharged  to  save  further  Expence 
in  that  matter. 

And  lastly  As  this  Controversy  hath  already  subsisted  a  Long  time 
and  in  the  present  Method  of  carrying  it  on  is  likely  to  be  protracted 
to  a  very  unreasonable  length  without  the  least  Appearance  of  its 
determination  We  pray  your  Honour  will  be  pleased  to  lay  this  Report 
before  the  Governm4  of  the  Massachusets  Bay  to  be  communicated  to 
the  next  General  Court  hopeing  that  they  will  come  to  a  Resolution  to 
signify  to  this  Government  on  what  their  Claim  to  Soil  or  Jurisdiction 
Westward  of  Connecticut  River  is  founded,  and  how  far  the  same 
extends:  that  this  Government  may  Consider   of  the   same,  and   do 


Boundaries  of  the  State  of  New  Yore.  131 

therein  what  shall  appear  just  and  reasonable.  But  if  that  Government 
should  still  decline,  or  neglect  to  take  this  Step,  we  shall,  agreeable  to 
the  Trust  reposed  in  us,  as  soon  as  may  be  prepare,  and  lay  before  your 
Honour,  a  proper  Representation  of  the  several  matters,  which  shall 
have  come  to  our  Knowledge,  and  may  be  thought  material  in  this  Con- 
troversey  In  order  to  be  transmitted  to  his  Majesty. 

All  which  is  nevertheless  humbly  submitted 
By  order  of  the  Commee 

Jn°  Chambers  Chairman 
New  York       '{  By  order  of  the  Commissioners 

16  Novemr  1753  \  Paul  Richard  Chairman. 

— [N.  Y.  Doc.  Hist.,  iii,  454  (4°  ed.),  759  (8°). 


[Governor  Shirley  to  Lieut.-Gov.  DeLancey.] 

Boston  Jan.  218.'  1754. 
Sir, 

Since  my  last  Letter  agreeable  to  what  I  therein  mention'd,  I  have 
by  my  Message  to  y*  Council  &  Representatives  of  this  Province  recom- 
mended to  them  a  Compliance  w'!1  what  your  Government  insisted  upon 
as  a  Condition  previous  to  their  joining  with  us  in  a  Convention  of 
Commissionei's  for  adjusting  y?  Differences  between  y?  two  Provinces 
concerning  their  Boundary  Line,  by  setting  forth  in  as  explicit  a  Manner 
as  may  be,  how  far  their  Claim  to  the  Lands  to  ye.  westward  of  Connec- 
ticut River  extend,  &  upon  what  the)'  are  founded. 

The  Result  of  this  your  Honour  will  find  in  their  Report,  a  Corjy  of 
wc.h  I  inclose;  as  also  that  they  still  express  great  Readiness,  notwith- 
standing ye.  discouragement  they  have  met  with,  for  adjusting  all  Differ- 
ences between  ye.  two  Provinces  in  an  amicable  Manner  by  Commission- 
ers chosen  on  each  Side :  And  as  your  Honour  has  expressed  your  good 
Disposition  to  settle  &  maintain  a  good  Agreement  between  yf  two 
Governments  to  their  mutual  Advantage  I  can't  but  hope  that  you  will 
use  your  Influence  wth  your  Assembly  for  forwarding  a  Meeting  of  Com- 
missioners accordingly:  And  I  beg  you  would  be  pleas'd  to  let  me  know 
their  final  Determination  therein. 

As  to  what  relates  to  MT.  Livingston's  Tenant's  Bail  for  their  Appear- 
ance at  one  of  our  Courts  in  y®  County  of  Hampshire,  I  think  I 
Inform'd  your  Honour  before  that  ye.  Bonds  are  forfeit  by  their  Non 
appearance ;  but  I  shall  endeavour  that  no  Writ  of  Sirefacias  or  other 
Process  shall  issue  thereupon. 

Besides  what  is  mention'd  in  ye.  inclos'd  Report  concerning  y®  deliver- 
ing up  the  Magistrates  of  this  Government  who  have  issu'd  out  their 
"Warrants  for  apprehending  Persons  within  the  Limits  of  the  Tract  now 


132  Copies  of  Documents  Relating  to  the 

in  Dispute  between  ye  two  Provinces,  as  to  y?  Matter  of  Jurisdiction,  in 
order  to  be  try'd  as  Trespassers  for  so  doing  by  y?  Government  of  New 
York,  one  Reason  of  their  Refusal,  I  believe,  is,  that  they  think  such  a 
Proceeding  would  be  giving  up  their  own  Claim,  the  very  Matter  now 
in  Dispute,  &  I  am  satisfy'd  they  will  never  consent  to  do  it. 

The  inclos'd  Intelligence  of  John  Patten,  was  deliver'd  me  by  Doctor 
Clark  of  this  Place,  a  Man  of  good  Sense  and  Veracity;  And  I  under- 
stand by  a  Letter  from  Gov'  Hamilton  that  he  hasemploy'd  this  Patten 
to  go  to  ye.  River  Ohio  in  search  of  what  y".  French  are  now  doing 
there. 

I  have  sent  up  for  Smith  who  wrote  me  ye.  Letter,  w°.h  I  likewise 
inclose  your  Honour  an  Extract  of,  in  order  to  examine  him  further,  & 
will  communicate  to  You  what  further  Information  he  may  give  me. 
I  am  w'.h  much  Truth  &  Esteem 
Sir, 
Your  Honour's  most  Humble  &  most 
Obedient  Servant 

W  SHIRLEY. 
Lieu'  Governour  De  Lancey. 

[Endorsement.]  4  February  Read  in  Council  and  Referred  to  the 
Committee  and  Commissioners. 

— [iV.  Y.  Col  MSS.,  lxxviii,  52. 


[In  Council.] 

February  4,  1754. 

*  *  *  * 

His  Honour  laid  before  the  Board  a  Letter  from  Governor  Shirley  of 
the  21  ult°  inclosing  a  copy  of  a  Report  of  the  General  Court  of  the 
Massachusets  Bay,  on  the  Subject  of  the  Difference  between  this  and 
that  Province,  touching  their  Extent  of  Boundary ;  In  which,  to  shew 
the  Title  of  that  Province  to  the- Lands  in  controversy,  it  is  set  forth 
"  That  they  derive  their  Title  from  a  Grant  made  by  King  James  the 
First  in  1606,  and  confirmed  with  additional  Priviledges  in  1620  to  the 
Council  of  Plymouth.  That  this  Council  on  the  19°  of  March  1627 
granted  to  their  Predecessors  their  heirs  and  assigns  all  the  Lands  within 
their  North  and  South  lines  from  the  Atlantick  to  the  South  Sea  ;  and 
on  the  4th  March  1628  King  Charles  the  first  granted  them  the  jurisdic- 
tion over  these  Lands,  saving  only  such  parts  as  were  possessed  or 
inhabited  by  any  Christian  Prince  or  state  in  1620  :  and  altho'  this 
Grant  of  Jurisdiction  was  vacated  by  a  Judgement  in  Chancery  in  1684, 
yet  all  the  Lands  contained  in  their  first  Grant,  were  expressly  made 
part  of  the  New  Province,  by  the  Charter  of  1691,  the  Rule  for  their 


Boundaries  of  the  State  of  New  York.  i$& 

present  Jurisdiction.  That  they  lay  no  Claim  to  any  Lands  included  in 
the  above  exception,  and  that  as  soon  as  the  Government  of  New  York, 
shall  produce  any  Evidence  of  any  such  Possession  of  the  Dutch  or  any 
Christian  Prince  or  State,  of  any  part  of  the  Lands  granted  to  them 
they  will  immediately  relinquish  all  claim  thereunto. 

Ordered  that  the  said  Report  and  Letter  be  Referred  to  the  con- 
sideration of  the  Committee  and  Commissioners  appointed  to  examine 
into  the  Eastern  Boundaries  of  this  Colony,  and  that  they  Report  their 
Opinion  thereupon  to  this  Board  with  all  convenent  speed. 

*  *  *  * 

— [N.  T.  Council  Minutes  (MS.),  v.  23,  p.  139. 


[In  Massachusetts  General  Court.] 
May  it  please  your  Excellency, 

Your  Excellency's  Message  of  the  26t.h  December  having  been 
maturely  considered  by  the  two  Houses,  we  beg  leave  in  answer  thereto 
to  observe;  that  by  the  Report  of  a  Committee  of  the  Council  and 
Assembly  made  in  your  Excellency's  absence,  we  founded  our  Claim  to 
the  Lands  of  this  Government  controverted  by  New  York,  on  Grants 
as  ancient  as  the  Year  1620,  and  this  Report  was  transmitted  to  New 
York  by  Lieutenant  Governor  Phips,  and  laid  before  the  Council  and 
Assembly  there,  but  it  seems  that  it  is  thought  not  to  be  sufficiently 
declarative  how  far  Westward  our  Claim  extends.  Your  Excellency  is 
sensible  that  we  derive  our  Title  from  a  Giant  made  by  King  James  the 
first  in  1606  and  confirm'd  with  additional  priviledges  in  1620  to  the 
Council  of  Plymouth:  That  this  Council  on  the  19l.h  March  1627  granted 
to  our  Predecessors  their  heirs  &  assigns  all  the  Lands  within  our  North 
and  South  Lines  from  the  Atlantick  to  the  South  Sea,  and  on  41!1  March 
1628  King  Charles  the  first  granted  them  the  Jurisdiction  over  these 
Lands,  saving  only  such  parts  as  were  possessed  or  inhabited  by  any 
Christian  Prince  or  State  in  1620,  and  although  this  Grant  of  Jurisdic- 
tion was  vacated  by  a  Judgment  in  Chancery  in  1684,  yet  all  the  Lands 
contain'd  in  our  first  Grant  were  expressly  made  part  of  the  New 
Province  by  the  Charter  of  1691  the  Rule  for  our  present  Jurisdiction; 
that  we  lay  no  claim  to  any  Lands  included  in  the  above  exception,  and 
we  assure  your  Excellency  that  as  soon  as  the  Government  of  New 
York  shall  produce  any  Evidence  of  any  such  possession  of  the  Dutch 
or  any  Christian  Prince  or  State  of  any  part  of  the  Lands  granted  to 
us,  we  will  immediately  relinquish  all  claim  thereunto. 

We  have  never  yet  had  any  objections  made  to  our  Claim  but  What 
we  apprehend  may  easily  be  removed.     If  the  Government  of  New 


134  Copies  of  Documents  Relating  to  the 

York  are  as  fully  convinc'd  of  the  strength  of  their  Title  to  the  Lands 
they  challenge  it  seems  strange  to  us  that  they  should  decline  joining 
in  a  conference  by  Commissioners ;  Perhaps  the  evidences  which  may  be 
offered  on  one  side  or  the  other  may  have  so  good  an  effect  as  to  pro- 
duce an  accommodation. 

But  we  cannot  help  observing,  and  this  with  great  concern  that  in  all 
the  proceedings  of  the  Government  of  New  York  relating  to  this  affair 
they  seem  inclin'd  to  make  as  wide  a  breach  as  possible.  Their  setting 
up  an  extravagant  Claim  reaching  as  far  as  Connecticut  River,  a  Claim 
never  heard  of  until  within  these  two  Years,  and  which  might  with 
just  as  much  reason  been  extended  to  Merrimack,  could  have  no  other 
effect  than  to  alienate  the  affections  of  the  Inhabitants  of  the  two  Gov- 
ernments :  Their  repeated  refusal  to  treat,  of  the  points  in  difference, 
by  Commissioners  :  Their  authoritative  way  of  expressing  themselves 
in  their  several  Reports,  and  as  a  King's  Province  challenging  a  supei-i- 
ority  over  us,  as  a  Charter  Government,  and  charging  us  with  indecency 
in  proposing  a  time  &  place  for  the  meeting  of  Commissioners :  Their 
demanding  that  our  Officers,  who  had  executed  the  Orders  receiv'd  from 
Authority  here,  should  be  delivered  up  in  consequence  of  a  Proclama- 
tion from  the  Governor  of  New  York,  and  sent  thither  to  be  punished, 
to  say  nothing  more  of  such  proceedings,  all  carry  the  same  complexion. 

We  are  sincerely  desirous  on  our  own  part  of  avoiding  every  thing 
which  may  tend  to  keep  up  this  difference,  But  it  is  impossible  that  we 
should  bear,  without  some  emotion,  to  have  a  new  Claim  set  up  to,  & 
our  Jurisdiction  interrupted  over,  a  large  extent  of  Country,  great  part 
of  it  settled,  and  the  whole  defended  at  vast  Expence  for  above  an  hun- 
dred Years  together.  The  reasons  offered  for  not  appointing  Commis- 
sioners do  not  appear  to  us  to  have  any  weight. 

New  Hampshire  is  a  King's  Province  as  well  as  New  York  and  yet 
in  our  Controversy  with  that  Government  this  method  of  settling  it  was 
recommended  by  his  Majesty.  We  never  supposed  that  New  York  had 
power  to  make  a  final  settlement,  and  on  our  part  we  shall  be  ready  to 
ratify  by  an  Act  of  Government  the  agreement  that  may  be  made  by  our 
Commissioners,  which  Act  by  our  Constitution  must  be  laid  before  his 
Majesty  for  his  Royal  approbation. 

We  have  no  aim  at  any  undue  proceedure,  or  superiority  over  our 
neighbours,  but  we  never  imagin'd  that  a  Royal  Charter  a  mark  of  favour 
from  the  Crown  could  have  any  tendency  to  degrade  the  subjects  of  it 
below  others  who  have  not  obtained  the  like  favour.  We  value  our- 
selves on  this,  that  no  one  Government  has  ever  shown  more  Zeal  to 
promote  his  Majesty's  Service  on  every  occasion,  and  that  no  part  of  his 
subjects  have  more  dutifully  demeaned  ourselves  than  we  have  done. 

When  New  York  shall  have  done  greater  Service  for  the  Crown  than 


Boundaries  of  the  State  of  Mew  York.  135 

the  Massachusetts,  and  the  Inhabitants  of  that  Government  shall  have 
approved  themselves  more  loyal  &  dutiful  than  his  Majesty's  Subjects 
in  this,  we  shall  then  think  they  have  some  reason  to  resent  our  deeming 
ourselves  on  a  Par  with  them. 

We  have  no  private  views  to  serve  in  this  Conti'oversy. 

We  grant  none  of  our  Lands  for  Mannors  and  Boroughs  But  in  con- 
venient limits  for  Townships,  under  conditions  of  speedy  settlement,  in 
order  to  strengthen  and  increase  his  Majestys  Dominions^ 

We  are  not  attempting  any  new  extent  of  Bounds.  Our  Claim  has 
been  uniform  from  the  beginning  &  and  as  occasion  has  offered  we  have 
exercis'd  jurisdiction. 

We  want  no  Strained  Constructions  of  our  Charter  but  are  willing  in 
order  for  an  Accomodation  to  make  reasonable  Concessions  as  to  Juris- 
diction and  Property  rather  than  to  maintain  a  Contention  with  a  neigh- 
bour Government.  But  whilst  our  attempt  to  forward  the  Settlement  of 
this  Controversy  are  thus  slighted,  we  think  we  must  be  justified  by 
all  the  World  in  taking  measures  to  prevent  our  Inhabitants,  who 
implore  our  protection  from  being  harrassed  and  oppressed,  and  we 
doubt  not  your  Excellency  will  take  effectual  care  that  all  Lis  Majesty's 
Officers  within  the  Province  continue  in  the  due  exercise  of  their 
Authority  without  suffering  themselves  to  be  intimidated  by  any  threats 
or  molestations  from  the  Inhabitants  of  any  other  Governments. 

A  True  Copy 
Attest.  J  WILLARD  Secry. 

[Endorsement.]  4t.h  February  1754.  Read  in  [N.  Y.]  Council  and 
Referred  to  the  Committee  and  Commissioners. 

—[2T.  T.  Col  MSS.,  lxxviii,  64. 


April  18,  1754. 
Voted  &  Ordered  that  Samuel  Welles,  John  Chandler,  Tho8.  Hutchin- 
son, Oliver  Partridge  &  John  Worthington  Esq?  Commissioners  appointed 
by  this  Court  (they  or  any  three  of  them)  be  authorized  on  behalf  of  this 
Province  to  meet  Commiss™  which  are  or  may  be  appointed  on  the  Part 
of  the  Province  of  New  York,  &  with  them  to  confer  &  agree  upon  the 
Partition  Line  between  his  Maj'T"  Provinces  of  the  Massachusetts  Bay 
&  New  York,  &  to  prepare  a  proper  Account  &  State  of  the  Line  they 
shall  agree  upon,  to  be  laid  before  their  respective  Principals  for  their 
Consideration  &  Acceptance,  in  order  humbly  to  present  the  same,  after 
their  accepting  it,  to  be  approved  &  ratified  by  his  Majesty  ;  or  other- 
wise to  agree  on  a  Line  to  be  immediately  submitted  to  his  Majesty  for 
his  Royal  Approbation  &  Confirmation  as  the  Commiss™  mutually 
chosen  shall  judge  best.  * 


136  Copies  of  Documents  Relating  to  the 

The  Gentlemen  above  named  to  be  commissionated  by  his  Excellency 
the  Governour  for  the  Purpose  aforesaid  under  the  Seal  of  the  Province. 
Sent  down  for  Concurrance 

J  WILLARD  Secry. 
In  the  House  of  Repress  April  19.  1754 


Read  &  Concur'd 

Consented  to, 
Copy  examined 


T  HUBBARD  Spkf 
W  SHIRLEY. 
g        J  WILLARD  Secry 


[Endorsement.]    April  29.     Read  in  [N.  Y.]  Council  &  referred  to  the 
Commee  &  Comm? 

— [K  T.  Col  MSS.t  lxxviii,  99. 


[Governor  Shirley  to  Lieut-Gov.  Dh  Lancey.] 

Boston  April  22n.d  1754. 
Sir 

Agreeable  to  the  Proposal  you  made  to  me  some  time  since,  that  the 
Meeting  to  be  had  between  Commissioners  of  your  Province  and  this 
for  Deciding  the  Controversy  concerning  the  Boundary  Line  should  be 
held  at  Albany :  The  General  Court  of  this  Province  have  chosen  Com- 
missioners and  impowered  them  to  treat  and  agree  upon  it ;  And  that 
you  may  understand  the  Power  committed  to  them,  I  shall  herewith 
inclose  a  Copy  of  the  Vote  for  granting  the  same.  And  would  beg  the 
favour  of  you  to  acquaint  me  with  what  your  Assembly  shall  determine 
in  Consequence  thereof,  as  soon  as  may  be,  that  our  Commissioners  may 
have  suitable  time  to  prepare  for  the  proposed  Business. 

As  it  may  be  of  some  use  to  you  to  know  what  our  Assembly  have 
done  on  the  Affair  of  the  Interview  with  the  Indians  of  the  six  Nations, 
I  likewise  Inclose  the  Vote  for  Impowering  the  Commissioners  to  Act 
therein. 

Pursuant  to  an  Application  made  to  me  by  the  Council  and  House 
of  Representatives  of  this  Province  occasioned  by  a  Petition  of  one 
Payne  I  must  desire  of  your  Honour  that  Nothing  may  be  done 
by  the  Government  of  New  York  or  any  particular  Persons  there,  that 
shall  tend  to  raise  a  Contention  between  the  two  Governments  at  a  time 
when  a  strict  Friendship  and  Union  seems  more  than  ever  to  be  Neces- 
sary; and  that  such  severe  Proceedings  as  are  said  to  be  had  against 
the  said  Payne  may  be  prevented  for  the  future,  and  that  this  poor 
Prisoner  (if  he  has  been  hitherto  debar'd)  may  be  now  allowed  the 
Privilege  of  Law  more  especially  in  relation  to  the  extraordinary  Bail 
demanded  of  him ;  and  that  he  may  be  set  at  Liberty  upon  reasonable 
Bail;   And  that  as  to  the  other  People  living  on  Lands  in  Dispute 


Boundaries  of  the  State  of  New  York.  137 

between  the  two  Governments,  a  Suspension  may  be  had  of  all  proceed- 
ings against  them,  and  that  they  may  be  suffer'd  quietly  to  improve 
their  Possessions  untill  the  Proposed  Method  for  Adjusting  the  Differ- 
ences between  the  two  Governments  shall  have  been  attempted. 

I  thank  you  for  giving  me  Intelligence  of  the  Report  at  Albany  con- 
cerning a  French  Fort's  being  lately  finished  at  Coas;  as  also  for  that 
concerning  the  Strength  of  their  Fort  at  Niagara. 

The  Assembly  is  upon  the  Point  of  rising  and  the  Post  of  its  depart- 
ture;  so  I  have  only  time  to  subscribe  myself 

Sir 
Your  Honour's  most  humble 
and  most  Obedient  Servant 

W  SHIRLEY. 
The  Hon"!"  James  De'Lancey 

[Endorsement.]  29  April.  Read  in  [N.  Y.]  Council  &  Referred  to 
the  Commee  &  Commissioners 

— [iV:  Y.  Col.  MSS.,  lxxviii,  98. 


[In  Council.] 

April  29,  1754. 
*  *  *  * 

His  Honour  laid  before  the  Board,  a  Letter  from  Governor  Shirley  of 
the  22d  Instant,  inclosing  a  Report  of  the  Council  and  Assembly  of 
Massachusets  Bay  of  the  ll*)1  relating  to  the  dispute  between  the  two 
Provinces  about  their  bounds;  and  a  Note  of  the  assembly  of  that 
province  of  the  18°  appointing  and  authorizing  Commissioners  of  that, 
to  meet  Commissioners  of  this  province,  to  confer  and  agree  upon  the 
settlement  of  the  Partition  Line. 

Ordered  that  the  said  Letters  and  Papers  be  Referred  to  y"  Commit- 
tee and  Commissioners  appointed  to  examine  into  the  Eastern  Boundaries 
of  this  Colony,  and  that  they  make  Report  thereon  with  all  convenient 
speed. 

Vote  of  the  assembly  of  Massachusets  Bay  of  the  18°  April,  appoint- 
ing Commissioners  to  attend  the  interview  at  Albany  on  the  14th  June 

next.     Read. 

in'  *  m  * 

— [JV.  Y.  Council  Minutes  (MS.))  v.  23,  p.  174. 


[Report  of  Committee  and  Commissioners.] 
May  it  please  your  Honour 

We  have  lately  had  under  Consideration  two  Letters  from  his  Excel- 
lency Governor  Shirley,  one  of  the  21st  of  January  and  the  other  of  the 
22d  of  April  with  two  Reports  of  the  Council  and  Assembly  of  the  Mas- 


138  Copies  of  Documents  Relating  to  the 

sachusetts  Bay  the  first  without  date  and  the  second  of  the  11th  of 
April  and  a  vote  of  that  Government  of  the  11th  of  April  appointing 
Commissioners  for  settling  (in  conjunction  with  ours)  the  Line  between 
the  two  Governments.  Which  were  referred  to  the  Committee  and 
Commissioners  appointed  to  examine  into  the  Eastern  Boundaries  of 
this  Colony,  that  they  might  Report  to  your  Honour  their  Opinion 
thereupon. 

We  humbly  conceive  the  principal  Matters  contained  in  the  first 
mentioned  Report  are  fully  answered  in  that  from  this  Government  of 
the  28th  of  February  1753  and  those  subsequent  to  it:  Or  if  a  further 
answer  should  be  necessary,  as  your  Honour  proposes  to  appoint  Com- 
missioners to  meet  the  Commissioners  of  that  Province,  these  with  the 
other  Points  relating  to  the  Controversy  must  fall  under  their  Con- 
sideration, and  for  this  Reason  we  decline  to  make  any  observations 
upon  them. 

As  to  what  relates  to  the  extravagant  Bail  demanded  of  one  Pain  and 
the  Conduct  of  Mr  Livingston  in  this  and  the  other  particulars  com- 
plained of  in  the  second  Report.  *  *  It  appears  Mr  Livingstons  Con- 
duct in  this  Dispute  has  been  confined  within  the  limits  of  his  own 
Manor,  and  therefore  very  justifiable  in  our  Opinion, —  *  *  we  believe 
every  one  must  think  the  People  of  the  Massachusets  Bay  highly 
unjustifiable  in  extending  their  Settlements  on  those  Lands,  or  giving 
any  interruption  to  ours,  till  such  time  as  it  should  be  known  by  the 
settlement  of  a  true  Division  Line,  within  which  of  the  Provinces  the 
controverted  Lands  would  fall. 

We  forbear  to  make  any  further  observations  on  the  matter  though 
it  is  insinuated  without  any  Reason  we  think,  that  this  Province  hath 
not  shown  the  same  good  Disposition  the  province  of  Massachusets  Bay 
has  towards  an  amicable  Settlement  of  the  Affair,  *  *  A  particular 
Discussion  of  this  Point,  we  are  fully  perswaded  would  remove  every 
prejudice  of  this  nature,  but  as  it  might  lengthen  the  Controversy 
we  shall  avoid  entering  into  it  being  very  desirous  to  see  an  end  put  to 
all  Contention  by  a  speedy  and  final  settlement  of  the  Line  between  the 
two  Provinces:     Which  is  humbly  submitted  to  your 

Honour 

By  Order: 
City  of  New  York  1  Jn°  Chambers  Chairman 

4th  May  1754       \  of  ye  Committee 

Paul  Richard  Chairman  of 

Commissioners 
— [K  Y.  Doc.  Hist.,  iii,  461  (4°  ed.);  772  (8°). 


Boundaries  of  the  State  of  New  York.  139 

May  9,  1754. 

*  *  *  * 

His  Honour  laid  before  the  Board  the  Report  of  the  Committee 
and  Commissioners  dated  the  4th  Instant,  on  the  papers  referred  to  them 
by  orders  of  this  Board  on  the  4th  of  February,  and  the  29th  April 
last,  which  was  Read  and  ordered  to  be  filed. 

His  Honour  acquainted  the  Board,  that  as  the  Assembly  had  passed 
a  Resolve  to  make  good  any  reasonable  expence  that  may  attend  the 
Settlement  of  temporary  lines  of  Division  between  this  Province  and 
the  Provinces  of  New  Jersey  and  Massachusets  Bay,  he  proposed  to 
appoint  Mr  Colden,  Mr  Murray,  Mr  Smith,  Mr  Benjamin  Nicoll  and  Mr 
William  Livingston,  Commissioners  for  Meeting  and  agreeing  with  the 
Commissioners  appointed  by  the  Province  of  Massachusets  Bay,  on  the 
bounds  of  the  two  provinces  :  Which  the  Council  approved  of,  and  of 
the  Persons  nominated.  And  thereupon  it  is  Referred  to  the  Gentlemen 
of  the  Council  or  any  three  of  them,  to  prepare  Drafts  of  the  Commis- 
sion and  Instructions  to  be  given  to  the  said  Commissioners,  and  to 
Report  the  same  to  this  Board  :  And  then  his  Honour  was  pleased  to 
recommend  that  the  Gentlemen  of  the  Committee  and  Commissioners 
appointed  by,  and  in  pursuance  of,  a  late  Act  of  Assembly,  should 
meet  and  prepare  everything  relative  to  this  matter,  which  they  may 
think  necessary  to  be  laid  before  the  Commissioners  above  named. 

*  *  *  * 

—  [JV.  Y.  Council  Minutes  (MS.),  v.  23,  p.  111. 


[Instructions  to  Commissioners.] 

By  the  Honorable  James  De  Lancey  Esq'  his  Majesty's  Lieutenant 
Governour  and  Commander  in  Chief  in  and  over  the  Province  of  New 
York  and  the  Territories  depending  thereon  in  America. 

Instructions  to  Cadwallader  Colden,  Joseph  Murray,  William  Smith, 
Benjamin  Nicoll  and  William  Livingston  Esquires  Commissioners 
appointed  on  the  part  and  behalf  of  the  province  of  New  York;  in 
Conjunction  with  Commissioners  on  the  part  of  the  Province  of  Massa- 
chusets Bay  to  settle  agree  upon  fix  and  ascertain  the  bounds  between 
the  said  two  provinces,  or  Provisional  or  Temporary  Bounds  between 
the  said  Governments  to  be  deemed  the  Line  of  Jurisdiction  and  Limits 
until  the  true  bounds  shall  be  finally  Settled. 

As  with  these  Instructions  you  receive  his  Majesty's  Commission  to 
the  purpose  above  mentioned,  You  are  in  the  Execution  thereof  to  pay 
due  observance  and  conduct  your  selves  accordingly  in  the  following 
Particulars  Viz.* 

Whereas  by  the  Letters  Patents  granted  by  King  Charles  the  Second 


140  Copies  of  Documents  Relating  to  tse 

to  James  Duke  of  York,  the  first  bearing  date  the  twelfth  day  of  March 
1663  and  the  second  bearing  date  the  Second  day  of  April  1674,  among 
other  Lands,  all  the  Lands  from  the  West  side  of  Connecticut  River  to  the 
East  side  of  Delaware  Bay,  are  granted  in  fee  to  the  said  James  Duke  of 
York:  And  in  Consequence  of  this  Grant  to  the  Duke  of  York  all  the 
Commissions  that  were  granted  by  him  to  his  Deputies  or  Lieutenant 
Governors,  describe  the  Boundaries  and  Limits  of  this  Governments  as 
set  forth  in  the  said  Grant  to  the  Duke  of  York,  until  he  became  King, 
when  it  was  and  hath  since  in  the  Commissions  to  the  several  Governors 
from  the  Crown  been  described  in  these  words  the  Province  of  Neio 
York  and  the  Territories  thereon  depending  in  America  from  whence 
it  is  Evident  that  this  contains  all  the  Lands  included  within  that  Grant, 
except  so  much  as  was  ceded  to  Connecticut  by  Agreement  confirmed 
by  the  Crown  and  such  parts  as  were  before  granted  by  the  Crown,  or 
by  the  said  James  Duke  of  York,  none  of  which  Grants  can  its  con- 
ceived interfere  with  the  Eastern  Boundaries  of  this  Goverm'  for  the 
Reasons  set  forth  in  a  Report  of  a  Committee  of  the  Council  of  this 
Province,  dated  the  28  day  of  February  1753,  a  copy  whereof  will  be 
delivered  you  herewith,  for  your  information  in  this  matter. 

Is.1  You  are  therefore  in  your  debates  with  the  Commissioners  of  the 
Massachusets  Bay  to  insist  on  Connecticut  River  as  the  only  and  true 
Eastern  Boundary  of  this  Province,  and  may  come  to  an  Agr3ement 
with  the  said  Commissioners,  and  make  such  Settlement  accordingly, 
either  to  be  Reported  to  the  Governor  or  Commander  in  Chief  of  this 
Province  for  the  time  being  in  Council  for  his  approbation,  in  order  to 
be  Submitted  to  his  Majesty,  or  to  be  immediately  submitted  to  the 
King  for  his  Royal  Approbation  or  Disallowance  thereof. 

2  d.ly  If  after  your  endeavours  to  bring  the  Commissioners  of  the 
Massachusets  Bay  into  an  Agreement  conformable  to  the  first  Article 
of  these  Instructions,  you  shall  find  the  same  to  be  impracticable, 
You  are  then  to  propose  to,  and  may  agree  with  the  said  Commission- 
ers, in  the  fixing  and  running  a  Temporary  or  provisional  Line  between 
the  said  two  Governments,  to  be  deemed  and  esteemed  the  Limits  and 
Jurisdiction  of  both  provinces  respectively,  until  his  Majesty's  pleasure 
be  known  herein,  or  the  true  bounds  shall  be  settled.  Provided  that 
such  Line  leave  or  include  on  this  side  thereof,  All  the  Lands  that  have 
been  heretofore  granted  by  the  Crown,  or  its  Governors,  under  the 
Great  Seal  of  this  Province. 

And  Whereas  in  the  years  1726  and  1727  it  was  mutually  agreed 
between  the  said  two  Governments,  That  all  Persons  belonging  thereto, 
be  prohibited  from  making  any  further  Settlements  near  the  dividing 
Line  between  the  two  Provinces,  and  that  all  actions  then  Commenced 
against  any  of  the  people  residing  at  Westenhook  should  cease  and  they 


Boundaries  of  the  State  of  New  York.  141 

be  put  to  no  furt/ier  trouble  in  the  Law  until  the  further  order  of  the 
said  Governments  respectively :  As  appears  by  the  papers  laid  before 
you  with  these  Instructions  — 

3d!'  In  case  therefore  you  cannot  agree  in  either  of  the  Settlements 
aforesaid;  and  to  put  a  stop  to  and  remove  all  occasions  of  Conten- 
tion among  the  Borderers,  You  shall  and  may  treat,  and  if  possible, 
agree  with  the  Commissioners  on  the  part  of  the  Massachusetts  Bay  in 
the  fixing  and  running  a  Temporary  Line  of  Peace  and  Jurisdiction 
between  the  two  Provinces  to  remain  as  their  Respective  Limits  and 
bounds  until  his  Majesty's  Pleasure  shall  be  known  therein  or  the  Con- 
troversy shall  be  finally  determined  So  as  that  such  Temporary  Line  of 
Peace  and  Jurisdiction  do  not  include  on  the  Massachusetts  side  thereof 
any  Settlements  or  Possessions  made  under  that  Governm'  since  the 
Agreement  abovementioned  in  the  years  1726  and  1727,  and  that  such 
Line,  except  as  to  the  Settlements  made  before  the  said  Agreement,  be 
run  at  the  distance  of  Miles  at  least  from  Hudson's  River  the 

whole  length  thereof  until  it  meets  with  the  line  of  Connecticut  Govern- 
ment and  Provided  that  the  said  temporary  line  shall  not  take  effect 
until  the  Settlement  thereof  be  reported  to  and  approved  of  by  the 
Governor  or  Commander  in  Chief  of  this  province  for  the  time  being 
in  Council. 

Given  under  my  Hand  and  Seal  at  arms  at  Fort  George  in  the  City 
of  New  York  by  and  with  the  advice  &  Consent  of  his  Majesty's 
Council  of  the  said  province  the  thirtieth  day  of  May  1 754,  in 
the  twenty-seventh  year  of  his  Majesty's  Reign. 

— \N.  Y.  Col.  MJSS.t  lxxviii,  125. 


[Commission.] 

George  the  Second  by  the  Grace  of  God  of  Great  Britain  France 
and  Ireland  King,  Defender  of  the  faith,  and  so  forth.  To  all  to  whom 
these  Presents  shall  come  Greeting  Whereas  the  Bounds  between  Our 
Province  of  New  York  and  Our  Province  of  Massachusetts:  Bay  are 
contested  and  great  disorders  arise  daily  among  our  loving  Subjects 
there,  concerning  the  different  Claims  of  the  said  Governments  to  Soil 
and  Jurisdiction.  We  being  therefore  graciously  inclined  to  put  an 
end  to,  and  prevent,  all  such  animosities  for  the  future.  Know  Ye  that 
we  have  constituted  and  appointed,  and  Do  by  these  Presents  constitute 
and  appoint,  Our  Trusty  and  Welbeloved  Cadwallader  Colden  Joseph 
Murray  and  William  Smith  Esq"  Members  of  Our  Council  of  Our 
Province  of  New  York,  and  Benjamin  Nicol  and  William  Living- 
ston Esq",  Our  Commissioners,  for  and  on  behalf  of  Our  Province  ol 


142  Copies  of  Documents  Relating  to  the 

New  York;  And  Do  hereby  Authorize  and  empower  them,  or  any 
three  or  more  of  them,  in  Conjunction  with  Commissioners  Nomina- 
ted or  to  be  nominated  and  appointed  on  the  part  of  Massachu- 
sets  Bay,  to  settle  agree  upon  fix  and  Ascertain  the  Bounds  between 
our  two  said  Provinces,  and  upon  such  Settlement  to  Report  their  pro- 
ceedings thereupon  to  Our  Lieu'  Governor  or  the  Commander  in  Chief 
of  Our  Province  of  New  York  for  the  time  being  in  Council  for  his 
approbation,  In  Order  that  the  said  Settlement  when  so  reported  to  and 
approved  of  by  Our  said  Governor  or  Comander  in  Chief  in  Council, 
may  be  Transmitted  and  laid  before  us  for  Our  Royal  Approbation  or 
Disallowance  thereof  :  And  if  Our  said  Commissioners  and  the  Commis- 
sioners on  the  Part  of  Massachusets :  Bay  should  think  it  best  to  agree 
upon  and  settle  certain  Bounds  between  our  said  Provinces,  to  be  imme- 
diately submitted  to  us  for  our  Royal  Approbation  or  Disallowance, 
without  being  first  approved  of  by  our  said  Lieu'  Governor  or  Com- 
mander in  Chief  in  Council,  and  by  the  said  Governm'  of  Massachusets: 
Bay,  We  fully  empower  and  Authorize  Our  Commissioners  above  named 
or  any  three  or  more  of  them  to  settle  and  agree  upon  the  same  :  But 
for-as-much  as  the  said  Commissioners  may  not  agree  in  either  of  the 
Cases  before  mentioned,  And  that  the  good  ends  and  purposes  proposed 
by  this  Our  Commission,  may  not  be  Wholly  defeated,  We  have  thought 
fit  to  Authorize  and  impower,  and  we  do  in  such  case  Authorize  and 
impower  Our  Commissioners  above  named  or  any  three  or  more  of  them, 
in  Conjunction  with  the  Commissioners  aforesaid  on  the  part  of  the 
Massachusets  Bay,  to  settle  provisional  or  temporary  Bounds  to  be 
deemed  and  esteemed  as  the  Line  of  Jurisdiction  and  Limits  between 
our  said  Provinces,  until  the  true  Bounds  shall  be  finally  established 
and  settled  betwreen  these  Our  two  Governments.  In  Testimony 
whereof  we  have  caused  these  our  Letters  to  be  made  Patent  and  the 
Great  Seal  of  our  province  of  New  York  to  be  hereunto  affixed 
Witness  our  Trusty  and  Welbeloved  James  De  Lancey  Esqr  our  Lieu- 
tenant Governor  and  Commander  in  Chief  in  and  over  our  Province  of 
New  York  and  Territories  depending  thereon  in  America.  Given  at 
our  Fort  in  our  City  of  New  York  by  and  with  the  advice  and  Consent 
of  our  Council  of  our  said  Province  the  thirtieth  day  of  May  one  thou- 
sand seven  hundred  and  fifty  four  in  the  twenty  seventh  year  of  our 
Reign. 

[Endorsed.]     30th  May  1754     Draft  of  Commission  for  Settling  the 
Bounds  between  NewYork  and  Massachusets  Bay 

—[JV.  Y.  Col  M8S.,  lxxviii   127. 


Boundaries  of  the  State  of  New  York.  143 

[In  Council.] 

July  10,  1754. 

*  *  *  * 

Mr  Murray  and  Mr  Smith  two  of  the  Commissioners  appointed  on  the 
part  of  this  province  to  agree  with  the  Commissioners  of  the  Massa- 
chusets-Bay  in  the  Settlement  of  the  Bounds  between  the  two  provinces, 
(Mr  Nicoll  and  Mr  Livingston  the  other  two  of  the  Commissioners  for 
this  Province  being  also  present)  informed  the  Board  that  they  had  pro- 
posed Connecticut  River  as  the  Eastern  bounds  of  this  Province,  which 
the  Massachusets  Commissioners  would  not  agree  to,  but  on  their  part 
proposed  instead  thereof  a  line  twelve  Miles  Eastward  of  Hudson's  River, 
which  as  the  Commissioners  of  this  Province  could  not  agree  to,  they 
proposed  to  treat  on  a  Settlement  of  a  Temporary  Line  of  Peace 
between  the  two  Governments,  until  the  controversy  should  be  deter- 
mined by  his  Majesty,  to  which  the  Massachusets  Commissioners 
replied  that  they  had  no  authority  to  treat  relating  to  a  Temporary 
line  and  declared  they  would  not  confer  thereupon.  And  therefore  that 
they  the  Commissioners  desired  Instructions  from  this  Board,  what  they 
should  do  further  relating  to  the  Execution  of  their  Commission. 

On  which  the  Board,  conceiving  that  any  Settlement  the  Commis- 
sioners should  make,  would  in  its  nature  be  only  Temporary  as  to  this 
province,  since  it  must  be  subject  to  his  Majesty's  confirmation  or  dis- 
allowance ;  were  of  Opinion  and  it  is  accordingly  Ordered  by  his  Honour 
with  the  advice  of  the  Council,  that  it  be  an  Insti'uction  to  the  Com- 
missioners on  the  part  of  this  Province. 

To  propose  and  agree  with  the  Commissioners  of  the  Massachusets- 
Bay,  in  the  Settlement  of  a  Line,  to  run  Northerly  from  the  North 
bounds  of  Connecticut,  so  as  equally  to  divide  the  Lands  between 
Connecticut  and  Hudson's  Rivers  as  the  boundary  Line  between 
the  two  Governments. 
— [iV.  Y  Council  Minutes  (MS.),  v.  23,  p.  207. 


Albany  July  11,  1754. 

The  Commissioners  for  settling  the  Boundaries  between  this  and  the 
province  of  Massachusets-Bay  being  present  informed  the  Board,  that 
they  had  met  the  Commissioners  of  Massachusets-Bay  and  proposed  the 
Settlement  of  a  Line  agreeable  to  the  Instructions  and  Opinion  of  this 
Board  declared  in  Council  yesterday  ;  which  they  would  not  agree  to, 
and  seemed  to  decline  any  further  Conference  with  them;  and  proposed 
that  as  the  Commissioners  could  not  agree  in  the  Settlement  of  a  Line, 
that  they  (the  Commissioners  of  this  province)  should  propose  to  this 


144  Copies  of  Documents  Relating  to  the 

Board,  that  the  two  Governments  should  refer  the  dispute  to  some 
Gentlemen  of  the  neighbouring  provinces  to  settle  the  matter  as  arbi- 
trators, and  to  agree  that  what  they  concluded  upon  should  be  final. 

Whereupon  this  Board  not  thinking  it  adviseable  to  leave  the  Matter 
to  arbitration,  but  being  willing  to  make  a  further  Concession  in  order 
to  preserve  the  peace  and  prevent  Bloodshed  among  the  Borderers,  are 
of  Opinion  that  it  should  be  proposed  finally  on  the  part  of  this  Govern- 
ment that  the  line  be  settled  in  the  following  manner  Viz* 

That  Westenhook  River1  should  be  the  bounds  or  line  between  the 
two  Governments,  from  the  north  Line  of  Connecticut,  as  far  as  the 
place  where  the  North  line  of  the  Patent  of  Westenhook  crosses  that 
River  being  about  eighteen  Miles,  that  from  that  place  or  point  on  the 
said  River  a  line  should  be  run  Northerly  so  as  to  leave  Fort  Massachu- 
sets  one  hundred  yards  Eastward  of  such  Line. 
— [N.  Y.  Council  Minutes,  {MS.),  v.  23,  p.  208. 


City  Hall,  New  York,  February  19,  1755. 
*  *  *  * 

His  Honour  laid  before  the  Board  sundry  affidavits  &  other  Papers 
by  which  it  appears  that  the  People  of  Massachusets  Bay,  have  lately 
taken  the  Sherif  of  Albany  and  several  other  Persons,  and  carried  them 
to  Springfield  Goal,  and  obliged  the  Sherif  to  give  Bail  for  his  Appear- 
ance in  the  sum  of  £150  Lawful  Money  of  that  Province  — 

His  Honour  then  Communicated  to  the  Board  a  Draft  of  the  Letter 
he  had  wrote  &  sent  to  Mr  Shirley  thereupon,  and  recommended  to  the 
Gentlemen  Present  who  are  of  the  Committee,  to  examine  into  the 
Eastern  Boundaries  of  this  Colony,  to  finish  the  Business  before  the 
Committee  and  Commissioners  relating  to  that  Matter. 

—{N.  T.  Council  Minutes  (MS.),  v.  23,  p.  266. 


[Lt.-Gov.  De  Lancey  to  Gov.  Shirley.] 

New  York  17  Febry  1755 
*  *  the  proposal  of  a  temporary  line  the  west  side  of  Housatanik 
River  to  100  yrds  West  of  Fort  Massachusetts  made  by  the  Commis- 
sioners of  this  Province  at  Albany  to  your  Commissioners  is  such  as 
appears  to  me  very  reasonable  to  be  embraced  by  Massachusetts  Bay, 
it  leaves  your  Government  one  third  of  Westenhook  Patent  which  was 
granted  under  this  Province  in  the  year  1705  and  purchased  of  the 
Indians  in  1685,  the  rather  as  from  the  Records  I  have  seen  and  the 

•The  modern  "  Housatonic." — [P. 


Boundaries  of  the  State  of  New  York.  145 

arguments  used,  it  seems  very  evident,  that  his  Majesty's  rights  extend 
eastward  as  far  as  Connecticut  River,  which  is  above  thirty  miles 
beyond  the  line  proposed  by  this  Province.  *  *  * 

Yours  &c 
Govr  Shirley 
— [tf.  Y  Doc.  Hist.,  iii,  465  (4°  ed.);  779  (8°). 


[Governor  Hardy  to  the  Lords  of  Trade.] 

Fort  George  New  York 
My  Lords  23d  Feby  1756 

*  *  I  must  therefore  beg  your  Lordships  will  please  to  take  such 
measures  as  you  shall  judge  proper  to  oblige  the  Inhabitants  of  the 
Massachusets  Government  to  keep  within  their  respective  Limits  till 
his  Majesty  shall  please  to  determine  the  Line  of  jurisdiction   between 

the  two  Provinces 

*  *  * 

Chas:  Hardy. 
— [N  Y.  Col.  Docs.,  vii,  38. 


[Lords  op  Trade  to  Governor  Hardy.] 

To  Sir  Cha'  Hardy  Kn'  Govr  of  New  York. 

Sir, 

*  *  *  * 

Another  circumstance  in  your  letter  which  gives  us  great  uneasiness 

is,  the  refusal  of  the  Assembly  to  make  provision  for  the  expence  of  a 

Commission  for  determining  the  controversies  with  New  Jersey  and 

Massachusets  Bay  concerning  their  boundaries,  the  unsettled  state  of 

which  has  already  been  productive  of  so  much  mischief,  and  is  an  evil 

every  day  increasing.     *     *     Upon  the  whole,  we  are  of  opinion,  that 

the  only  proper  and  effectual  method  of  determining  these  disputes  will 

be  by  a  Commission,  *  *  * 

13  April  1756. 
— [JV:  Y.  Col.  Docs.,  vii,  79,  80. 


[Governor  Hardy  to  the  Lords  op  Trade.] 

Albany  the  2d  of  August  1 756. 
*  *     I  shall  not  fail  of  recommending  again  to  the  Assem- 

bly to  make   Provision   for   defraying  the  charges   of  His   Majesty's 
commission  for  determining  the  Line  in  dispute  between  this  Province 
and  New  Jersey  but  I  cannot  flatter  myself  with  much  success.     The 
10 


146  Copies  of  Documents  Relating  to  the 

like  dispute  subsisting  between  this  Government  and  the  Massachusetts 
is  attended  with  greater  evils  and  until  settled,  we  can  not  expect  to 
preserve  Peace  and  good  order  upon  our  own  Borders.  I  have  had  a 
long  conversation  with  Gen*  Shirley  on  this  subject,  and  have  often 
recommended  to  him  to  prevail  on  the  General  Court  of  that  Province 
to  make  Provision  for  defraying  there  part  of  His  Majesty's  Commis- 
sion for  settling  the  line  between  our  two  Provinces.  Mr  Sherley  has 
never  been  able  to  effect  it  with  his  Assembly  who  have  always  pro- 
posed expedients  that  could  not  answer  the  good  end  desired  and  to 
which  I  could  not  concur  I  shall  endeavor  to  bring  the  Assembly  of 
this  Province  into  the  measure  and  write  to  Lieut*  Govr  Phips  on  the 
subject.  *  *  *  * 

— [JST.  Y  Col.  Doc,  vii,  121. 

i 

[Governor  Hardy  to  the  Lords  of  Trade.] 

Fort  George,  New  York,  13  October  1756. 
My  Lords, 

*  *  *  * 

I  have  not  yet  laid  before  the  General  Assembly  His  Majesty's  direc- 
tions, (signified  to  me  by  Your  Lordships'  letter  of  the  13th  of  April 
last,)  for  their  making  provision  for  determining  the  lines  in  dispute 
between  this  Province  and  that  of  the  Massachusetts  Bay,  and  New 
Jersey,  as  I  judged  the  present  business  before  them  of  more  con- 
sequence to  the  public  service,  which  when  finished,  I  shall  give  all 
due  attention  to  your  Lordships'  directions  in  this  and   every  other 

particular. 

*  *  *  * 

Chas  Hardy. 
— [JSf.  Y  Col.  Docs.,  vii,  163. 


Fort  George  N  York  22  Dec  1756 
My  Lords 

In  my  letter  to  you  of  the  23rd  Feb  last  I  begged  your  Lordships  Inter- 
position with  the  Massachusetts  Government  to  oblige  their  inhabitants 
to  keep  within  proper  Limits  till  His  Majesty  should  please  to  determine 
the  line  of  Jurisdiction  between  the  two  Provinces 

The  difficultys  I  have  found  in  bringing  the  Assembly  to  pass  a  Law 
for  defraying  a  moiety  of  His  Majesty s  commission  for  determining  the 
Line  of  Jurisdiction  between  the  two  Provinces  leaves  me  little  encour- 
agement to  hope  it  may  soon  be  effected,  or  even  if  it  could  be  on  our 
side,  I  have  still  more  reason  to  doubt  the  General  Court  of  Boston's 
concurring  in  passing  the  like  Law  on  their  part 


Boundaries  of  the  State  of  New  York.  147 

In  examining  of  Papers  in  the  Secretary^  office  relating  to  this  dis- 
patch I  find  in  the  month  of  June  1754  commissions  from  New  York 
and  the  Massachusetts  Bay,  mett  at  Albany  to  settle  a  Line  of  Peace  or 
temporary  jurisdiction  between  the  two  Provinces,  an  examined  copy 
of  the  Report1  of  the  Commissioners  of  New  York  to  the  Lieutenant 
Governor  I  now  inclose  by  which  your  Lordships  may  more  fully  see 
the  disposition  of  the  Govmt  of  the  Massachusetts  with  respect  to  this 
controversy  —  Also  inclosed  is  a  copy  of  a  Plan  shewing  the  Patents 
on  the  East  Side  of  Hudsons  River  with  the  dates  of  the  Grants  under 
this  Government,  the  only  alteration  or  point  in  which  this  plan  differs 
with  that  produced  at  the  meeting  of  the  Coram™  is  the  red  Lines 
marked  H  which  is  to  show  the  Western  Limits  of  the  Massachusetts 
Government  under  their  Grant  of  1691  and  refers  to  folio  5  in  the 
Report,  *  *  The  Green  line  marked  G  shews  the  last  temporary 
line  proposed  by  the  Commissioners  of  New  York  taken  notice  of  in 
the  Report  Folio  10 

*  *  *  * 

Cha?  Hardy 
—[A7:  Y  Col  Docs.,  vii,  206. 


[Lords  of  Trade  to  Governor  Hardy.] 
*  *  *  * 

It  is  a  melancholy  consideration,  that  in  such  times  as  these,  the  dis- 
pute between  New  York  and  the  Massachusets  Bay  concerning  their 
Boundaries  should  have  been  carried  to  so  indecent  a  length,  as  to  have 
been  the  occasion  of  Riot  and  Bloodshed,  and  as  that  matter  appears  to 
us,  to  require  some  immediate  remedy,  We  lost  no  time  in  taking  it  into 
our  consideration,  and  shall  think  ourselves  happy,  if,  in  a  Question  so 
perplexed  with  difficulties  as  this  appears  to  be,  We  can  suggest  any 
thing,  which  may  have  the  effect  to  procure  peace  and  quiet,  until  a 
final  determination  can  be  had.  *  * 

10  March  1757 
—[A7:  Y.  Col.  Does.,  vii,  221. 


Extract  of  the  Journal  of  the  Proceedings  of  the 

Lords  Commissioners  for  Trade  and  Plantations  on 

Tuesday  the  29?"  of  March  1757. 

Their  Lordships  took  into  Consideration  the  Papers  relating  to  the 

Dispute  between  the  Provinces  of  New  York  and   Massachusets  Bay 

concerning  their  Boundary  Line,  and  the  Agents  attending  as  desired, 

1  We  have  not  been  able  to  find  a  copy  of  this  Report.  —  [P. 


148  Copies  of  Documents  Relating  to  the 

were  called  in,  and  their  Lordships  after  having  heard  what  they  had 
to  offer,  and  read  and  Considered  the  Grant  to  the  Duke  of  York  in 
1663/4  and  the  Massachusets  Charter  granted  in  1691;  and  also  a 
Letter  from  Colonel  Nicholls  Governor  of  New  York  to  the  Duke  of 
York  dated  in  Novem:  1665,  and  a  Report  of  the  Commissioners 
appointed  in  1665  to  hear  and  determine  certain  points  in  Dispute 
amongst  the  New  England  Governm*,  which  Papers  are  upon  Record 
in  this  office,  delivered  it  to  be  their  Opinion,  that  a  Streight  line  to  be 
drawn  Northerly  from  that  point  where  the  Boundary  Line  between  New 
York  and  Connecticut  Ends,  at  Twenty  Miles  distant  from  Hudsons 
River  to  another  point  at  the  same  distance  from  the  said  River,  on 
that  line  which  divides  the  Provinces  of  New  Hampshire  and  Massa- 
chusets Bay,  will  be  a  Just  and  Equitable  Line  of  division  between  the 
said  Provinces  of  New  York  and  the  Massachusets  Bay,  and  Mr  Bollan 
being  asked  if  he  had  any  Objection  thereto,  desired  time  to  consider 
of  it,  and  that  he  might  have  their  Lordships  Opinion  in  writing ;  And 
also  Copies  of  those  Authorities  upon  Record,  on  which  that  opinion 
was  founded,  which  was  agreed  to  by  their  Lordships ;  and  that  Copies 
should  likewise  be  given  to  M'  Charles  Agent  for  New  York,  and  then 
the  Agents  withdrew. 
—[N.  Y.  Col.  MSS.,  lxxxiv,  47. 


[Representation  op  the  Lords  op  Trade  to  the  King.] 

To  the  King's  most  Excellent  Majesty. 

May  it  please  Your  Majesty. 

Sir  Charles  Hardy,  your  Majty'8  late  Govr  of  the  Province  of  New 
York,  having,  in  several  letters  to  us  during  his  Administration,  com- 
plained of  the  great  prejudice  which  has  arisen  to  your  Majty'"  service 
and  Interest  from  the  disputes,  that  have  for  a  great  length  of  time 
subsisted  between  that  province  and  the  province  of  the  Massachusets 
Bay,  concerning  their  true  Boundary,  or  line  of  partition,  on  account 
whereof  the  settlement  of  that  valuable  part  of  your  Majtys  territories 
has  been  obstructed,  and  the  peace  and  good  order  of  Govern'  disturbed 
by  many  riots  and  outrages  and  even  murder,  committed  on  the  Borders 
of  the  said  provinces;  We  beg  leave  humbly  to  lay  before  your  Majty 
the  annexed  copies  and  extracts  of  the  said  letters  and  of  the  papers 
therewith  transmitted. 

These  papers  will  inform  your  Majty  of  every  particular  relative 
to  this  matter,  and  of  the  steps  which  have  at  different  times  been  taken 
thereupon.  It  will  appear  to  your  Majty,  that  endeavours  have  been 
used  to  bring  the  dispute  to  a  proper  determination  and  particularly 


Boundaries  of  the  State  of  New  York.  149 

that  in  June  1754.  Commissioners  appointed,  and  authorized  by  each 
province,  met  and  conferred  in  order  to  the  settlement  of  a  final  Bound- 
ary. But  each  party  stating  his  claim  according  to  the  descriptive 
words  in  the  respective  grant  or  Charter  of  each  province,  and  the  Corn- 
miss"  of  the  Massachusetts  Bay  having  no  power  to  treat  of  a  temporary 
line,  they  could  not  come  to  any  sort  of  agreement;  and  if  we  may  be 
allowed  to  judge  of  this  transaction  from  events  which  have  happened 
since,  instead  of  operating  as  a  Remedy  to  the  evil,  it  has  had  a  quite 
contrary  effect. 

Upon  a  full  consideration  of  this  matter  and  of  the  little  probability 
there  is,  that  the  dispute  can  ever  be  determined  by  any  amicable  agree- 
ment between  the  two  Govern*,  it  appeared  to  us,  that  the  only 
effectual  method  of  putting  an  end  to  it  and  preventing  those  further 
mischiefs  which  may  be  expected  to  follow,  so  long  as  the  cause  subsists, 
would  be,  by  the  interposition  of  your  Majty'8  authority,  to  settle  such 
a  line  of  partition,  as  should,  upon  a  consideration  of  the  actual  and 
ancient  possession  of  both  provinces,  without  regard  to  the  exorbitant 
claims  of  either,  appear  to  be  just  and  equitable. 

And  We  conceive  it,  the  more  necessary  to  rest  the  determination 
upon  these  principles,  because  We  find,  upon  examining  the  Grant  from 
King  Charles  the  2nd  to  the  Duke  of  York  in  166^  and  the  Royal  Charter 
granted  to  the  Massachusetts  Bay  in  1G91,  that  the  description  of  the 
limits  of  those  grants,  is  so  inexplicit,  and  defective,  that  no  con- 
clusive Inference  can  be  drawn  from  them  with  respect  to  the  extent 
of  territory  originally  intended  to  be  granted  by  them.  We  have 
therefore  had  recourse  to  such  papers  on  Record  in  our  Office,  as 
might  shew  the  Actual  and  Ancient  possession  of  the  Provinces  in 
question  and  as  it  appeared  by  several  of  them,  of  dates  almost  as  old 
as  the  said  Grant,  that  the  Province  of  the  Massachusetts  Bay  had  in 
those  times  been  understood  to  extend  to  within  20  miles  of  Hudson's 
River,  and  that  many  settlements  had  at  different  times  been  made  so 
far  to  the  Westward  by  the  people  of  that  province;  and  as  that  evidence 
coincides  with  the  general  principle  of  the  agreement  between  the 
province  of  New  York  and  the  Colony  of  Connecticut  in  1683,  which 
has  received  the  Royal  confirmation  ;  We  were  of  opinion,  that  a  line  to 
be  drawn  Northerly  from  a  point  on  the  South  boundary-line  of  the 
Massachusets  Bay,  twenty  miles  distant  due  East  from  Hudson's  River, 
to  another  point  20  miles  distant  due  East  from  the  said  river,  on  that 
line  which  divides  the  Provinces  of  New  Hampshire  and  the  Massachu- 
sets Bay,  would  be  a  just  and  equitable  line  division  between  Your 
Mayty "8  provinces  of  New  York  and  the  Massachusets  Bay. 

But  as  a  doubt  might  arise,  whether  such  boundary  could  be  estab- 
lished without  the  concurrence  of  the  Massachusets  Bay,  the  soil  and 


150  Copies  of  Documents  Relating  to  the 

Jurisdiction  of  it  being  granted  by  Royal  Charter,  We  thought  proper 
to  call  before  Us  the  Agents  for  the  two  provinces,  in  question,  and  to 
communicate  to  them  such  our  opinion,  and  the  authorities  whereon  it 
is  founded.  And  the  Agent  for  New  York  having  signified  to  us,  that 
he  submits  the  settlement  of  the  said  boundary  as  a  matter  entirely  in 
your  Mayty"  determination,  and  the  Agent  for  the  Massachusets  Bay, 
having  acquainted  us,  that  he,  on  behalf  of  his  constituents,  acquiesces 
in  the  above  described  line,  We  therefore  beg  leave  humbly  to  propose 
to  your  Majesty,  that  you  should  be  graciously  pleased,  by  your  order 
in  Council,  to  establish  the  line  herein  before  described,  as  a  final 
boundary  of  property  and  Jurisdiction  between  the  provinces  of  N. 
York  and  the  Massachusets  Bay,  and  to  direct  the  Govr  of  N.  York, 
in  conjunction  with  the  Govr  of  the  Massachusets  Bay,  to  settle  the 
said  boundary,  agreeable  to  the  aforesaid  description,  and  to  recommend 
it,  each  to  the  Assembly  of  his  respective  Govmt  to  provide  jointly  and 
equally  for  the  expence  which  may  attend  such  settlement  —  Which  is 

most  humbly  submitted. 

Dunk  Halifax, 

Jambs  Oswald, 

Soame  Jenyns, 

W.  Slopes. 
25*  May  1757. 

— [JST.  T.  Col.  Docs.,  vii,  223. 


[Lieut. -Gov.  DeLancey  to  the  Lords  of  Trade.] 

New  York.  30  July  1757 
My  Lords. 

*  *  Your  Lordships  in  the  several  papers  which  have  been  trans- 
mitted to  you  have  a  state  of  his  Majesty's  claim  to  the  lands  in  con- 
troversy extending  according  to  the  grant  to  the  Duke  of  York  to 
Connecticut  River;  Your  Lordships  have  also  an  account  of  the  Offer  of 
a  line  made  by  the  Commissioners  of  this  Province  to  those  of  Massachu- 
setts Bay  at  Albany,  by  which  a  great  part  of  a  patent  much  above 
fifty  years  old  was  offered  to  be  left  within  their  Jurisdiction :  this  pro- 
posal though  in  my  opinion  highly  advantagious  to  them  was  rejected, 
for  my  part  I  should  be  pleased  with  any  line  to  fix  the  jurisdiction 
without  prejudice  to  private  property,  even  if  it  were  fixed  as  far  West- 
ward towards  Hudson's  River  as  the  present  line  of  Connecticut;  in 
short  in  these  perilous  times  when  we  are  contending  with  the  common 
enemy  for  the  whole,  these  fatal  dissentions  among  ourselves  should 
cease  and  harmony  be  restored,  which  I  conceive  may  be  effected  by  an 
order  from  His  Majesty,  in  the  nature  of  an  Injunction  to  fix  the  line  of 


Boundaries  of  the  State  of  New  York.  151 

Jurisdiction  till  the  Provinces  can  be  better  able  or  more  willing  to 
defray  the  expence  of  suing  out  a  Commission  to  determine  the  rights 
of  all  concerned.  But  as  the  sueing  out  such  Commission  in  Great 
Britain,  the  carrying  it  into  execution  here  and  getting  the  merits  finally 
determined  upon  appeal  to  His  Majesty  must  inevitably  take  up  much 
time,  during  which  many  disorders  may  be  committed,  it  seems  to  me 
it  would  be  a  great  and  apparent  defect  in  our  constitution,  if  the 
King,  who  is  the  fountain  of  Justice  &  the  Great  conservator  of  the 
peace  among  his  Subjects  could  not  legally  interpose  in  cases  of  this  kind 
by  fixing  some  temporary  line  of  jurisdiction,  so  as  the  contending  par- 
ties might  in  the  mean  time  know  where  to  resort  for  justice,  &  to  what 
authority  they  were  to  submit.  *  *  * 

James  DeLancey. 
—[JV.  Y  Col.  Docs.,  vii,  273. 


New  York  15  October  1757. 
My  Lords 

*  *  *  * 

While  Govr  Pownall  was  here  at  New  York  I  told  him  I  had  heard 
that  Your  Lordships  had  delivered  it  as  Your  Opinion  that  a  straight 
line  to  be  drawn  Northerly  from  that  point  where  the  boundary  line 
between  New  York  and  Connecticut  ends  at  twenty  miles  distant  from 
Hudson's  River  to  another  point  at  the  same  distance  from  the  said 
River  on  that  line  which  divides  the  Provinces  of  New  Hampshire  & 
Massachusetts  Bay,  will  be  a  just  and  equitable  line  of  division  between 
the  said  Province  of  New  York  &  Massachusetts  Bay  and  we  had  some 
discourse  how  we  should  carry  it  into  execution  and  I  told  him,  if  his 
Government  would  come  into  it  I  should  make  no  difficulty  to  cooperate 
with  him  on  the  part  of  this  Province,  put  an  end  to  the  disputes  & 
adjust  in  friendship  our  division  line  according  to  Your  Lordships 
opinion,  which  I  am  persuaded  we  shall  do  amicably         *         *         * 

James  De  Lancet. 
—[N.  Y.  Vol.  Does.,  vii,  334. 


[LlEUT.-GoV.  COLDEN  TO  THE  LOBDS  OF  TRADE.] 

New  York  20  January  1764. 
My  Lords, 

*  *  *  * 

Massachusetts  Bay  hath  nothing  I  humbly  conceive  to  urge  in  support 
of  their  claim  to  a  twenty  mile  line  east  of  Hudson's  River,  but  a  pos- 
session gained  in  opposition  to  the  letter  and  spirit  of  their  grants  from 
the  Crown,  thro'  the  inattention  of  this  Govern*.     This  argument  may 


152  Copies  of  Documents  Relating  to  the 

in  equity  entitle  individuals  to  a  confirmation  from  the  Crown,  of  the 
lands  they  actually  posess,  rendering  to  His  Majesty  the  usual  quit 
rent  reserved  in  this  province,  but  cannot  be  offered  as  conclusive  on 
the  part  of  the  Crown,  *  *  neither  can  it  with  justice,  I  think  be 
extended  to  the  case  of  those  Inhabitants  of  New  York,  who  hold  lands 
Eastward  of  a  twenty  mile  line,  the  lands  being  at  the  time  they 
obtained  their  grants,  vested  in  the  Crown  within  the  express  limits  of 
the  Province  of  New  York,  and  not  within  the  Grants  on  which  the 
Massachusetts  Bay  found  their  Claim. 

*  *  *  * 

Cadwalladeb  Colden. 
— [N.  T.  Col  Docs.,  vii,  598. 


[In  Council.] 

September  25,  1764. 

*  *  *  * 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from 
his  Honor  the  Lieutenant  Governor  *  * 

Gentlemen 

*  *  *  * 

The  desirable  Effects  which  must  result  from  this  salutary  Measure 
[an  act  relative  to  the  New  York  and  New  Jersey  Partition  Line],  call 
for  the  like  Provision  on  your  Part,  in  order  finally  to  ascertain  and 
determine  the  Boundary  between  this  Colony  and  the  Province  of  the 
Massachusets  Bay.  A  Matter  long  contested,  and  which  has  been  pro- 
ductive of  frequent  Riots  and  Disorders,  to  the  Disturbance  of  the 
publick  Peace :  and  the  Injury  of  private  Property,  I  therefore  earnestly 
recommend  this  as  an  Object  highly  deserving  of  your  Consideration. 

CADWALLADEB    CoLDEN. 

— [N.  Y.  Legis.  Council  Journal,  p.  1543. 


[LlEUT.-GoVEBNOB    COLDBN  TO  THE  LOBDS  OP  TbADE.] 

My  Lords, 

New  York.  7.  Novr  1 764. 

*  *  *  * 

At  present  it  may  be  proper  to  inform  your  Lordpp"  that,  on  my  recom- 
mendation by  Message,  an  Act  is  passed,  for  finally  determining  the 
disputes  between  this  Prov0*  and  Massachusets   Bay,  respecting  the 

Boundary  between  them.  *  *  * 

Cadwalladeb  Colden. 

— [iV!  Y.  Col.  Docs.,  vii,  676. 


Boundaries  of  the  State  of  New  York.  153 

CHAP.  MCCL. 

An  ACT  for  facilitating  the  Settlement  of  the  Partition  Line  between 
the  Colony  of  New-York  and  the  Province  of  the  Massachusets-Bay. 

Pass'd  the  20th  October,  1764. 
Whereas  it  is  highly  necessary  that  the  Boundaries  between  neigh- 
bouring Colonies  should  be  ascertained,  not  only  for  their  internal  good 
Government,  by  the  Establishment  of  their  respective  Jurisdictions,  but 
for  the  Preservation  of  a  mutual  good  Understanding  and  friendly 
Intercourse  between  them.  And  whereas  a  Controversy  prejudicial  to 
private  Property,  and  productive  of  frequent  Mischiefs  and  Disorders, 
hath  long  subsisted  between  this  Colony,  and  the  Province  of  the 
Massachusetts- Bay,  with  respect  to  their  several  Limits :  To  the  End 
therefore,  that  the  Boundary  or  Partition  Line  between  them,  may  be 
finally  adjusted  and  firmly  established, 

I.  Be  it  Enacted  by  his  Honour  the  Lieutenant  Governor,  the  Councilt 
and  the  General  Assembly,  and  it  is  hereby  Enacted  by  the  Authority  of 
the  same,  That  all  and  singular  the  Messuages,  Lands,  Tenements, 
and  Hereditaments,  and  all  Right,  Title,  Interest  and  Property,  in  and 
to  the  same,  which  are  held  or  claimed  by  any  of  his  Majesty's  subjects 
by  Virtue  of  any  Grant  or  Grants,  under  the  great  Seal  of  this  Colony, 
and  are,  can,  shall,  or  may  be  in  any  wise  affected  by  the  said  Contro- 
versy, concerning  the  Boundary  or  Partition  Line  between  this  Colony 
and  the  Proviuce  of  the  Massachusetts- Bay,  are  hereby  fully  and  abso- 
lutely to  all  Intents,  Constructions,  and  Purposes  in  the  Law  whatsoever, 
submitted,  and  made  subject  to  such  Method  of  Decision,  as  his  most 
gracious  Majesty  shall  think  proper  by  his  Royal  Commission,  or  other- 
wise to  institute  and  appoint  for  the  final  Settlement  and  Determination 
of  the  Boundary  or  Partition  Line  between  the  said  Colony  and 
Province;  *  *  * 

And  to  the  End  that  sufficient  Provision  be  made  on  the  Part  of  this 
Colony,  for  Payment  of  the  one  equal  half  Part  of  the  joint  Expence  to 
accrue  on  the  final  Settlement  of  the  said  Controversy,  and  the  Boundary 
Line  between  the  said  Colony  and  Province,  and  also  for  paying  the 
particular  Expences  that  shall  or  may  accrue  on  the  Part  of  this 
Colony,  in  prosecuting  the  said  Controversy  to  a  final  settlement ; 

II.  Be  it  Enacted  by  the  Authority  aforesaid,  That  Robert  R.  Livings- 
ton, Abraham  Ten  Broeck,  Benjamin  Seaman,  Leonard  Lispenard,  Wil- 
liam Smith,  junior,  William  Livingston  and  Philip  Schuyler,  Esquires,  or 
the  Majority  of  them,  or  the  Majority  of  the  Survivors  of  them,  are  hereby 
nominated  and  appointed,  Agents  to  manage  the  said  Controversy  on 
the  Part  and  Behalf  of  this  Colony;  and  also  that  the  said  Managers,  or 


154  Copies  of  Documents  Relating  to  the 

the  major  Part  of  them,  and  the  major  Part  of  the  Survivors  of  them, 
shall,  and  are  hereby  authorized  to  pay,  lay  out,  and  expend  from  Time 
to  Time,  from  and  out  of  the  Public  Monies  in  the  Treasury  of  this 
Colony,  all  of  such  Sum  and  Sums  of  Money  as  shall  from  Time  to  Time 
be  necessary  to  defray,  as  well  the  One-half  of  the  said  joint  Expence, 
as  the  particular  Expences  aforesaid:  *  *  Provided  Always,  That 
if  his  Excellency  the  Governor,  or  the  Commander  in  Chief  for  the  Time 
being,  and  the  Council,  and  General  Court  or  Assembly  of  the  said 
Province  of  the  Massachusets-Bay,  do  not  within  one  Year  next  after 
the  Publication  of  this  Act,  pass  an  Act  for  submitting  and  subjecting 
all  the  Meffuages,  Lands,  Tenements  and  Hereditaments,  and  all  the 
Rights,  Titles,  Interest,  and  Property  thereof,  held  or  claimed  by  any 
of  his  Majesty's  Subjects,  as  being  and  lying  within  the  said  Province 
of  the  Massachusetts- Bay,  to  the  same  Method  of  Decision,  ,and  to 
be  bound  and  determined  in  such  Manner  as  in  and  by  this  Act  is 
mentioned  and  directed,  concerning  Lands  held  or  claimed  by  any  of 
his  Majesty's  Subjects  by  Virtue  of  Grants  under  great  Seal  of  this 
Colony;  *  *  * 

— [N.  Y  Laws  (  Van  Schaack),  p.  446. 


[In  General  Assembly.] 

November  13th,  1766. 
*  *  *  * 

May  it  please  your  Excellency. 

Your  Excellency's  care  to  settle  the  boundaries  between  this  Colony 
and  Quebec  will  probably  prevent  many  mischievous  consequences 
which  might  otherwise  arise  from  the  neglect  of  a  thing  of  that  import- 
ance. And  for  like  reasons  we  shall  be  ready  to  contribute  all  the 
assistance  in  our  power  to  enable  your  Excellency  to  settle  at  least  a 
temporary  line  of  jurisdiction  between  this  Colony  and  the  Province  of 
the  Massachusetts  Bay. 

The  settlement  of  the  Boundaries  of  the  several  Counties  in  this 
Colony,  where  they  are  in  any  manner  uncertain,  we  look  upon  as  an 
object  deserving  the  most  serious  attention  of  the  Legislature,  and 
absolutely  necessary  to  peace,  order,  and  the  due  execution  of  the 
powers  of  government.  *  *  * 

— [JV.  Y.  Gen.  Assem.  Journal  (MS.),  in  N.  Y.  State  Library  (volume 
procured  from  Geo.  H.  Moore,  to  complete  the  set). 


Boundaries  of  the  State  of  New  York.  155 

[Earl  of  Shelburne  to  Governor  Moore.] 

Whitehall  Decr  11.  1766. 
Sir 

As  information  was  received  as  well  from  you  as  from  Major  Gen1 
Gage  that  the  Insurrections  in  Albany  and  Duchess  County  had  been 
wholly  quelled  and  several  of  the  Delinquents  brought  to  Justice,  it 
was  hoped  that  those  disturbances  had  entirely  ceased,  and  that  all 
causes  of  future  dissensions  on  this  occasion  had  been  removed,  and 
particularly  that  the  differences  between  the  two  Provinces  of  New 
York  and  Massachusets  Bay,  had  received  an  amicable  adjustment,  but 
late  accounts  from  Boston  give  room  to  apprehend  that  an  event  which 
ought  be  so  desirable  to  both  Provinces  has  not  yet  taken  place 

The  disturbances  which  have  arisen  between  the  borderers  of  both 
Provinces  are  of  a  nature  not  to  be  suffered.  It  is  to  be  hoped  that  the 
rigths  of  the  Parties  were  very  well  considered  and  ascertain*1  before 
the  Military  Power  was  called  in  to  the  aid  of  the  Civil.  The  Exigencies 
ought  to  be  very  pressing  indeed  which  can  justify  such  a  kind  of 
decision,  it  being  very  seldom  that  moderate  measures  are  not  more 
eligible  as  well  as  more  effectual  than  Force. 

The  complaints  of  the  Massachusetts  Province  on  behalf  of  the 
Inhabitants  lying  to  the  Westward  of  the  Line,  reported  by  the  Lords 
of  Trade  as  the  Boundary  of  the  two  Provinces  are  very  urgent  for 
redress,  and  there  is  room  to  apprehend  the  Sheriff  of  Albany  may  have 
exceeded  if  not  his  legal  Powers  at  least  the  bounds  of  discretion 

It  is  recommend  that  a  speedy  and  amicable  adjustment  of  this  matter 
may  soon  take  place,  I  have  recommended  it  particularly  to  Mr  Bernard, 
as  I  do  to  you,  that  the  most  effectual  measures  may  be  taken  to  settle 
every  difference  relative  to  the  Boundaries  of  your  respective  Colonies 
by  Commissioners  appointed  from  each  for  that  purpose,  if  men  of 
sound  understand8  and  moderate  Principles  are  chosen  for  that  purpose, 
they  will  easily  surmount  any  difficulties  which  may  arise  for  equity  and 
a  regard  as  well  to  public  tranquillity  as  to  private  Property,  which  will 
teach  them  to  make  concessions  on  both  sides  and  remove  by  a  generous 
manner  of  acting,  the  cause  of  any  future  dissensions  between  the  two 
Provinces  ;  If  this  can  not  be  effected  you  will  then,  Sir,  take  care  to 
transmitt  to  me  for  His  Majesty's  Information,  a  full  and  authentick 
narrative  of  the  ground  &  Progresses  of  those  differences,  carrying 
your  account  as  far  back  as  you  can  procure  proper  vouchers  to  support 
it,  that  the  whole  of  this  affair  may  be  considered  and  determined  here 
In  the  mean  time  it  will  be  your  care  that  the  Inhabitants  lying  West- 
ward of  the  Line  reported  by  the  Lords  of  Trade  as  the  Boundary  of  the 
two  Provinces  be  not  molested  on  account  of  the  Territorial  differences^ 
or  disputed  Jurisdictions  for  whatever  province  the   settlers  may  be 


156  Copies  of  Documents  Relating  to  the 

found  to  belong  to,  it  should  make  no  difference  in  their  property,  pro- 
vided that  their  Titles  to  their  Lands  should  be  found  good  in  other 
respects,  or  that  they  have  been  long  in  the  uninterrupted  possession  of 
them  *  *  *  * 

I  am  &c  &c 
Sir  Henry  Moore  Bart.  Shelburne 

— [N.  T.  Col.  Docs.,  vii,  879. 


CHAP.  MCCCXXI. 

An  ACT  to  impower   Commissaries  to  settle  a   Line  of  Jurisdiction 
between  this  Colony,  and  the  Province  of  the  Massachusets-Bay. 

Pass'd  the  6th  June,  1767. 

Whereas  a  Controversy  has  long  subsisted  between  this  Colony,  and 
the  Province  of  the  Massachusets-Bay ',  concerning  their  Boundaries, 
and  the  Extent  of  their  Jurisdiction,  to  the  great  Detriment  of  both; 
and  the  Contests  arising  therefrom,  having  already  been  attended  with 
Bloodshed,  are  likely  to  be  productive  of  the  most  mischievous  Conse- 
quences ;  to  prevent  which,  it  appears  necessary  that  a  Line  should  be 
run  for  a  Line  of  Jurisdiction  between  this  Colony  and  the  Province  of 
the  Massachusets-Bay ,  by  the  mutual  Consent  and  Authority  of  the  Leg- 
islatures of  both  Governments :  Therefore,  and  to  further  his  Majesty's 
gracious  Design  signified  to  the  General  Assembly,  by  his  Excellency 
the  Governor,  to  put  an  End  to  these  Disorders  : 

1.  Be  it  Enacted  by  his  Excellency  the  Governor,  the  Council,  and 
the  General  Assembly,  and  it  is  hereby  Enacted  by  the  Authority  of  the 
same,  That  the  Honourable  William  Nicoll,  Speaker  of  the  General 
Assembly,  the  Honourable  Robert  B.  Livingston,  and  William  Smith, 
junior,  Esquires,  shall  be  Commissioners  on  the  Part  of  this  Colony; 
who  shall  have  full  Power,  and  are  hereby  authorized  to  agree  with  the 
Commissaries  appointed  on  the  Part  of  the  Massachusets-Bay,  on  a 
Line  to  be  run  for  a  Line  of  Jurisdiction  between  the  two  Colonies,  to 
which  Line  the  Jurisdiction  of  this  Colony  shall  extend,  and  no  farther 
Eastward;  providing  that  the  Jurisdiction  of  the  Province  of  the  Mas- 
sachusets-Bay, be  limited  in  like  Manner:  And  after  such  a  Line  is 
agreed  upon  by  the  Commissaries  on  both  Sides,  the  Commissaries 
appointed  by  this  Act,  are  hereby  impowered  and  authorized  to  employ 
such  Surveyor  or  Surveyors,  Chain-bearers,  and  such  and  so  many  other 
Persons  that  may  be  found  necessary  to  perform  the  executive  Part,  to 
run,  mark,  and  ascertain  the  said  Line,  in  Conjunction  with  such  as  may 
be  appointed  for  that  Purpose  on  the  Part  of  the  Province  of  the  Mas- 
sachusets-Bay. 


Boundaries  of  the  State  of  New  York.  157 

II.  And  be  it  further  Enacted  by  the  same  Authority,  That  Provi- 
sion shall  be  made  for  paying  the  reasonable  Expences  that  shall  accrue 
on  the  Part  of  this  Colony,  in  Performance  of  the  Services  aforesaid, 
when  the  Amount  thereof  shall  be  known,  by  some  future  Act  or  Acts 
to  be  passed  for  that  Purpose. 
— [N.  Y  Laws  ( Van  Schaack),  p.  495. 


[Lords  of  Trade  to  Libut.-Governor  DeLancey.] 

*  *  *  * 

As  we  had  long  since  submitted  to  His  Majty  our  opinion  upon  the 
means  of  putting  a  stop  to  the  disorders  which  have  arisen  in  conse- 
quence of  the  disputes  concerning  the  boundary-line,  there  remained 
nothing  further  for  us  to  add  upon  the  papers  transmitted  with  your 
letters  of  the  30th  of  July,  than  to  lay  copies  of  them  before  His  Majty, 
which  we  have  accordingly  done. 

*  *  *  * 
11  Novr  1757. 

— [N.  Y.  Col.  Docs.,  vii,  335. 


[In  Council  and  General  Assembly.] 

November  18,  1767. 

*  *  *  * 

His  Excellency  made  a  Speech  to  the  Council  and  General  Assembly. 

*  *  *  * 
Gentlemen  of  the  Council,  and  Gentlemen  of  the  General  Assembly, 

The  sanguine  Expectations  so  lately  raised  here  of  seeing  our  Dis- 
putes with  the  Province  of  the  Massachusetts  Bay,  in  regard  to 
Boundaries,  brought  to  a  speedy  Determination,  are  hitherto  disap- 
pointed ;  And  notwithstanding  the  well  Known  abilities  of  the  Com- 
missaries employed  in  this  service,  it  will  appear  from  their  Report,  that 
a  Negotiation  of  so  much  Consequence  to  both  Provinces,  and  from 
which  the  advantages  to  be  derived  were  mutual,  had  not  been  attended 
with  the  wish'd  for  success:  But  as  their  near  approach  to  an  Agree- 
ment seems  to  point  out  that  the  Difficulties  still  subsisting  are  by  no 
means  of  such  a  nature  as  to  preclude  all  Expectations  of  being 
removed,  I  must  recommend  it  to  you,  that  such  steps  may  now  be 
taken,  as  you  shall  think  most  conducive  to  so  good  a  purpose ;  And 
that  your  ready  concurrence  may  not  be  wanting  in  every  just  and 
reasonable  measure  for  bringing  this  Matter  to  a  desirable  Issue. 

In  the  mean  time  the  particular  situation  of  that  part  of  the  Country, 
chiefly  interested  in  the  event  of  this  Dispute  will  require  your  serious 


158  Copies  of  Documents  Relating  to  the 

attention,  and  it  is  hoped  that  nothing  will  be  omitted  on  your  part  to 
discourage  and  prevent  the  renewal  of  those  Disputes,  which  so  lately 
prevail'd  there  to  the  Ruin  of  Individuals  and  the  Disgrace  of 
Government. 


— [N.  Y.JLegis.  Council  Journal,  p.  1623. 


H  :  MOORE. 


[In  General  Assembly.] 

November  25,  1767. 
Mr.  Justice  Livingston,  in  behalf  of  the  commissaries  appointed  on 
the  part  of  this  colony,  to  meet  with  the  commissaries  of  the  Massachu- 
setts-bay, in  order  to  form  a  settlement  of  a  partition  line  of  jurisdiction 
between  the  two  provinces,  laid  before  the  house  a  journal  of  the  pro- 
ceedings of  the  said  commissaries ;  which  being  read,  is  in  the  words 
following,  viz.  : 

A  journal  of  the  proceedings  of  the  commissaries  of  New-  York,  at  a 
congress  with  the  commissaries  of  the  Massachusetts-bay,  relating  to 
the  establishment  of  a  partition  line  of  jurisdiction  between  the  two 
provinces. 

The  town  of  New-Haven,  in  Connecticut,  being  fixed  by  the  Governors 
for  the  place  of  our  meeting,  we  left  New- York  the  28th  September,  and 
arrived  there  on  Wednesday  the  30th.  The  Boston  Commissaries,  sup- 
posing that  the  29th  was  the  day,  came  there  before  us.  We  gave  them 
immediate  notice  of  our  arrival,  and  proposed  an  interview  that  even- 
ing. About  dusk  we  met  them  at  tavern ;  but  an  unfavorable  wind 
prevented  Mr.  Nicoll  from  crossing  the  Sound,  we  adjourned  'till  the 
next  morning.  The  commissaries  for  the  Massachusetts-bay,  were,  Mr. 
Hutchinson,  the  lieutenant  Governor,  General  Brattle,  of  the  council, 
and  Mr.  Sheaffe,  a  member  of  their  Assembly. 

THURSDAY,  the  1st  October,  1767. 
Though  we  heard  nothing  as  yet  concerning  Mr.  Nicoll,  we  met  the 
Massachusetts-bay  commissaries  at  ten  this  morning,  and  exchanged  our 
credentials  :  Lieutenant  Governor  Hutchinson  read  the  exemplification 
of  the  act  of  the  province  of  New- York,  to  the  rest.  They  all  declared 
that  our  power  was  full,  and  unexceptionable.  We  then  proceeded  to 
read  the  two  papers  they  had  handed  us.     Their  credentials  were  in 

these  words, 

In  Council,  13th  March,  1767. 
"  The  two  houses  according  to  agreement,  proceeded  to  the  choice  of 
three  persons,  by  joint  ballot,  to  act  in  conjunction  with  such  persons 


Boundaries  of  the  State  of  New  York.  159 

as  may  be  appointed  by  the  government  of  New- York,  in  settling  the 
boundary  line  between  the  two  provinces  :  And  the  votes  being  col- 
lected and  sorted,  it  appeared  that  the  honorable  Thomas  Hutchinson 
and  William  Brattle,  Esqrs.  and  Captain  Edward  Sheaffe,  were  chosen 

by  a  majority  of  votes. 

Attest,  A.  OLIVER,  Sec'ry. 

Consented  to,  FRA.  BERNARD. 

Copy  examined,  per  JOHN  COLTON,  D.  Sec'ry. 

"  FRANCIS  BERNARD,  Esq.  Captain 
General  and  Governor  in  chief  in  and 
[  l.  s.  ]  over  his  Majesty's  province  of  the  Mas- 

sachusetts Bay,  in  New-England,  and 

vice  Admiral  of  the  same. 
Fra.  Bernard. 

To  Thomas  Hutchinson,  William  Brattle  and  Edward  Sheaffe,  Esqrs. 
Greeting. 

Whereas  the  great  and  general  court  or  Assembly,  of  the  province  of 
Massachusetts  Bay  aforesaid,  did,  at  their  session  begun  and  held  at 
Boston,  in  January  last,  make  choice  of  Thomas  Hutchinson,  William 
Brattle  and  Edward  Sheaffe,  Esqrs.  *  *  * 

I  do  therefore,  by  these  presents,  commissionate  and  impower  you  the 
said  *  *  to  meet  and  act  in  conjunction  with  such  persons  as 
may  be  appointed  by  the  government  of  New- York,  in  settling  the 
boundary  line  between  the  two  provinces  as  aforesaid. 

*  *  *  * 

Upon  perusing  these  papers,  we  asked  them,  whether  they  considered 
the  first  as  a  law  of  their  province  ?  And  expressed  our  discontent 
with  the  informality  of  it,  and  the  defect  of  an  explicit  declaration,  that 
our  agreement  should  bind  that  province.  They  all  declared  it  to  be  a 
complete  act  of  legislation ;  adding,  that  though  they  were  not  so  formal 
in  business  as  they  ought  to  be,  this  was  agreeable  to  their  usage,  and 
intended  to  enable  them  to  conclude  a  final  agreement.  *  *  They 
heard  our  objections  with  uneasiness,  and  offered  to  engage  for  the 
sufficiency  of  their  credentials.  *  *  * 

FRIDAY,  the  2d  October. 

Mr.  Nicholl,  arriving  last  night  from  Saybrook,  all  the  commissaries 
had  a  conference  this  morning.  We  proposed  several  questions  for 
further  information,  as  to  the  meaning  and  extent  of  the  papers  under 
which  the  Massachusetts  commissaries  were  to  act.     *  *  * 

Conceiving  it  to  be  safest  to  have  their  declarations  in  writing,  pre- 
vious to  any  further  treaty,  we  proposed  to  state  our  remarks  upon  their 
credentials,  and  take  their  answers.         *  *  * 


160  Copies  of  Documents  Relating  to  the 

After  considerable  correspondence,  which  appears  in  full  in  the  Jour- 
nal of  the  General  Assembly  from  which  these  records  are  taken,  the 
commissaries  mutually  agreed  to  proceed  to  consider  the  main  subject 
before  them. 

SATURDAY,  the  3d  October. 

*  *  When  met,  we  observed  that  there  were  two  things  to  be 
settled. 

First — The  manner  of  proceeding.  And,  Secondly — Who  was  to 
make  the  first  offer.  *  *  They  severally  declared  their  consent, 
that  all  the  subsequent  proceedings  should  be  in  writing;  *         * 

We  declared  a  perfect  indifference  who  made  the  first  overture,  and 
indeed  left  it  to  their  choice.  They  accepted  the  offer,  and  promised 
us  a  proposal  immediately.  We  parted  after  a  further  agreement,  that 
the  rejectors  of  one  offer  should  tender  another,  and  with  mutual  decla- 
rations of  a  disposition  to  peace,  and  promising  to  show  it  by  moderate 
and  equitable  proposals.  About  5  o'clock  in  the  afternoon  General 
Brattle  brought  us  the  following  paper: 

The  Proposal  of  the  Commissaries  on  the  part  of  the  Massachusetts,  to 
tJie  Commissaries  on  the  part  of  New  -  York. 

*  *  That  a  line  being  extended  due  west  from  the  north  corner 
of  the  colony  of  Connecticut,  until  it  comes  to  the  distance  of  twelve 
miles  from  Hudson's  river :  and  another  line  being  extended  due  west 
upon  the  north  boundary  of  the  Massachusetts  province,  according  to 
the  settlement  thereof  with  New-Hampshire,  until  such  line  comes  to 
the  like  distance  of  twelve  miles  from  Hudson's  river:  a  line  shall  be 
then  run  north  and  south  from  the  two  points  or  distances  of  twelve 
miles,  as  aforesaid.  Which  north  and  south  line  shall,  at  all  times  here- 
after, be  the  eastern  line  or  boundary  of  New-York,  where  it  joins  upon 
the  Massachusetts  :  *  *  * 

MONDAY,  the  5th   October.    ' 
At  eight  this  morning,  we  sent  this  answer  to  their  first  offer. 
An  answer  to  the  proposal  of  the  commissaries  of  the  Massachusetts  Bay, 
made  to  us  on  Saturday  last. 
The  introduction  of  the  proposal  with  reasons,  tends  to  protract  the 
proceedings ;  which,  at  the  last  conference,  both  parties  seemed  inclined 
to  avoid.     This  lays  us  under  a  necessity,  in  justification  of  our  rejec- 
tion of  the  proposal,  and  to  shew  the  moderation  of  the  one  which  we 
shall   offer  in  its  stead,  to   state   several  points,  and   to   add   sundry 
remarks,  as  material  in  the  controversy  between  the  two  provinces.  *     * 


Boundaries  of  the  State  of  New  York.  161 

For  these  reasons  we  must  decline  our  concurrence  with  this  first 
proposal.     And,  to  shew  that  we  are  sincerely  desirous  of  promoting 
the  gracious  design  of  the  crown,  and  to  manifest  the  readiness  of  the 
province  of  New- York,  to  prevent  any  further  disorders,  we  propose, 
That  the  general  course  of  Hudson's  river  be  found,  by  actual  survey 
from  the  line  between  Massachusetts  Bay  and  Connecticut,  con- 
tinued to  that  river ;.  and  the  line  between  that  province  and  New- 
Hampshire,  continued  in  like  manner  ;  and  that  the  line  of  parti- 
tion be  a  line  parallel  to  the  line  of  the  said  course  of  Hudson's 
river,  and  at  the  distance  of  thirty  miles  therefrom. 

And  though  this  line  will  be  much  short  of  the  right  of  the  province 
of  New- York,  we  the  more  readily  yield  to  such  a  partition,  because  it 
will  leave  all  the  royal  grants,  under  the  great  seal  of  the  province  of 
New- York,  to  the  westward,  prevent  any  disputes  about  a  deduction  of 
the  King's  quit  rents,  and  not  include  any  lands  intruded  upon  by  pre- 
text of  grants  under  the  Massachusetts  Bay,  made  since  the  years  1726 
and  1727,  when  it  was  agreed  by  both  provinces,  that  no  further  pos- 
session should  be  taken  of  the  controverted  lands. 

The  commissaries  on  the  part  of  New  York,  hope  the  commissaries 
appointed  by  the  Massachusetts  Bay,  will  the  more  cheerfully  concur 
with  this  proposal,  because  Mr.  Shute,  formerly  governor  of  that  prov- 
ince, on  the  23d  of  November,  1719,  intimated  by  letter  to  Mr.  Schuyler, 
the  commander  in  chief  of  New- York,  that  the  general  assembly  of  the 
Massachusetts  Bay,  had  passed  a  vote,  that  the  division  line  between  the 
two  governments  should  be  run  according  to  their  then  respective 
legal  grants,  that  there  might  be  no  trespassing  (as  it  is  in  that  letter 
expressed)  from  or  on  either  government.         *  * 

TUESDAY,  the  6th   October. 
We  received  a  reply  to  this  paper  about  nine  last  night,  in  these 

words, 

A  reply  to  the  answer  of  the  commissaries  of  New-  York. 

The  Massachusetts  commissaries  are  and  have  been  desirous  of  avoid- 
ing every  measure  which  may  protract  the  treaty :  But  when  they  were 
about  to  make  such  large  concessions  to  New-York,  they  could  not,  in 
faithfulness  to  their  constituents,  omit  a  declaration  of  their  just  rights, 
that  so  no  advantage  might  be  taken  in  future  times,  of  those  conces- 
sions, if  there  should  not  at  this  treaty  be  a  final  settlement  of  the  iine 
between  the  two  governments. 

The  same  principle  obliges  the  Massachusetts  commissaries,  briefly 

to  reply  to  the  observations  of  the  commissaries  from  New- York. 
*  *  *  * 

The  Massachusetts  commissaries,  aiming  at  brevity,  only  add,  that  as 

11 


162  Copies  of  Documents  Relating  to  the 

they  do  not  agree  with  the  commissaries  of  New-York,  in  their  observa- 
tions upon  which  they  found  their  result,  it  cannot  be  expected  they 
should  agree  in  the  result  itself;  and  therefore  can  by  no  means  consent 
to  the  proposal  of  a  line  thirty  miles  east  of  Hudson's  river,  nor  can 
they  see  any  occasion  of  finding  out  the  various  windings  of  that  river, 
being  of  opinion  that  a  straight  line  from  the  north  and  south  bounds 
of  the  Massachusetts  province,  will  be  much,  more  convenient  for  the 
inhabitants  of  both  governments,  than  a  line  with  a  variety  of  curves 
and  different  courses.  As  the  commissaries  of  New- York  conclude 
with  observing,  that  Mr.  Shute,  the  Governor  of  the  Massachusetts-Bay, 
intimated  in  IT  19,  to  the  Commander  in  Chief  of  New-York,  that  the 
General  Assembly  of  Massachusetts  had  passed  a  vote,  that  the  division 
line  between  the  two  governments  should  be  run  according  to  their 
then  respective  legal  grants  ;  the  Massachusetts  commissaries  cannot 
omit  remarking,  that  no  inference  can  be  drawn  from  hence,  that  the 
Massachusetts  Assembly  had  then  in  contemplation  a  line  in  any  degree 
favorable  to  the  present  claim  of  New- York ;  but  rather  the  contrary,  as 
they  had  then,  upon  their  records,  grants  of  land  and  privileges  in  trade, 
and  orders  for  actual  surveys  of  laud,  both  upon  the  east  and  west  sides 
of  Hudson's  river,  as  ancient  as  the  year  1660.  Nor  can  it  be  supposed, 
that  by  legal  grants,  the  assembly  could  intend  large  patents  from  the 
Governors  of  New- York,  for  lands  upon  which  no  improvement  had 
been  made  by  any  English,  and  which  were  at  that  time  supposed  to 
be  in  actual  possession  of  the  Indian  natives. 

Upon  the  whole,  the  Massachusetts  commissaries  still  conceive  the 
twelve  mile  line  to  be  very  consistent  with  that  friendly  moderation 
which  both  sides  profess ;  and  the  proposal  of  a  thirty  mile  line,  is  so 
unexpected  and  extraordinary,  that  the  Massachusetts  commissaries 
can  never  accede  to  it.  And  if  the  commissaries  of  New- York  intend 
to  persist  in  it,  there  can  be  no  prospect  of  success  from  any  further 

treaty. 

*  *  *  * 

To  this  we  gave  the  following  answer  in  the  evening. 

An  Answer  to  the  Reply  of  the  Commissaries  of  the  Massachusetts 
Say,  delivered  last  night. 
The  commissaries  of  New-York,  still  retaining  their  opinion,  that  the 
Massachusetts  Bay  hath  no  title  to  the  lands  comprehended  in  the  patent 
to  the  Duke  of  York,  and  being  willing  to  remove  every  objection  that 
appears  to  the  commissaries  of  the  Massachusetts  Bay,  to  have  any 
weight  in  the  controversy,  we  proceed  with  the  utmost  brevity,  to  a 
few  remarks  upon  their  reply. 

*  *  *  * 


Boundaries  of  the  State  of  New  York.  1(33 

The  New- York  commissaries  retain  the  opinion,  that  their  proposal 
of  a  thirty  mile  line  is  moderate  ;  and  hope  it  appears  so  by  this  time 
to  the  commissaries  of  the  Massachusetts  Bay. 

It  was  not  the  meaning  of  the  commissaries  of  New-York  to  have  a 
crooked  line  of  partition  between  the  provinces ;  and  they  are  sorry 
they  have  expressed  themselves  so  as  to  be  misunderstood.  A  line  of 
thirty  miles  from  Hudson's  river,  parallel  to  one  according  to  the  gen- 
eral course  of  the  river,  was  intended. 

We  cannot  imagine  Governor  Shute  by  legal  grants,  intended  to 
secure  lands  to  the  Massachusetts  Bay  that  would  infringe  upon  patents 
older  than  the  charter  in  1791:  and  it  is  still  more  improbable  that  he 
could  entertain  the  most  distant  aim  of  obtaining  the  consent  of  the 
province  of  New-York  to  a  partition  that  would  have  separated  the 
northern  and  southern  parts  three  score  miles  from  each  other,  and 
between  which  there  could  be  no  communication,  against  the  leave  of 
the  Massachusetts  Bay. 

When  the  mode  of  proceeding  in  this  business,  was  settled  at  the 
conference  of  the  commissaries  on  both  sides  last  Saturday  morning, 
the  commissaries  of  New  York  understood  it  to  be  agreed,  that  they 
were  to  make  offers  alternately;  and  that  the  rejectors  of  one  proposal 
should  tender  another.  — The  commissaries  for  Massachusetts  Bay  chose 
to  make  the  first  offer;  when  we  declined  a  concurrence,  we  mentioned 
a  proposal  on  our  side.  It  surprises  us  much  that  their  rejection  con- 
cludes without  another;  and  we  beg  to  be  informed,  whether  they  mean 
to  rescind  the  agreement  as  to  the  mode  of  this  treaty,  with  their 
reasons  therefor  ?  or  whether  we  are  to  consider  their  first  offer,  as  the 
ne  plus  ultra  on  the  side  of  the  province  of  the  Massachusetts  Bay. 


WEDNESDAY,  the  1th  October. 

Early  this  morning,  we  received  a  second  proposal,  and  gave  it  an 
immediate  answer. 

The  further  proposal  of  the  commissaries  of  Massachusetts  Bay,  to  the 
commissaries  of  New  -  York. 
The  Massachusetts  commissaries,  although  they  are  sensible  that  a 
full  answer  may  be  given  to  the  paper  received  the  last  evening  from 
the  commissaries  of  New-York,  yet  as  they  are  apprehensive  that  this 
argumentative  method  of  proceeding,  will  prolong  the  treaty  to  an 
unreasonable  length,  and  perhaps  prevent  a  final  accommodation  ;  they 
therefore  wave  any  further  controversy  in  this  way,  and  propose  and 
concede  to  the  commissaries  of  New-York,  "that  the  eastern  line  of 
jurisdiction   of  the  province  or  colony  of  New- York,  where  it  joins  to 


164  Copies  of  Documents  Relating  to  the 

the  province  of  Massachusetts  Bay,  begin  at  a  known  heap  of  stones  or 
station  between  Connecticut  and  Massachusetts,  called  Connecticut  Old 
Corner,  reputed  twenty  miles  distant  from  Hudson's  river,  and  extend 
upon  a  course  due  north,  until  it  meets  the  north  line  or  boundary  of 
the  said  province  of  Massachusetts  Bay." 

This  proposal  is  made  with  this  caution,  that  if  it  be  not  agreed  to 
by  the  commissaries  of  New- York,  no  improvement  shall  be  made  of 
it  to  the  prejudice  of  the  Massachusetts  title  or  claim. 

The  answer  of  the  commissaries  of  New  -  York,  to  the  further  proposal 
of  the  commissaries  of  the  Massachusetts  Bay. 

The  commissaries  of  New-York  can  nevefr  agree  to  the  proposal  just 
now  received  from  the  commissaries  of  the  Massachusetts  Bay  :  It  will 
answer  no  manner  of  purpose  to  make  new  proposals  on  either  side, 
unless  each  yields  something  more  than  the  former ;  but  the  last  pro- 
posal made  by  the  commissaries  of  the  Massachusetts  Bay,  is  not 
according  to  this  rule,  as  it  leaves  much  less  to  New-York  than  the 
former.  It  yields  indeed  eight  miles  more  at  the  south  end  of  the  line, 
but  crosses  Hudson's  river,  and  takes  from  the  colony  of  New- York, 
about  thirteen  miles  more  at  the  north  end. 

As  proposals  of  this  sort  do  not,  as  we  conceive,  afford  the  most  dis- 
tant prospect  of  an  amicable  agreement,  the  commissaries  of  New-York, 
to  testify  their  earnest  desire  to  put  an  end  to  the  contests  between  the 
two  colonies,  propose,  that  a  line  twenty-five  miles  east  from  Hudson's 
river,  and  parallel  to  its  course,  be  the  division  line. 

9  9  9  9 

This  occasioned  the  following  message,  and  a  new  conference  at  our 
lodgings  about  noon. 

The  Massachusetts  commissaries  had  no  intention  to  propose  to  the 
commissaries  of  New-York,  a  line  less  advantageous  to  them  than  the 
twelve  mile  line;  and  the  line  last  proposed  will  not  prove  so,  unless 
upon  the  course  of  the  river  being  made  certain,  it  should  prove  differ- 
ent from  our  apprehensions. 

The  Massachusetts  commissaries  propose  a  conference  with  the  com- 
missaries of  New-York,  as  soon  as  may  be,  either  at  Beers's,  or  any 
other  place  more  agreeable. 

*  *  *  * 

At  this  interview,  the  commissaries  for  the  Massachusetts  Bay, 
declared  their  ignorance  of  the  course  of  Hudson's  river  in  the  part 
affected  by  their  claim. —  We  told  them  we  had  no  complete  survey 
but  were  of  opinion  that  it  departed  from  the  north,  about  twenty 


Boundaries  of  the  State  of  New  York.  165 

degrees  towards  the  east.  They  did  not  contest  the  fact;  but  Mr. 
Hutchinson  then  proposed,  that  henceforth  the  proceedings  should  be 
verbal:  and  that  if  the  treaty  did  not  end  in  an  agreement,  the  offers 
on  neither  side  should  pass  into  a  report.  The  reasons  assigned  for 
this  alteration  were,  greater  dispatch,  and  avoiding  the  meanness  of 
trifling  concessions  in  our  approaches  to  each  other.  We  instantly 
and  absolutely  declined  our  concurrence  in  a  measure  not  necessary 
to  prevent  delays,  as  the  treaty  was  evidently  near  its  end,  and  tend- 
ing to  sink  all  that  had  passed,  into  oblivion:  for  if  no  agreement 
should  happen  to  take  place,  nothing  that  had  already  been  written, 
would  shew  the  true  cause.  Upon  this  they  retired,  and  sent  us  a  new 
offer: 

The  Massachusetts  commissaries  desirous  of  a  friendly  accommoda- 
tion, make  a  farther  large  concession  to  the  commissaries  of  New- York, 
and  propose  a  line  to  extend  from  a  point  distant  from  the  river  sixteen 
miles,  due  east,  on  the  south  line,  unto  a  point  from  the  river,  the  like 
course  and  distance  on  the  north  line  of  the  Massachusetts  province. 

*  *  *  * 
We  gave  them  this  answer. 

The  New- York  commissaries  decline  the  last  offer  of  the  commis- 
saries of  the  Massachusetts  Bay;  and  are  so  desirous  of  peace,  that  they 
now  propose,  for  a  partition  between  the  two  provinces,  one  straight 
line,  at  the  distance  of  twenty-four  miles  from  Hudson's  river,  and 
parallel  to  its  general  course,  between  the  north  and  south  bounds  of  the 
Massachusetts  Bay;  which  line  will  just  save  to  New- York  the  right  of 
the  Rensselaer  family,  which  accrued  in  the  Dutch  times,  so  early  as 
the  year  1630.  The  commissaries  of  the  Massachusetts  Bay  will  under- 
stand us  to  mean,  that  the  distance  is  to  be  taken  on  lines  perpendicu- 
lar to  the  general  course  of  Hudson's  river,  between  the  north  and 
south  boundary  lines  of  the  Massachusetts,  extended  to  Hudson's  river. 

*  *  *  * 
They  declined  this  offer,  and  proposed  another. 

The  Massachusetts  commissaries  are  not  a  little  surprised  at  the  last 
proposal  of  the  commissaries  of  New- York,  after  the  large  concessions 
immediately  before  made  by  those  of  the  Massachusetts.  But  being 
still  desirous  of  taking  every  measure,  even  beyond  what  can,  in  equity, 
be  required  to  settle  every  difference  relative  to  the  boundaries,  and 
agreeable  to  the  recommendation  of  the  Right  Honorable  the  Earl  of 
Shelburne,  by  a  generous  manner  of  acting,  to  remove  the  cause  of  any 
further  dissentions  between  the  two  provinces,  make  one  proposal 
further. 

They  are  well  assured,  that  upon  a  rehearing  of  the  controversy 
before  the  right  honorable  the  lords  commissioners  of  trade  and  planta- 


166  Copies  of  Documents  Relating  to  the 

tions,  a  report  might  be  obtained  more  favorable  than  that  made  by 
their  lordships,  the  10th  of  May,  1757.  But  from  the  motives  mentioned 
above,  and  that  the  Massachusetts  government  may  incur  no  blame,  if 
any  ill  consequence  should  follow  the  continuance  of  the  controversy, 
they  propose,  in  the  words  of  their  lordships'  report,  "  That  a  straight 
"  line,  to  be  drawn  northerly  from  a  point  on  the  south  boundary  line 
"  of  the  Massachusetts  Bay,  twenty  miles  distant  due  east  from  Hud- 
"  son's  river,  to  another  point  twenty  miles  distant  due  east  from  the 
"  same  river,  on  that  line  which  divided  the  province  of  Massachusetts 
"  Bay  from  New-Hampshire,  be  the  eastern  boundary  of  the  province 
of  New-York."  At  the  same  time  renewing  the  caution  before  made, 
that  this  concession,  if  not  agreed  to,  be  not  improved  to  the  dis- 
advantage of  the  Massachusetts  claim. 

A  line  more  disadvantageous  than  this,  the  Massachusetts  commis- 
saries say,  peremptorily,  they  cannot  consent  to. 

In  the  Evening  we  sent  them  an  answer. 

The  commissaries  of  New- York  have  a  most  sincere  and  anxious 
desire  to  put  an  end  to  all  differences  between  the  two  provinces;  and 
it  is  owing  to  that,  and  a  respect  to  the  opinion  of  the  lords  commis- 
sioners for  trade  and  plantations,  and  above  all  to  his  Majesty's  most 
gracious  recommendation  of  peace,  lately  signified  by  the  Right 
Honorable  the  Earl  of  Shelburne,  that  we  have  conceded  so  far  as  we 
have.  We  persuade  ourselves,  that  whenever  the  merits  of  this 
important  controversy  are  considered  for  a  final  adjudication,  it  will 
appear  that  the  province  of  New- York  hath  right  to  extend  as  far 
as  Connecticut  river. 

We  are  of  opinion,  that  the  lords  of  trade,  in  May,  1757,  had  no  other 
design  than  to  fix  a  division  line  at  twenty  miles  distance  from  Hudson's 
river,  and  limit  the  province  of  the  Massachusetts  Bay,  westward,  by  a 
line  similar  to  that  between  New-York  and  Connecticut ;  and  that  their 
report  would  have  been  accordingly,  had  their  lordships  been  informed, 
that  the  general  course  of  Hudson's  river,  (in  that  part  of  it  which 
would  be  between  the  north  and  south  limits  of  the  Massachusetts  Bay 
extended,  is  greatly  to  the  east  of  the  north. 

With  these  views,  the  commissaries  of  New- York  cannot  agree  to  a 
partition  which  will  give  the  Massachusetts  Bay,  a  jurisdiction  within 
twenty  miles  of  Hudson's  river,  measuring  by  lines  at  right  angles 
therefrom;  and  we  propose,  instead  of  the  line  offered  by  the  commis- 
saries of  the  Massachusetts  Bay, 

That  the  two  provinces  be  divided  by  a  straight  line  from  the  southern 
to  the  northern  boundary  line  of  the  Massachusetts  Bay;  to  begin 
on  the  south,  at  the  Northwest  corner  of  the  oblong,  fixed  by  New 


Boundaries  of  the  State  of  New  York.  167 

York  and  Connecticut,  to  be  twenty  miles  from  Hudson's  river,  and 
run  to  a  point  at  twenty  miles  from  the  said  river,  in  the  line 
between  Massachusetts  Bay  and  New-Hampshire ;  to  be  found  by 
running  a  line  perpendicular  to  the  main  course  of  that  river 
between  the  north  and  south  lines  of  the  Massachusetts  Bay, 
extended  thereto.  , 

To  a  partition  more  disadvantageous  to  the  crown,  and  the  province 
of  New- York,  the  commissaries  of  New-York  cannot  consent. 

We  recommend  the  difference  between  these  last  offers,  to  the  most 
serious  attention  of  the  commissaries  for  the  Massachusetts  Bay  ;  and 
conceive  hopes,  from  their  desire  to  promote  the  tranquility  of  both 
provinces,  that  they  will  accede  to  this  last  proposal  on  the  part  of  New- 
York,  which  so  greatly  abridges  a  number  of  patents  and  confirmations, 
more  ancient  than  the  Massachusetts  charter,  in  1691. 

*  *  *  * 

THURSDAY,  the  8th  October. 

Early  this  morning  the  treaty  terminated  by  the  following  reply  to 
our  last  offer,  and  a  visit  to  take  leave  of  us  :  They  were  preparing  to 
return  home  before  we  received  this  paper;  and  Mr.  Hutchinson  rode 
off  that  day  before  we  set  out.     The  reply  was  in  these  words. 

It  is  with  great  grief,  that  the  commissaries  of  Massachusetts  Bay, 
find  themselves  obliged  to  return  to  their  principals,  leaving  the  contro- 
versy between  the  two  governments  unsettled. 

They  cannot  suppose  with  the  commissaries  of  New- York,  that  the 
difference  between  an  east  line  from  Hudson's  river,  and  a  line  perpen- 
dicular to  it,  was  unknown  to  the  lords  of  trade  in  1757 ;  and  it  is  cer- 
tain, that  the  agent  of  New-York  was  heard  in  objection  to  the  report 
before  it  was  made.  Nor  can  any  sufficient  reason  be  assigned,  why  a 
line  should  be  established  twenty  miles  distant  from  the  river,  rather 
than  fifteen  or  twelve. 

How  far  any  patents  or  confirmations  more  ancient  than  the  Massa- 
chusetts charter  in  1691,  may  be  abridged  by  the  proposal  made  by  the 
commissaries  of  New- York,  the  Massachusetts  commissaries  cannot 
determine;  but  they  conceive  and  readily  admit,  that  if  the  grantees  by 
force  of  those  patents,  or  in  any  other  legal  way,  acquired  a  good  title,  it 
could  not  be  effected  by  any  line  of  jurisdiction  which  might  have  been 
established  by  this  treaty ;  nor  ought  such  line  to  have  affected  several 
hundred  families  in  the  townships  of  Nobletown,  Spencertown  and 
Taconick,  who  have  been  long  in  the  regular  possession  of  their  estates, 
and  who  derive  their  title  from  the  original  proprietors,  with  the  con- 
sent and  approbation  of  the  Massachusetts  government. 

*  *  *  * 


168  Copies  of  Documents  Relating  to  the 

The  above  is  a  true  account  of  the  proceedings  of  the  commissaries, 
and  humbly  submitted,  this  14th  October,  1767,  by 

W.  NICOLL, 
WM.  SMITH,  Jun. 
ROBT.  R.  LIVINGSTON. 

Ordered, 
That  the  said  journal  be  refered  to  the  consideration  of  the  commit- 
tee to  whom  his  Excellency's  speech  is  committed. 

*  *  *  * 

— [JV.  T.  Gen.  Assembly  Journal,  1766-1776,  pp.  11-29. 


[In  General  Assembly.] 

November  27,  1767. 

The  house  (according  to  order)  resolved  itself  into  a  committee  of 
the  whole  *  *  particularly  upon  the  report  of  the  commissaries 
appointed  on  the  part  of  this  colony  to  meet  with  the  commissaries  of 
the  Massachusetts  Bay,  in  order  to  form  a  settlement  of  a  partition 
line  of  jurisdiction  between  the  two  provinces :  after  some  time  spent 
therein,  Mr.  Speaker  resumed  the  chair,  and  Mr.  Justice  Livingston 
reported  the  resolutions  of  the  committee,  which  he  read  in  his  place, 
*  *  and  are  as  follow,  viz. 
Resolved, 

That  it  is  the  opinion  of  this  committee,  on  a  mature  consideration 
of  the  report  made  by  the  commissaries  for  settling  a  line  of  jurisdiction 
between  this  colony  and  the  Massachusetts  Bay,  that  the  true  eastern 
bounds  of  this  colony,  where  they  are  not  limited  by  the  agreement 
made  with  the  colony  of  Connecticut,  extend  to  Connecticut  river. 

That  nevertheless,  this  committee  approve  of  the  last  offer  made  by 
the  commissaries  appointed  on  the  part  of  New-York,  as  it  tended  to 
put  an  immediate  stop  to  the  contentions,  disorders  and  bloodshed, 
occasioned  by  the  claims  made  on  the  part  of  the  government  of  the 
Massachusetts  Bay,  to  an  extent  of  jurisdiction  vastly  beyond  the  true 
and  legal  bounds  of  their  patent  in  the  year  1691  ;  which  appears  to 
this  committee  the  only  one  whereon  their  right,  to  either  soil  or  juris- 
diction, can  be  founded. 

It  is  also  the  opinion  of  this  committee,  that  his  excellency  our 
governor  be  addressed,  humbly  intreating  him  to  write  to  the  governor 
of  the  Massachusetts  Bay,  for  information,  whether  the  said  province 
will  accede  to  the  proposal  made  by  the  commissaries  on  the  part  of  this 
colony  ;  and  that,  if  they  think  proper  to  conclude  an  amicable  agree- 
ment, his  excellency  would  be  pleased  to  request  that  the  powers  to  the 


Boundaries  of  the  State  of  New  York.  169 

commissaries  may  be  further  explained  by  the  legislative  authority  of 
the  Massachusetts  Bay,  not  only  on  account  of  the  objections  made  by 
the  commissaries  on  the  part  of  this  colony,  but  because,  having  the 
votes  of  the  honorable  house  of  representatives  of  the  Massachusetts 
Bay  before  us,  we  do  not  find  any  on  which  the  full  powers,  as  explained 
by  the  commissaries  on  the  part  of  the  Massachusetts  Bay,  appear  to 
be  clearly  founded.  And  one  we  find,  by  which  they  are  expressly 
restricted  from  finally  agreeing  with  the  commissaries  on  the  part  of 
this  colony  :  which  vote  was  passed  the  17th  day  of  March  last,  and  is 
in  the  following  words,  viz. 

"  Upon  a  motion  made  and  seconded,  Ordered,  That  the  commissioners 
"  appointed  to  settle  the  boundary  line  between  this  province  and 
"New- York,  be  instructed  to  make  report  to  the  general  court, 
"before  they  consent  to  make  a  final  determination  thereon  ;  and 
"that  the  committee  appointed  to  prepare  their  instructions,  be 
"  directed  to  draw  in  an  instruction  accordingly." 
And  though  this  committee  are  clearly  of  opinion,  from  the  declara- 
tions signed  by  the  commissaries  on  the  part  of  the  Massachusetts  Bay, 
that  their  instructions  and  powers  were  very  different  from  what  this 
vote  directs;  yet  they  conceive  it  very  proper  and  necessary,  that  before 
a  conclusive  agreement,  by  some  clear  and  express  legislative  act,  similar 
to  that  passed  for  the  like  purpose  in  this  colony,  the  power  of  the 
commissaries  on  the  part  of  the  Massachusetts  Bay,  finally  to  settle  a 
jurisdiction  line,  should  appear. 

Resolved, 

That  it  is  the  opinion  of  this  committee,  that  if  an  amicable  agree- 
ment between  this  colony,  and  that  of  the  Massachusetts  Bay,  does  not 
speedily  take  place,  proper  persons  ought  to  be  appointed  to  make  a 
state  of  the  whole  controversy,  with  all  the  necessary  proofs  and 
vouchers  annexed;  and  that  his  excellency  our  Governor  should  be 
requested  humbly,  to  petition  his  most  gracious  Majesty,  that  this 
tedious  and  destructive  controversy  may  be  finally  and  speedily  deter- 
mined, in  such  manner  as  to  his  most  gracious  Majesty,  in  his  great 
wisdom,  shall  seem  meet. 

And  the  said  resolutions  being  read  a  second  time, 

Resolved, 
That  the    house    do    agree    with    the    committee    in    the   foregoing 
resolutions. 

Ordered, 
That  Mr.  Justice  Livingston  and  Mr.  Ten  Broeck,  wait  on  his  excel- 
lency, the  Governor,  with  the  aforesaid  resolutions. 
—  [N.  T.  Gen.  Assem.  Journal,  1766-1776,  p.  32. 


170  Copies  of  Documents  Relating  to  the 

December  30,  1767. 

*  *  *  * 

Mr  Speaker  laid  before  the  house,  the  several  following  accounts 
relating  to  the  settlement  of  the  line  of  jurisdiction  between  this  colony, 
and  the  province  of  Massachusetts  Bay,  viz. 

An  account-  of  Mr.  Gerard  Banker,  for  expenses  incurred  by  his 
attendance  on  the  commissaries  of  this  colony,  to  New  Haven,  amount- 
ing to  £ 

An  account  of  Rudolphus  Ritzema,  Esq.  for  sundry  translations  made 
by  him  from  the  Dutch  records  in  the  secretary's  office,  relative  to  the 
above  line  of  jurisdiction,  amounting  to  the  sum  of  £21   1  0 

And,  an  account  of  Mr.  Abraham  Lott,  for  sundry  services  by  him 
performed,  relating  to  the  above  line,  amounting  to  the  sum  of  £ 

*  *  *  * 

— \Idem,  p.  61. 

CHAP.  MCCCXLVII. 

An  ACT  to  expedite  the  final  Settlement  of  the  Controversy  relating  to 
the  Boundaries  of  this  Colony,  and  the  Province  of  the  Massachusets- 

Bay. 

Pass'd  the  3d  February,  1 768. 

Whereas  his  most  gracious  Majesty,  by  a  Letter  from  the  Right 
Honourable  Earl  of  Shelburne,  one  of  his  Majesty's  Principal  Secretaries 
of  State,  to  his  Excellency  Sir  Henry  Moore,  Baronet,  was  pleased  to 
recommend  a  Settlement  of  the  Differences  relative  to  the  Boundaries, 
between  this  Colony,  and  the  Province  of  the  Massachusets-Bay,  by 
Commissaries  from  each;  and  did  thereby  signify  it  to  be  his  Royal 
Pleasure,  that  if  the  same  could  not  be  effected  in  that  Way,  that  his 
Excellency  should  then  transmit  a  full  and  authentick  Narrative  of  the 
Grounds  and  Progress  of  these  Differences,  as  far  as  he  could  procure 
proper  Vouchers  to  support  it,  that  the  whole  Affair  might  be  con- 
sidered and  determined  in  England.  And  whereas  Commissaries  have 
been  appointed,  and  did  lately  meet  on  the  Business  aforesaid;  but  no 
amicable  Agreement  is  hitherto  concluded :  Therefore  to  prevent  Delays, 
in  Case  such  Agreement  should  not  take  effect;  and,  that  his  Excel- 
lency may  be  effectually  enabled  to  comply  with  his  Majesty's  said  most 
gracious  Directions; 

I.  Be  it  Enacted  by  his  Excellency  the  Governor,  the  Council,  and 
the  General  Assembly,  and  it  is  hereby  Enacted  by  the  Authority  of  the 
same,  That  the  Honourable  William  Smith,  Junior,  John  Morin  Scott, 
and  James  Duane,  Esqrs,  or  the  major  Part  of  them,  the  Survivors  or 
Survivor  of  them,  be,  and  they  are  hereby  authorized,  in  Case  no  arnica- 


Boundaries  of  the  State  of  New  York.  171 

ble  Agreement  shall  take  Place  for  settling  the  Boundary  aforesaid,  to 
prepare  a  full  and  authentic  Narrative  of  the  Grounds  and  Progress  of 
the  Differences,  relative  to  the  said  contested  Boundaries,  and  of  all  the 
Vouchers  they  can  procure  to  support  the  same,  and  that  they  deliver  a 
Copy  thereof,  when  perfected,  to  his  Excellency  the  Governor,  or  Com- 
mander in  Chief  for  the  Time  being,  and  also  to  his  Majesty's  Council, 
and  the  General  Assembly,  if  required.  And,  as  it  may  be  Expedient 
to  have  recourse  in  this  Service  to  the  Dutch  Records,  in  the  Secretary's 
Office;  and  as  the  Records  in  the  Butch  Language  are  many,  and  diffi- 
cult to  be  read  by  Persons  not  accustomed  to  the  same;  and  Abraham 
Lott,  Esq;  is  able  and  willing  to  make  such  Researches,  Copies  and 
Translations,  as  may  be  requisite,  if  the  Dutch  Records  are  deposited 
in  his  Hands  for  the  Use  aforesaid. 

II.  Be  it  therefore  further  Enacted,  That  the  Secretary  of  this 
Colony  for  the  Time  being,  his  Deputy,  or  Deputies  shall,  upon  Demand 
of  the  said  Abraham  Lott,  deliver  to  him  all  the  said  Books  and 
Records,  taking  his  Receipt  for  the  same;  which  said  Books  and  Records, 
so  to  be  delivered,  shall  remain  in  his  Hands,  until  the  Persons  appointed 
to  make  the  said  Narrative  shall  certify,  that  they  have  no  further  Occa- 
sion to  use  the  same:  and  the  said  Abraham  Lott,  upon  his  Receipt  of 
the  same,  shall  make  Oath,  before  one  of  the  Judges  of  the  Supreme 
Court,  that  he  will  return  the  same,  and  effectually  take  Care  to  pre- 
vent any  Rasure,  Interlineation,  Alteration  or  Diminution,  of  the  same 
Records,  so  by  him  received. 

III.  And  be  it  Enacted  by  the  same  Authority,  That  the  Persons 
above  appointed  to  make  the  said  Narrative,  and  every  of  them,  shall 
have  free  Recourse,  at  their  Discretion,  to  the  said  Dutch  Records,  or 
to  any  other  Books,  Papers  and  Records,  in  the  Secretary's  Office:  And 
that  Provision  shall  be  made,  by  some  future  Act  or  Acts,  for  paying 
all  such  reasonable  Expences  as  may  accrue  in  the  Execution  of  the 
Work,  that  may  be  performed  by  the  Persons  authorized  to  make  the 
said  Narrative,  or  any  Clerk  or  other  Persons,  that  may  be  employed 
under  them,  when  their  several  Accounts  shall  be  produced  to  the 
General  Assembly  of  this  Colony. 

— [Daws  of  New  York  (  Van  Schaack),  p.  508. 


[In  General   Assembly.] 

February  3,  1768. 
*  *  *  * 

Mr.  Banyar  brought  to  the  house,  from  his  Excellency  the  Governor, 
sundry  resolutions  of  the  great  and  general  court  of  the  province  of 
the  Massachusetts  Bay,  relating  to  the  controversy  about  the  boundary 


1 72  Copies  of  Documents  Relating  to  tbe 

line  between  this  colony  and  the  said  province  ;  which  Mr.  Speaker 
reported  to  the  house,  and  the  same  being  read,  is  in  the  words  follow- 
ing, viz. 

The  committee  of  both  houses,  to  whom  was  refered  the  considera- 
tion of  the  report  of  the  commissioners  appointed  by  this  court  to  settle 
the  boundary  line  between  this  government  and  New- York,  and  of  the 
resolves  of  the  Assembly  of  New-York,  relative  to  said  boundary,  have 
attended  that  service,  and  beg  leave  to  report  by  way  of  resolves,  viz. 

Resolved, 

1st.  That  the  Massachusetts  government  have  always  claimed  as  their 
right,  jurisdiction  over  the  whole  territory,  within  their  north  and  south 
limits,  from  the  Atlantic  ocean  to  the  South  sea,  saving  only  such  part 
thereof  as  on  the  third  day  of  November,  in  the  eighteenth  year  of 
King  James  the  First,  was  actually  possessed  or  inhabited  by  any  other 
Christian  prince  or  state. 

2d.  Being  willing  to  make  the  most  ample  concessions,  even  beyond 
the  bounds  of  equity,  in  the  settlement  of  the  controversy,  relative  to 
said  boundary;  and  in  compliance  with  the  recommendation  of  his 
Majesty,  signified  by  the  right  hon.  the  Earl  of  Shelburne,  by  a  generous 
way  of  acting,  to  remove  the  cause  of  any  future  dissentions  between 
the  two  provinces:  and  that  this  government  may  incur  no  blame,  if 
any  ill-consequences  should  arise  from  the  continuance  of  the  controversy: 
Resolved, 

That  this  court  will  concede  to,  and  confirm  the  last  proposal  made 
by  their  commissioners  to  the  commissioners  on  the  part  of  New- York, 
at  their  late  conference,  in  the  words  of  the  report  of  the  lords  of  trade 
and  plantations  in  May,  1757,  that  a  straight  line  to  be  drawn  northerly 
from  a  point  on  the  southern  line  of  the  Massachusetts  Bay,  twenty 
miles  distant,  due  east  from  Hudson's  river,  to  another  point,  twenty 
miles  distant,  due  east,  from  the  said  river,  on  the  line  which  divides 
the  province  of  the  Massachusetts  Bay,  from  New-Hampshire,  be  the 
eastern  boundary  of  New- York. 

Provided,  That  this  concession,  if  not  agreed  to  by  New- York,  be 
not  improved  to  the  disadvantage  of  the  Massachusetts  claim  ;  Provided 
also,  That  nothing  shall  be  understood  to  prejudice  the  right  of  this 
province  to  lands  westward  of  the  province  of  New-York.  And  this 
court,  for  the  reasons  above  mentioned,  doth  further  concede,  that  the 
aforementioned  lines  of  distance  from  Hudson's  river,  shall  be  measured 
as  horizontal  lines,  instead  of  lines  measured  according  to  the  surface 
of  the  earth. 

3dly.  And  whereas,  at  said  conference,  some  doubts  arose  on  the  part 
of  New- York,  with  respect  to  the  powers  granted  by  this  government 
to  their  commissaries  aforesaid : 


Boundaries  of  the  State  of  New  York.  178 

Resolved, 

That  the  several  explanations  by  them  given  of  their  said  powers, 
and  of  the  practice  of  this  court,  with  regard  to  such  powers,  were 
just ;  and  that  the  instructions  given  them,  contained  a  full  and  ample 
power  for  the  settlement  of  the  boundary  line  aforesaid ;  notwithstand- 
ing the  vote  of  the  house  of  representatives,  passed  here  the  17th  day  of 
March  last,  and  mentioned  in  the  resolves  of  the  assembly  of  New- 
York  ;  the  said  vote  not  having  been  completed,  as  a  vote  of  the  whole 
court.  But  for  the  satisfaction  of  the  government  of  New-York,  if  any 
further  power  should  be  necessary  for  the  purpose  aforesaid,  it  shall  be 
given  by  an  act,  in  solemn  form  :  And  in  case  of  agreement,  it  is  pro- 
posed to  the  government  of  New-York,  that  an  act,  in  solemn  form, 
should  be  passed  by  each  government,  declaring,  in  the  fullest  and 
clearest  manner,  the  partition  line  between  the  two  provinces. 

4thly.  If  contrary  to  the  hopes  of  this  government,  all  its  endeavors 
to  settle  the  said  partition  line,  by  mutual  agreement,  should  prove 
ineffectual ; 

Resolved, 
That  a  full  state  of  the  controversy  be  drawn  up  and  transmitted 
home,  in  order  to  be  laid  before  his  Majesty  in  council,  for  a  speedy 
and  final  settlement  of  it. 

In  Council,  January  23,  1768,  read  and  accepted;  and  his  Excel- 
lency is  hereby  desired  to  transmit  a  copy  of  the  aforesaid  resolves 
to  Sir  Henry  Moore,  Governor  of  New- York,  to  be  laid  before  the 
Assembly  of  New  York,  for  their  consideration. 

—  [A7!  Y.  Gen.  Assem.  Journal,  1766-1776,  p.  87. 


February  5,  1768. 

The  house,  according  to  order,  proceeded  to  the  consideration  of  the 
resolutions  of  the  great  and  general  court  of  the  province  of  the 
Massachusetts  Bay,  relating  to  the  controversy  about  the  boundary 
line,  between  this  colony  and  the  said  province,  communicated  to  them 
by  his  Excellency  Sir  Henry  Moore,  Baronet,  on  the  third  instant,  and 
thereon  came  to  the  following  resolutions,  viz. 

Resolved, 
That  this  house  are  sorry  to  find,  that  their  hopes  entertained  of  a 
friendly  agreement  between  the  colonies,  will  probably  be  frustrated  by 
the  immoderate  claims  of  the  Massachusetts  Bay,  it  appearing  from  the 
said  resolutions  of  the  general  court,  that  disputes  may  arise  between 
that  colony  and  this,  as  well  with  respect  to  our  western  as  our  eastern 
boundary,  there  being  a  proviso  inserted,  that  nothing  in  their  resolu- 


174  Copies  of  Documents  Relating  to  the 

tions  is  to  be  understood  to  prejudice  the  right  of  that  province  to  lands 
westward  of  this  colony,  which  this  house  apprehend  may  prove  a  new 
and  fruitful  source  of  anxiety  and  confusion,  not  only  to  this  colony  and 
Pennsylvania,  but  to  all  the  new  colonies  that  his  majesty  may  here- 
after think  proper  to  establish  to  the  westward,  as  far  as  the  South  seas. 
And  it  is  therefore  with  great  surprise,  that  the  house  observes,  that 
government,  supposing  their  last  resolutions  to  consist  with  that 
generous  way  of  acting,  said  to  be  recommended  by  the  right  honorable 
the  Earl  of  Shelburne,  to  remove  the  cause  of  future  disputes.  With 
respect  to  the  eastern  boundary  of  this  province,  the  house  conceive 
it  clearly  to  extend  to  Connecticut  river;  and  therefore,  that  as  the 
tract  between  the  lines,  offered  by  the  ultimate  proposals  of  the  com- 
missaries on  both  sides,  is  comparatively  small,  and  the  claimants  on 
one  side,  are  the  whole  province  of  Massachusetts  Bay,  and  particular 
private  patentees  under  New-York,  on  the  other,  whose  patents  are  by 
the  concessions  on  our  part,  greatly  abridged,  the  offers  of  the  general 
court  have  not  that  moderation  so-  strongly  recommended  ;  besides,  the 
house  are  well  satisfied,  that  the  lords  of  trade  when  they  made  their 
report  in  May,  1757,  were  not  fully  informed  of  the  true  course  of  that 
part  of  Hudson's  river,  which  will  be  intersected  by  a  continuation  of 
the  north  and  south  boundary  lines  of  the  Massachusetts  Bay,  but  that 
their  lordships  presumed  the  said  course  to  be  nearly  north  and  south, 
and  consequently  really  meant  to  recommend  the  partition  line  at  twenty 
miles  from  that  river,  which  it  will  not  be  if  fixed  at  the  termination  of 
twenty  miles  upon  east  lines,  the  general  course  of  the  river  being 
greatly  to  the  east  of  north. 

The  house  agree  in  opinion  with  the  government  of  the  Massachu- 
setts Bay,  that  if  a  partition  line  is  established  at  any  precise  distance 
of  miles  from  Hudson's  river,  short  of  Connecticut  river,  such  distance 
ought  to  be  measured  as  on  a  horizontal  plain,  and  not  according  to  the 
uneven  superfices  of  the  intermediate  country. 

The  house  observe,  that  on  the  20th  of  October,  1764,  an  act  was 
passed  in  this  colony,  and  afterwards  transmitted  to  the  governor  of 
the  Massachusetts  Bay,  entitled  "  an  act  for  facilitating  the  settlement 
of  the  partition  line,  between  the  colony  of  New-York,  and  the  province 
of  the  Massachusetts  Bay,"  providing  for  the  reference  of  the  contro- 
versy to  commissioners  to  be  appointed  by  the  crown,  which  act  became 
void  by  the  refusal  of  the  province  of  the  Massachusetts  Bay,  to  pass 
an  act  similar  thereto.  Had  that  colony  at  that  time,  fallen  into  the 
same  measures  with  this,  the  line  would  probably  long  before  now,  have 
been  settled,  and  this  house  cannot  but  be  of  opinion,  that  the  Massa- 
chusetts Bay,  declining  that  mode  of  settlement,  and  endeavouring  to 
avail  themselves  of  the  report  of  the  board  of  trade  and  plantations 


Boundaries  of  iue  State  of  New  York.  175 

of  1757,  which  was  doubtless  founded  upon  the  supposition,  that  the 
course  of  Hudson's  river,  was  nearly  north  and  south,  falls  greatly 
short  of  the  moderation  professed. 
Resolved  upon  the  whole. 
That  if  the  province  of  the  Massachusetts  Bay  will  not  recede  from 
their  last  resolution,  the  house  conceive  that  there  is  no  prospect  of  a 
friendly  accommodation  of  these  differences,  by  any  agreement  between 
the  two  colonies ;  the  house  being  of  opinion,  that  even  if  the  accept- 
ance of  the  last  offer  of  the  Massachusetts  Bay,  should  be  agreeable  to 
the  private  patentees  under  this  province,  by  a  farther  cession  of  right 
for  the  sake  of  peace;  yet  as  the  crown  is  so  deeply  affected  by  these 
extravagant  claims  of  the  Massachusetts  Bay,  on  the  east  side  of  Hud- 
son's river,  and  their  still  more  exorbitant  pretensions  to  the  westward 
of  this  province,  no  countenance  should  be  given  to  the  last  resolutions 
of  the  general  court,  until  his  majesty  shall  be  pleased  to  signify  his 
royal  pleasure  on  this  head. 

Ordered, 
That  Mr.   Philip  Livingston  and  Mr.  Thomas  wait  on  his  Excellency 
the  governor,  with  a  copy  of  the  foregoing  resolutions. 

*  *  *  * 

—  [JST.  Y  Gen.  Assem.  Journal,  1766-1776,  p.  90. 

[Earl  of  Dartmouth  to  Governor  Tryon.] 

Whitehall,  8th  December  1772. 

*  *  *  * 

The  settlement  of  the  partition  line  between  New  York,  and  Massa- 
chusets  Bay,  is,  as  you  very  properly  observe,  a  business  of  very  great 
importance,  and  when  I  reflect  that  it  is  now  more  than  five  years  since 
the  King  was  graciously  pleased  to  refer  the  determination  of  it  to 
Commis8rs  to  be  appointed  by  each  province,  I  am  at  a  loss  to  guess  at 
the  motives  for  delay  in  a  matter  the  speedy  decision  of  which,  they  are 
both  equally  interested  in. 

*  *  * 
— [N.  Y.  Col.  Doc,  viii,  338. 


We  have  already  quoted,  in  vol.  i,  part  i,  of  this  Report  on  Bounda- 
ries (Sen.  Doc,  1873,  p.  209), 

"  An  ACT  to  appoint  Commissaries  to  settle  a  Line  or  Lines  of  Juris- 
diction between  this  Colony  and  the  Province  of  the  Massachusetts- 
Bay.     Pass'd  the  8th  March,  1773." 


176  Copies  of  Documents  Relating  to  the 

The  Calendar  of  N.  Y.  Historical  Manuscripts  (English)  contains, 
p.  817,  this  title, 

"1773  May  5.  Act  passed  by  the  General  Assembly  of  Massachusetts, 
to  appoint  commissioners  to  settle  a  line  of  jurisdiction  between  that 
province  and  the  province  of  New  York,"  and  refers  to  JV.  Y.  Col. 
MSS.  xcix,  118,  for  the  act  itself,  —  which,  however,  is  missing  from 
its  place.1 


[Governor  Tryon  to   Governor  Hutchinson.] 

New  York  2  Vth  August  1773. 
Sir 

I  have  communicated  to  his  Majesty's  Council  your  Letter  of  the 
5'.h  of  July  signifying  the  Resolution  of  your  Government  to  join  with 
this  in  running  out  and  marking  the  Line  between  the  two  provinces 
agreed  on  by  the  Commissaries  at  Hartford  —  They  entirely  approve 
of  the  Measure  and  have  advised  me  to  appoint  proper  Persons  on  the 
part  of  this  colony  for  carrying  it  into  Execution. 

Your  Excellency  having  left  it  to  me  to  fix  the  Time,  I  think  the 
11'?  of  October  will  be  a  convenient  Season  to  begin  the  Work  —  and 
shall  desire  Mr  Nicoll  one  of  our  Commissaries  to  meet  Major  Hawley 
on  the  spott,  either  on  that  Day  or  any  other  most  agreable  to  you,  to 
see  the  Survey  duly  performed ;  I  propose  appointing  Mr  Banker  as  our 
Surveyor  who  was  present  at  Hartford  and  shall  give  him  Directions  to 
proceed  on  the  Busin's  in  Conjunction  with  your  Surveyor  at  the  time 
agreed  on 

His  Excellcy  Governor  Hutchinson. 

[Endorsement.]  Draft  Letter  from  Governor  Tryon  to  Governor 
Hutchinson. 

— [N.  Y  Col.  MS&,  c,  1. 

New  York  27  August  1773. 
Sir 

His  Excellency  the  Governor  having  yesterday  proposed  in  Council 
the  appointment  of  proper  Persons  to  run  and  mark  out  the  Line  agreed 
on  by  the  Commissaries  at  Hartford;  in  Conjunction  with  those  named 
in  the  inclosed  Letter  on  the  Part  of  the  Government  of  Massachusets 
Bay,  the  Board  came  to  a  Resolution  that  you  should  be  requested  to 
attend  on  the  part  of  this  province  to  see  the  Work  duly  performed, 
with  which  I  was  directed  to  acquaint  you,  and  his  Exoy  hopes  it  will 

1  A  copy  of  this  act  has  been  found  in  the  iV.  Y.  Hist  Soc.  Collections,  1869, 
p.  319.— [P. 


Boundaries  of  the  State  of  New  York.  177 

not  be  inconvenient  you  to  proceed  on  this  Service  and  to  meet  Major 

Hawley  upon  the  Spott  on  that  Day     I  am 

Sir 

[In  margin.]    The  time  appointed  to  begin 
the  Survey  is  the  11*?  of  October  next. 

[Endorsement.]     Draft  Letter  to  Mr.  Nicoll. 

— [N.  Y.  Col.  MSS.,  c,  2. 


[Governor  Hutchinson  to  Governor  Tryon.] 

Boston  10  Sep*  1773. 
Sir 

On  the  6th  instant  I  sent  by  Post,  the  copy  of  your  letter  of  the  26t.h 
of  August,  to  Major  Hawley.  I  have  no  reason  to  doubt  of  his  attend- 
ance at  time  and  Place  and  I  have  desired  him  to  correspond  with 
M'  Nicoll.  I  suppose  there  is  nothing  further  requisite  from  you  or  me 
in  that  affair  until  they  make  their  return. 

I  am  with  very  great  esteem 

Your  Excellency's  most 

obedient  humble  Servant 

THO  HUTCHINSON 
His  Excellency  Governor  Tryon 

[Endorsement.]  1773  Sepf  20.     Read  in  Council. 
—\N.  Y.  Col.  MSS.,  c,  7. 


[Report  of  Messrs.  Nicoll  and  Bancker.] 
The  Report  of  William  Nicoll  appointed  to  Superintend  the 
running  out  and  marking  the  Boundary  Line  between  the 
Colony  of  New  York  and  Massachusets  Bay,  and  of  Gerard 
Bancker  Surveyor  appointed  to  run  out  and  mark  the  same, 
in  conjunction  with  such  persons  as  should  be  authorized  for 
that  purpose  on  the  part  of  the  Massachusets  Bay. 

Monday  the  1 l1*  October  being  the  Day  appointed  by  his  Excellency 
Governor  Tryon  and  Governor  Hutchinson  for  the  meeting  to  run  the 
Line,  we  accordingly  attended  at  the  North  West  Corner  of  the 
Oblong,  the  Massachusets  Gentlemen  were  not  there,  but  that  Evening 
Major  Hawley  sent  word,  that  he  was  to  lodge  about  six  Miles  North 
of  it,  and  would  meet  us  on  the  Spot  the  next  Morning.  We  accord- 
ingly met  at  the  Monument  put  up  for  the  North  West  Corner  of  the 
Oblong  which  was  shewn  by  Cornelius  Brusee  of  New  York  Government 
and  Jacob  Spoor  of  the  Massachusets  Bay,  who  severally  declared  on 
Oath  that  they  were  present  at  the  erecting  it  about  the  year  1731.  it 
12 


178  Copies  of  Documents  Relating  to  the 

was  a  small  Heap  of  Stones  and  a  Stake  marked  on  the  South  and  West 

Sides    A    we  enlarged  the  Heap  of  Stones,  and  put  up  a  Red  Cedar 

Y.    M. 

Post  with  the  old  Stake  and  marked  it  c  '        'Major  Hawley   brought 

with  him  David  Ingersoll  and  Elijah,Dwight  Esquires  two  Justices  who 
swore  the  Surveyors  Miller  and  Bancker  as  well  as  the  Chainbearers  to 
perform  the  Service  without  any  Fraud,  Deceit  or  Sinister  Views  what- 
ever ;  this  being  done,  we  produced  our  Commissions,  Major  Hawley 
in  return  shewed  us  a  Copy  of  a  Minute  of  Council  of  the  I7\h  June 
signed  by  his  Excellency  Governor  Hutchinson,  in  which  after  thanking 
their  Commissaries  for  settling  the  Line,  they  appoint  Major  Hawley  to 
see  it  run  and  marked,  and  impower  the  Governor  to  appoint  a  Surveyor 
and  the  necessary  Assistants  ;  and  a  Letter  from  the  Governor  to  Major 
Hawley  acquainting  him  that  he  had  appointed  M'  Miller  to  survey  and 
run  the  Line. 

The  Surveying  Instruments  were  then  produced,  and  on  comparing 
them  it  was  found  that  the  Massachusetts  Instrument  would  run  the 
Line  considerably  more  East  than  our  Instrument,  whereupon  Major 
Hawley  proposed  that  the  Mean  of  the  Difference  of  the  two  Instru- 
ments should  be  taken  and  used,  which  was  agreed  to.  The  Massachu- 
setts Gentlemen  chose  their  Instrument  should  be  used,  we  consented, 
and  that  Afternoon  went  about  25  Chains;  the  next  Morning  they  chose 
to  go  back  to  the  Oblong  Corner  and  examine  the  Course  that  had  been 
run,  in  doing  which  we  discovered  a  Defect  in  their  Instrument,  on 
which  they  agreed  that  ours  should  be  used  in  preference  to  it,  the 
Survey  went  on  with  our  Instrument  for  about  six  Miles,  but  finding 
the  Needle  frequently  affected  by  Minerals,  the  Massachusetts  Gentle- 
men expressed  a  Doubt  whether  we  had  continued  on  the  true  Course, 
it  was  here  tryed  on  low  Land,  where  w  did  not  apprehend  there  was 
any  Attraction,  and  after  correcting  a  back  Monument  or  two,  and 
satisfying  both  Sides,  it  was  agreed  to  run  by  Stakes  and  back  Sights 
only,  (as  we  found  the  Needle  so  often  affected  as  not  to  be  depended 
on)  for  this  purpose  we  used  the  Telescope  of  their  Instrument,  and 
went  on  as  far  as  the  Kinderhook  Road  which  is  about  eleven  Miles 
from  our  beginning,  it  then  occurred  to  them  that  a  Line  run  thus  by 
Stakes  would  incline  more  Easterly  than  a  Line  run  by  the  Needle,  as 
the  Needle  by  an  increase  of  the  Variation  in  going  on,  would  form  a 
Curve  Line  inclining  Westerly,  but  after  considering  the  Difference  that 
this  would  make,  it  was  agreed  that  a  Straight  Line  should  be  continued 
by  Stakes,  and  that  our  Method  of  running  the  Line  should  be  particu- 
larly described  in  the  Report  that  was  intended  to  be  made  at  finishing 
the  Business. 


Boundaries  of  the  State  of  New  York.  179 

Upon  this  Major  Hawley  finding  the  Survey  going  on  to  his  Satisfac- 
tion, left  us  and  went  home  for  six  Days,  but  on  the  second  Day  after 
his  Return,  when  we  had  gone  about  twenty  Miles  from  the  Oblong 
Corner,  he  objected  to  the  Line  as  it  had  been  run,  alledging  that  the 
Course  we  had  run  was  too  much  East,  and  that  the  Line'  run  by  Stakes 
was  not  the  Line  intended  by  the  Hartford  Agreement,1  and  insisted  on 
altering  the  Course  from  the  beginning,  he  was  put  in  mind  that  the 
difference  between  a  Line  run  by  Stakes  and  one  run  by  the  Needle  had 
before  been  considered,  and  ought  not  to  be  raised  as  an  Objection,  but 
to  no  purpose  :  Mf  Nicoll  urged  him  to  have  the  Line  continued  in  the 
Manner  it  had  been  run  thus  far,  and  to  report  it  to  the  Commissaries 
of  both  Government's,  particularly  describing  the  Manner  of  running  it, 
on  which  they  might  hereafter  determine,  as  the  final  Settlement  of  the 
Line  after  the  Royal  Approbation  to  the  Hartford  Agreement1  was 
obtained,  is  left  to  them,  but  this  was  refused  :  It  was  then  Offered  to 
him  to  begin  at  the  Kinderhook  Road,  about  eleven  Miles  from  our 
beginning,  (where  we  had  proved  our  Course  was  right  by  trying  it 
with  the  Compass  which  Mr Yates  used  in  making  the  Survey  of  Hud- 1 
son's  River  which  was  laid  before  the  Commissaries  at  Hartford.)  and  I 
endeavor  to  Ascertain  what  a  Line  run  by  Stakes  would  differ  from  a 
Line  run  by  the  Needle,  and  from  thence  forward  make  the  Offsets 
from  our  Monuments  agreeable  to  their  plan,  but  this  was  also  refused 
and  he  would  not  agree  to  go  on  any  further  unless  we  would  alter  the 
Course  and  compute  the  Offsets  from  the  Beginning,  and  here  the  Busi- 
ness stopped. 

W.  NICOLL 
GERARD  BANCKER. 
New  York  5'."  November  1773. 

— [N.  T.  Col.  MSS.,  c,  32  ;  N.  Y  Hist  Soc.  Coll'ns,  1869,  p.  325 


[Commonwealth  of  Massachusetts.] 
An  Act  for  the  appointing  and  impowering  Commissioners,  on  the  Part 
of  this  Commonwealth,  in  Conjunction  with  such  as  are  or  may  be 
appointed  by  the  State  of  New  -  York,  to  ascertain  the  boundary  Line 
between  the  Commonwealth  and  State  aforesaid,  Eastward  of  Hud- 
son's- River. 

[Passed  June  4,  1784.] 

Whereas  in  the  year  One  thousand  seven  hundred  and  seventy-three, 
a  boundary  line  on  the  eastern  extremity  of  the  late  Province,  now 
State  of  New  -  York,  and  extending  from  the  southern  to  the  northern 

'For  copy  of  said  "Hartford  Agreement,"  see  vol.  i,  parti,  of  this  Report  on 
Boundaries,  pp.  211-213  {Sen.  Doc.,  1873,  No.  108).—  [P. 


180  Copies  of  Documents  Relating  to  the 

ooundary  of  the  late  Province,  now  Commonwealth  of  Massachusetts, 
was  mutually  agreed  upon  by  Commissioners  appointed  and  author- 
ized for  the  said  purpose,  by  the  legislatures  of  the  said  Provinces 
respectively  :  And  whereas  it  appeai-s  that  the  said  line  has  never 
been  ascertained  pursuant  to  the  said  agreement: 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Representatives, 
on  General  Court  assembled,  and  by  the  authority  of  the  same,  that 
Joseph  Hawley,  Caleb  Strony,  Timothy  Edwards,  and  Theodore  Sedy- 
wick,  Esquires  be,  and  they  hereby  are  appointed  Commissioners  on  the 
part  of  this  Commonwealth,  for  the  ascertaining  the  line  aforesaid; 
and  the  said  Commissioners,  or  any  three  of  them,  are  hereby  author- 
ized and  impowered  to  meet  such  Commissioners  as  are  or  may  be 
appointed,  and  vested  with  similar  powers  for  the  above  purpose  by  the 
Legislature  .of  New  -  York,  and  in  conjunction  with  them  to  ascertain, 
run,  and  mark  the  said  boundary  line ;  which  line,  when  so  ascertained, 
shall  forever  afterwards  be  held  and  considered  to  be  the  true  and  just 
boundary  line  of  jurisdiction  between  that  part  of  this  Commonwealth, 
and  the  State  aforesaid.  , 

And  it  is  further  enacted,  by  the  authority  aforesaid,  That  the  Com- 
missioners aforesaid  on  the  part  of  this  Commonwealth,  t»r  any  three  of 
them,  are  authorized  and  empowered  to  employ  a  surveyor  or  surveyors, 
and  a  sufficient  number  of  chainbearers,  to  ascertain  the  said  line  as 
aforesaid;  and  in  conjunction  with  such  Commissioners  as  are  or  may  be 
appointed  by  the  legislature  of  New  -  York  as  aforesaid,  to  agree  upon 
and  confirm  the  titles  of  individuals  to  such  lands  as  they  may  now 
respectively  hold,  in  virtue  of  any  grant  or  grants  made  by  either  of 
the  said  governments,  upon  such  terms  and  in  such  manner  as  they  may 
judge  reasonable. 

And  it  is  further  enacted,  by  the  authority  aforesaid,  That  the  Com- 
missioners aforesaid  on  the  part  of  this  Commonwealth,  shall,  prior  to 
their  proceeding  on  the  business  herein  assigned  them,  receive  a  com- 
mission from  the  Governor  with  the  seal  of  the  Commonwealth  thereto 
affixed,  agreeable  to  the  powers  with  which  they  are  vested  in  and  by 
this  Act. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  an  act 
passed  by  the  Legislature  of  this  Commonwealth,  on  the  eighteenth  day 
of  March  last,  bearing  the  same  title  with  this  act,  be,  and  hereby  is 
repealed  and  rendered  null  and  void.1 

— [Mass.  Laws,  1783-89,  i,  181. 

1  This  act  of  March  18th,  nearly  identical  with  the  one  quoted  above,  has  an  error 
of  date  in  the  preamble  ("one  thousand  seven  hundred  and  seventy-two,"  of  which 
the  word  "  two"  should  have  been  three), — and  omits  the  words  " by  the  authority 
aforesaid"  in  the«second  and  third  enacting  clauses. — [P. 


Boundaries  of  the  State  of  New  York.  181 

[In  U.  S.  Congress.] 

June  3,  1784. 

*  *  *  * 

On  the  report  of  a  committee,  consisting  of  Mr.  Stone,  Mr.  Read, 
Mr.  Monroe,  Mr.  Williamson  and  Mr.  Sherman,  to  whom  was  referred 
a  petition  from  the  legislature  of  the  commonwealth  of  Massachusetts, 
praying  that  a  federal  court  may  be  appointed  by  Congress,  to  decide  a 
dispute  between  the  said  commonwealth  and  the  state  of  New-York; 

Resolved,  That  the  first  Monday  in  December  next,  be  assigned  for 
the  appearance  of  the  said  states  of  Massachusetts  and  New- York,  by 
their  lawful  agents,  at  the  place  in  which  Congress  shall  then  be  sitting, 
Resolved,  That  the  form  of  the  notice  be  as  follows,  to  be  transmit- 
ted by  the  secretary,  agreeably  to  the  articles  of  confederation. 

By  the  United  States  in  Congress  assembled,  in  the  city  of  Annapolis, 
on  the  third  day  of  June,  in  the  year  of  our  Lord  1784,  and  in  the 
eighth  year  of  the  independence  of  the  United  States  of  America. 

TO   THE   LEGISLATIVE   AUTHORITY    OF    THE   STATE    OF 

NEW-YORK. 

It  is  hereby  made  known,  that  pursuant  to  the  9th  of  the  articles  of 
confederation  and  perpetual  union,  the  legislature  of  the  commonwealth 
of  Massachusetts,  have  presented  a  petition  to  Congress  in  the  words 
following: 

"  To  the  United-States  in  Congress  assembled,  the  petition  of  the 
legislature  of  the  commonwealth  of  Massachusetts  sheweth,  That 
whereas  James  the  first,  late  king  of  Great-Britain,  by  his  letters  patent, 
bearing  date  at  Westminster,  the  3d  day  of  November,  in  the  18th  year 
of  his  reign,  granted  unto  the  council  established  at  Plimouth,  in  the 
county  Devon,  and  kingdom  of  Great-Britain,  commonly  called  the 
council  for  planting,  ruling  and  ordering  and  governing  of  New-Eng- 
land in  America,  all  that  part  of  America,  lying  and  being  in  breadth 
from  40  to  48  degrees  of  northerly  latitude,  and  of  length  of  and  within 
all  the  breadth  aforesaid,  throughout  the  main  lands,  from  sea  to  sea, 
to  hold  the  same  to  themselves,  their  successors  and  assigns  forever: 
And  whereas  the  said  council  established  at  Plimouth,  by  their  deed, 
indented  under  their  seal,  dated  19th  day  of  March,  in  the  3d  year  of 
the  reign  of  Charles  the  first,  late  king  of  Great-Britain,  did  bargain, 
sell,  enfeoff,  alien  and  confirm,  unto  sir  Henry  Roswell  and  his  asso- 
ciates, and  to  their  heirs  and  assigns,  all  that  part  of  New-England,  in 
America,  which  lieth  and  extendeth  between  a  great  river  called  Merri- 
mac,  and  a  certain  other  river  there  called  Charles  river,  being  the  bot- 
tom of  a  bay  there  called  Massachusetts-Bay,  and  also  all  those  lands 
lying  within  three  English  miles  to  the  southward  of  the  southern- 
most part  of  the  said  bay,  and  extending  thence  northward,  in  lati- 
tude to  the  northward  of  every  part  of  the  said  river  Merrimac, 
and  in  breadth  of  latitude  aforesaid,  extending  throughout  all 
the  main  land,  in  longitude  westwardly  to  the  southern  ocean.  And 
the  said    legislature   in   their  claim   herein   described,   do   aver,   that 


182  Copies  oe  Documents  Relating  to  the 

the  point  or  place  situate  3  miles  south  of  the  bay  called  Massachusetts- 
Bay,  is  a  point  or  place  situate  in  42  degrees  of  northern  latitude,  2 
minutes  north;  and  that  the  place,  point  or  boundary  aforesaid,  of  3 
miles  to  the  northward  of  every  part  of  the  river  Merrimac,  is  a  place 
or  point  situate  in  44  degrees  northern  latitude,  15  minutes  north;  and 
that  by  the  grant  aforesaid,  the  said  sir  Henry  Roswell  and  his  associ- 
ates, became  seized  of  all  the  lands  before  described  and  contained  in 
the  grant  aforesaid,  of  the  said  council  established  at  Plimouth;  and 
that  the  same  grant  was  confirmed  to  the  said  Henry  Roswell  and  his 
associates,  by  the  said  king  Charles,  by  his  letters  patent,  dated  in  the 
4th  year  of  his  reign;  and  that  the  said  sir  Henry  Roswell  and  his 
associates,  were,  immediately  upon  making  the  grant  aforesaid  by  the 
said  council,  in  the  actual  seizen  and  possession  of  all  the  lands  afore- 
said, and  for  many  years  held  the  same,  under  the  name  and  title  of 
the  governor  and  company  of  Massachusetts-Bay,  in  New  England: 
And  that  such  proceedings  and  possessions  have  been  done  and  had 
respecting  the  territory  aforesaid,  granted  to  the  said  sir  Henry  Ros- 
well and  his  associates,  and  such  subsequent  grants  have  been  made  of 
the  same,  that  all  the  said  territory  is  now  the  just  and  proper  right  of 
the  commonwealth  aforesaid.  And  all  this  the  said  legislature  are 
ready  to  verify. 

And  whereas  the  state  of  New-York  have  set  up  a  claim  to  some 
part  of  the  land  beforementioned,  and  it  being  highly  necessary  to  have 
the  same  claims  brought  to  an  immediate  decision,  they  do  therefore,  in 
behalf  of  the  said  commonwealth,  most  solemnly  request  the  United 
States  of  America  in  Congress  assembled,  that  Commissioners  may  be 
appointed  for  enquiring  into  and  determining  upon  the  claim  aforesaid 
of  the  said  legislature,  and  that  such  other  proceedings  respecting  the 
premises  may  be  had,  as  are  by  the  federal  government  of  the  said 
United  States  in  such  cases  made  and  provided. 

And  that  the  first  Monday  in  December  next,  is  assigned  for  the 
appearance  of  the  said  states  of  Massachusetts  and  New-York,  by  their 
lawful  agents,  at  the  place  in  which  Congress  shall  then  sit,  to  proceed 
in  the  premises  as  by  the  said  articles  of  confederation  and  perpetual 
union  is  directed. 

By  order  of  Congress, 

CHARLES  THOMSON,  Secretary 
*  *  *  * 

— [Journals  of  Congress,  iv,  444. 


[Gerard  Bancker  to  Governor  Clinton.] 

Albany,  October  22*  1 784. 
Sir 

On  Sunday  the  W  instant  I  arrived  at  Mr  Spen-iers  near  the  Oblong 

Corner,  but  finding  none  of  the  Commissioners  there,  I  remained  till  the 

211',  when  I  received  a  Letter  from  MT.  Justice  Yates  informing  me,  that 

from  the  uncertainty  whether  any  of  the  Judges  would  come  up  to  hold 

the   Court  at   Albany,  he   had   been   induced   together   with  General 

Schuyler  to  request  the  Massachusetts  Gentlemen  to  put  off  the  Meet- 


Boundaries  of  the  State  of  New  York.  183 

ing  from  the  18\h  to  the  251?  instant,  and  he  informed  me  that  General 

Schuyler  was  in  a  poor  State  of  Health.     Anxious  to  have  this  Line 

business  in  a  proper  Train,  and  tired  with  remaining  inactive  at  M? 

Spencer's,  I  immediately  set  off  for  this  place.     Judge  Yates  &  myself 

will  return  so  as  to  be  at  the  Oblong  on  the  251!1  and  perhaps  General 

Schuyler  will  accompany  us. 

As  the  Court  will  not  finish  here  this  ten  Days,  I  do  not  think  there 

can  be  a  Council  of  Revision  in  a  fortnight,  perhaps  some  person  could 

by  Concurrent  Resolutions,  be  sent  up  to  relieve  me,  whose  informal 

Appointment  can  be  easily  confirmed  by  Law  before  the  running  of  the 

Line  can  be  compleated. 

I  am  respectfully 

Sir 

Your  Very  Humble  ServJ 

GERARD  BANCKER. 

His  Excellency 
George  Clinton.  Esqf  Gov' 

— [Clinton  Papers  (MS.),  N.  Y.  State  Library,  No.  5517,  vol.  xix. 


On  the  18th  of  October,  1784,  Governor  Clinton,  by  message  to  the 
Legislature,  called  attention  to  "  the  necessity  of  appointing  Agents  to 
manage  the  controversy  on  the  part  of  this  State,"  in  the  Federal  Con- 
gress. For  a  copy  of  his  said  message,  see  vol.  i,  part  i  of  this  Report 
on  Boundaries  (Sen.  Doc,  1873),  p.  213. 


An  Act  to  amend  an  Act,  entitled,  An  Act  to  appoint  Commissioners  to 

complete  the  running  of  a  Jurisdiction  Line  between  this  State  and  the 

State  or  Commonwealth  of  Massachusetts,  passed  the  17th  day  of 

March,  1783.     Passed  the  11th  of  November,  1784. 

WHEREAS  by  the  Act,  entitled,  "An  Act  to  appoint  Commissioners 

to  complete  the  running  of  a  Jurisdiction  Line,  between  this  State,  and 

the  State  or  Commonwealth  of  Massachusetts,"  only  three  Persons,  to 

wit,  The  Honorable  Robert  Yates  and  Philip  Schuyler,  Esquires,  and 

Gerard  Bancker,  Esquire,  are  declared  Commissioners  on  the  Part  of 

this  State,  who,  or  any  two  of  whom,  shall  have  full  Power,  and  are 

thereby  authorised  to  meet  with  Commissioners  who  are,  or  may  be 

lawfully  authorised  and  appointed  by  the  said  State  or  Commonwealth 

of  Massachusetts,  and  in   Conjunction  with  such  Commissioners  to  be 

appointed  on  the  Part  and  Behalf  of  the  said  State  or  Commonwealth 

of  Massachusetts,  to  run  out,  and   mark  the  said   Jurisdiction  Line, 

according  to  the  true  Intent  and  Meaning  of  certain  Articles  made  and 


184  Copies  of  Documents  Relating  to  the 

entered  into,  on  the  eighteenth  Day  of  May,  in  the  Year  One  Thousand 
Seven  Hundred  and  Seventy  Three,  between  Commissioners  appointed 
by  an  Act  of  the  Legislature  of  the  late  Colony  of  New-York,  and 
Commissioners  appointed  by  an  Act  of  the  Legislature  of  the  late 
Colony  of  Massachusetts-Bay,  which  Agreement  is  particularly  set  forth 
in  the  Act  of  the  Legislature  of  this  State,  herein  in  Part  recited. 

And  whereas  it  may  prove  inconvenient  or  impracticable,  for  two  of 
the  Commissioners  so  named  in  the  said  recited  Act,  to  attend  to  the 
Discharge  of  the  Trust  reposed  in  them  by  the  said  Act;  whereby  the 
final  running  and  marking  the  said  Jurisdiction  Line,  may  be  procras- 
tinated, and  a  great  Expence  be  unnecessarily  incurred  : 

Be  it  therefore  enacted  by  the  People  of  the  State  of  New- York, 
represented  in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 
Authority  of  the  same,  That  Simeon  D'Witt,  Esquire,  Surveyor-General 
of  this  State,  shall  be,  and  is  hereby  declared  to  be  one  of  the  commis- 
sioners on  the  Part  of  this  State,  and  who,  together  with  the  said 
Robert  Yates,  Philip  Schuyler  and  Gerard  Bancker,  the  Commissioners 
named  in  the  said  in  Part  recited  Act,  or  any  two  or  more  of  them  the 
said  Robert  Yates,  Philip  Schuyler,  Gerard  Bancker  and  Simeon 
D'Witt,  shall  have  full  Power,  and  are  hereby  authorised  to  meet  with 
Commissioners,  who  are,  or  may  be  lawfully  authorised  and  appointed 
by  the  said  State  or  Commonwealth  of  Massachusetts,  and  in  Conjunc- 
tion with  such  Commissioners  to  be  appointed  on  the  Part  and  Behalf 
of  the  said  State  or  Commonwealth  of  Massachusetts,  to  run  out,  and 
mark  the  said  Jurisdiction  Line,  according  to  the  true  Intent  and 
Meaning  of  the  said  Articles  of  Agreement,  as  fully  and  effectually,  to 
all  Intents  and  Purposes,  as  if  the  said  Simeon  D'Witt  had  been 
expressly  declared  appointed  and  authorised,  to  be  one  of  the  said 
Commissioners  on  the  Part  of  this  State,  in  and  by  the  said  in  Part 
recited  act. 

—{Laws  ofN.  Y.  1784-1786,  fol.  ed.;  p.  131  (MS.  paging). 


An  Act  to  appoint  Agents  or  Commissioners  for  vindicating  the  Bight 
and  Jurisdiction  of  this  State,  against  the  Claims  of  the  Common- 
wealth of  the  Massachusetts,  pursuant  to  the  Articles  of  Confederation, 
and  Perpetual   Union   of  the    United  States.     Passed   the  12th  of 

November,  1784. 

Whereas  the  United  States  of  America,  in  Congress  assembled,  at 
the  City  of  Annapolis,  on  the  third  Day  of  June  last,  did  make  and  pub- 
lish a  certain  Act,  in  the  Words  following,  that  is  to  say,  [See  p.  181, 
ante.] 


Boundaries  of  the  State  of  New  York.  185 

I.  Be  it  therefore  enacted  by  the  People  of  the  State  of  New  -  York, 
represented  in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 
Authority  of  the  same,  That  James  Duane,  John  Jay,  Robert  R.  Liv- 
ingston, Egbert  Benson  and  Walter  Livingston,  Esquires,  shall  be,  and 
they  hereby  are  declared  to  be  Agents  for  this  State,  in  the  Controversy 
between  this  State  and  the  said  Commonwealth  of  Massachusetts,  in 
the  said  recited  Act  of  the  United  States  in  Congress  assembled,  men- 
tioned; and  the  said  James  Duane,  John  Jay,  Robert  R.  Livingston, 
Egbert  Benson  and  Walter  Livingston,  Esquires,  or  any  two  or  more  of 
them,  are  hereby  authorised  and  directed  on  the  Day  and  Place  for  that 
Purpose  in  the  said  Act  limited,  and  at  such  other  Times  and  Places,  as 
the  Occasion  shall  require,  in  Behalf  of  this  State,  to  appear  before  the 
said  United  States,  in  Congress  assembled,  in  Order  by  the  joint  Con- 
sent of  them  the  said  Agents,  or  any  two,  or  more  of  them,  and  the 
Agents,  on  the  Part  of  the  said  Commonwealth  of  Massachusetts,  to 
appoint  Commissioners  or  Judges  to  constitute  a  federal  Court  for  hear- 
ing and  determining  the  Controversy  aforesaid ;  and  if  it  shall  so  hap- 
pen, that  the  Agents  of  the  said  State  of  New-York  and  Commonwealth 
of  the  Massachusetts  respectively,  shall  not  agree  by  joint  Consent  in 
appointing  Commissioners  or  Judges  to  constitute  such  Court,  then  it  shall 
and  may  be  lawful  to  and  for  the  said  Agents,  on  the  Part  of  this  State, 
or  any  two  or  more  of  them,  and  they,  or  any  two  or  more  of  them,  are 
hereby  authorised  and  required  to  proceed  in  Behalf  of  this  State  to  the 
Appointment  of  such  Commissioners  or  Judges,  in  the  Manner  and 
Form  directed  and  prescribed  in  and  by  the  said  Articles  of  Confedera- 
tion and  Perpetual  Union;  and  also  to  appear  before  the  said  Commis- 
sioners or  Judges,  when  lawfully  constituted,  and  there  to  represent 
this  State,  and  to  manage,  vindicate  and  defend  the  Rights  and  Juris- 
diction thereof  against  the  claim  of  the  said  Commonwealth  of  Massa- 
chusetts, by  all  lawful  Ways  and  Means,  with  full  Power  and  Author- 
ity to  employ  such  Counsel  learned  in  the  Law,  and  such  Solicitors  as 
they  shall  think  necessary,  to  enable  them  more  effectually  to  dischage 
the  Trust  reposed  in  them  by  this  Act. 

II.  And  be  it  further  enacted  by  the  Authority  aforesaid,  That  it 
shall  and  may  be  lawful  to  and  for  the  Secretary  of  the  State  of  New- 
York,  and  the  Clerk  of  the  City  and  County  of  Albany,  or  their 
respective  Deputies,  and  for  the  respective  Clerks  of  the  Senate  and 
Assembly  of  this  State,  to  produce,  on  the  Hearing  of  the  Controversy 
aforesaid,  and  for  that  Purpose  to  convey  out  of  the  State,  all  such 
original  Papers  remaining  in  their  respective  Offices,  as  by  the  Agents 
herein  appointed  to  manage  the  Controversy  aforesaid,  on  the  Part  of 
this  State,  or  any  two  or  more  of  them,  shall  be  judged  necessary  for  the 


186  Copies  of  Documents  Relating  to  the 

better  Manifestation  of  the  Boundaries  and  Jurisdiction  of  the  State. 
Provided  always, 

III.  And  be  it  further  enacted  by  the  Authority  aforesaid,  That  this 
Act,  or  any  Article,  Clause,  Matter  or  Thing  herein  contained,  shall  not 
extend,  or  be  deemed,  construed,  adjudged,  or  taken  to  annul,  alter,  or 
in  any  Wise  affect  certain  Articles  of  Agreement,  made  and  concluded 
upon  the  eighteenth  Day  of  May,  in  the  Year  of  our  Lord,  One 
Thousand  Seven  Hundred  and  Seventy-three,  between  Commissioners 
appointed  by  an  Act  of  the  Legislature  of  the  late  Colony  of  New- 
York,  and  Commissioners  appointed  by  an  Act  of  the  Legislature  of 
the  late  Colony  of  Massachusetts-Bay;  not  to  annul,  alter,  or  in  any 
Wise  affect  a  certain  Instrument  in  Writing,  bearing  Date  the 
eighteenth  Day  of  May,  in  the  Year  last  aforesaid,  under  the  Hands 
and  Seals  of  the  then  Governors  of  the  said  Colonies  of  New- York  and 
Massachusetts-Bay  respectively,  signifying  their  Approbation  of  the 
said  Agreement;  nor  any  Act  or  Proceeding  in  Pursuance  of  the  said 
Articles  of  Agreement,  which  have  been  done  and  performed  since  the 
Settlement  of  the  said  Jurisdiction  Line,  by  Commissioners  and  Sur- 
veyors appointed,  as  well  on  the  Part  of  this  State  while  the  Colony  of 
New- York,  as  on  the  Part  of  the  State  or  Commonwealth  of  Massa- 
chusetts, while  the  Colony  of  Massachusetts-Bay,  respecting  the  run- 
ning and  marking  in  Part  the  Jurisdiction  Line  in  the  said  Articles  of 
Agreement  described;  nor  any  Act  or  Proceeding  which  is  now  doing 
and  performing,  or  shall  be  done  and  performed  by  the  Commissioners 
and  Surveyors  appointed  on  the  Part  of  this  State,  and  on  the  Part  of 
the  State  or  Commonwealth  of  Massachusetts,  to  complete  the  said 
Jurisdiction  Line,  according  to  the  true  Intent  and  Meaning  of  the  said 
Articles  of  Agreement. 

IV.  And  be  it  further  enacted  by  the  Authority  aforesaid,  That  a 
certain  Act  of  the  Legislature  of  this  State,  entitled,  "  An  Act  to 
empower  the  Congress  of  the  United  States  of  America,  to  determine 
all  Controversies  relative  to  certain  Lands  in  the  Counties  of  Cumber- 
land, Gloucester,  Charlottee  and  Albany,  commonly  called  the  New- 
Hampshire  Grants,"  passed  the  21st  Day  of  October,  1779,  so  far  as  the 
same  Act  respects  Claims  or  Boundaries  in  Controversy  between  this 
State,  and  the  State  or  Commonwealth  of  Massachusetts-Bay,  be  and 
the  same  hereby  is  repealed. 

—[Laws  of  JV.  Y.t  1784-1786,  fol.  ed. ;  p.  132  (MS.  paging). 


Boundaries  oe  the  State  of  New  York.  187 

[Gerard  Bancker  to  Governor  Clinton.] 

New  York,  Nov!  16?  1784. 
Sir, 

By  a  Law  passed  the  17?  March  1783,  The  Honourable  Philip 
Schuyler  &  Robert  Yates  Esq™  and  myself  were  appointed  Commis- 
sioners for  completing  the  running  of  a  Jurisdiction  Line  between  this 
State  and  the  State  or  Commonwealth  of  Massachusetts:  In  pursuance 
s>f  the  said  Law  M!  Schuyler  and  myself  met  at  the  Oblong  on  the  25? 
Ultimo  with  four  Gentlemen  Commissioned  on  the  part  of  the  said  Com- 
monwealth ;  but  after  being  ten  Days  together  we  parted  without  com- 
pleting the  Business  committed  to  us:  The  cause  of  not  agreeing  will 
fully  appear  from  a  number  of  Letters  that  passed  between  us,  which 
Letters  MT.  Schuyler  took  to  Claverack  to  have  copied  immediately, 
and  to  enable  him  to  prepare  our  Report,  in  order  to  lay  before  Your 
Excellency  during  the  present  sitting  of  the  Legislature :  But  as  the 
setting  is  near  at  an  End  I  fear  Mf  Schuyler  may,  from  the  want  of  a 
proper  Conveyance,  be  prevented  from  transmitting  them  in  time ;  and 
therefore  beg  Your  Excellency  to  accept  of  the  following  Sketch  of  our 
proceedings,  which  I  put  down  from  memory. 

On  the  Evening  of  the  said  Day  of  Meeting,  one  of  the  Massachusetts 
Gentlemen  proposed  as  preparatory  to  our  running  the  Line,  that  the 
variation  of  the  compass  since  the  date  of  y!  Agreement  in  the  year 
1773,  should  be  ascertained  by  having  recourse  to  two  Stakes  which 
were  set  up  8  Chains  apart  at  the  beginning  of  the  Line,  when  attempted 
to  be  run  by  Commissioners  and  Surveyors  from  both  States  in  the  said 
year  1773:  This  being  agreed  to;  part  of  the  next  Day  was  spent  in 
Comparing  our  Instruments  (which  agreed  very  well)  and  in  ascertain- 
ing the  Variation  by  those  Stakes;  after  some  time  had  been  spent  on 
the  Ground,  in  comparing  our  Calculations  with  the  Variation  as  then 
found,  we  proposed  to  them  to  run  a  course  as  the  Needle  then  pointed 
N?  20°  42'  E.  to  which  they  immediately  agreed,  declaring  it  was  the 
very  Course  they  intended  to  have  proposed  to  us,  and  we  proceeded  on 
the  Survey  some  distance  that  afternoon:  On  returning  to  our  Lodg- 
ings in  the  Evening,  they  proposed  establishing  the  agreement  of  that 
Day  by  an  Instrument  in  Writing  to  be  executed  by  both  Parties,  to 
which  we  readily  agreed;  the  Agreement  was  the  next  Morning  accord- 
ingly drawn  up  in  Writing  by  M'  Sedgwick  one  of  the  Massachusetts 
Gentlemen,  and  one  fair  Copy  made  by  Mr.  Strong  another  of  them: 
the  second  Copy  was  deferred  'till  Evening  that  no  time  might  be  lost 
in  carrying  on  the  Survey;  But  to  our  surprise  in  the  Evening  they 
declined  executing  the  said  agreement  declaring  that  the  variation 
allowed  was  not  sufficient :  A  Letter  was  then  wrote  to  them  reciting 
the  previous  transactions  and  demanding  of  them  the  execution  of  the 


188  Copies  of  Documents  Relating  to  the 

agreement  respecting  the  course  to  be  run ;  They  by  Letter  declined 
it  and  proposed  determining  the  variation  by  a  Series  of  observations 
then  in  their  possession,  made  by  a  M?  Winthrop  . .  Professor  of  Mathe- 
matics in  Harvard  College,  and  from  taking  his  Calculations  as  a  data, 
they  insisted  that  the  course  we  ought  to  run  should  be  N'  20°  37'  E. 
Some  Letters  passed  on  the  subject  of  Mf  Professor  Winthrop's  Obser- 
vations; but  before  we  conceded  to  the  Course  N?  20°  37'  E.  (which  we 
afterwards  did)  they  departed  from  it,  and  proposed  determining  what 
the  true  Variation  was  since  17*73  by  a  Pine  Tree  which  had  been 
marked  in  that  Year  when  the  Line  was  in  part  run,  which  Pine  Tree 
stood  at  about  130  Chains  from  the  beginning,  and  being  on  this  Sur- 
vey, found  to  stand  favorable  to  their  demand  of  an  extravagant 
allowance  of  Variation,  they  insisted  should  be  the  Standard,  and  they 
would  not  depart  from. 

After  the  first  Days  running  and  when  the  Massachusetts  Gentlemen 
thought  fit  to  decline  executing  the  written  agreement,  they  expressed 
a  desire  to  proceed  another  Day  to  make  further  Observations  ;  we 
consented  and  the  Survey  went  on  three  Days  longer,  at  the  expiration 
of  which  time  when  we  had  advanced  between  7  &  8  Miles  over  very 
high  Mountains,  they  declined  going  any  further;  and  proposed  to 
return  to  the  place  of  beginning  to  re-examine  the  Line  run  which  we 
did,  but  after  they  had  spent  a  considerable  time  in  the  examination,  no 
discovery  was  made  to  induce  an  alteration  of  opinion  respecting  the 
course  to  be  run  and  the  Survey  stopped. 

I  have  the  honor  to  be,  With  great  Respect 
Your  Excellency's 

Most  Obedient  and 

Humble  Servant 

His  Excellency  GERARD  BANCKER. 

Geo.  Clinton  Esq!  Gov!  of  the  State  of  New  York. 

— [Clinton  Papers  (MS.),  JV.  Y.  State  Library,  No.  5530,  vol.  xix. 


[Draft.] 

New  York,  Nov!  18*?  1784. 
Sir. 

In  conformity  to  concurrent  Resolutions  of  the  Senate  and  Assembly 
of  the  17*?  instant,  Copies  whereof  are  inclosed,  I  have  the  honor  to 
inform  You  of  your  appointment,  &  that  the  Legislature  rely  on  your 
Service  as  a  Counsellor  and  Agent,  for  managing  the  Controversy  on 
the  part  of  this  State,  against  the  claims  of  the  Commonwealth  of  the 
Massachusetts  —  And  That  they  expect  you  will  accordingly  repair  to 


Boundaries  of  the  State  of  New  York.  189 

Trenton  by  the  first  Day  of  December  next  to  assist  in   appointing  a 
Federal  Court  for  determining  the  Controversy. 

I  am  with  great  Respect, 

Sir  your  most  Obed1  Serv' 
The  Honbla  Robert  R.  Livingston  Esqr. 

&  Egbert  Benson  Esqr. 
— [  Clinton  Papers  (MS.),  N.  Y.  State  Library,  No.  5533,  vol.  xix. 


Albany  November  28th  1784 
Sir 

We  have  the  honor  to  transmit  your  Excellency  copies  of  the  letters 
that  passed  between  the  Commissioners  appointed  on  the  part  of  the 
State  of  Massachusetts  to  ascertain  and  run  a  partition  line  between 
that  and  this  State,  and  us. 

We  have  added  a  few  explanatory  notes  persuaded  that  It  was  the 
wish  of  our  respectable  constituents  to  bring  this  business  to  a  happy 
conclusion,  we  extended  our  concessions  something  beyond  what  we 
deemed  they  strictly  ought  to  be. 

We  have  reason  to  apprehend  If  the  Commissioners  should  hereafter 
meet  that  difficulties  will  still  arise  to  prevent  a  final  close  of  the  busi- 
ness. We  therefore  beg  leave  to  suggest  If  It  would  not  be  most 
eligable  to  apply  to  Congress  that  commissioners  might  be  appointed 
agreeably  to  the  articles  of  confederation  to  carry  into  full  effect  the 
agreement  of  May  1773 

We  have  the  honor  to  be  with  great 
Respect  &  Esteem 
Sir  Your  Excellencys  Most  Obedient  Servants. 

PH:  SCHUYLER. 
GERARD  BANCKER. 

His  Excellency  George  Clinton.  Esq',.  &c. 

— [Clinton  Papers  (MS.),  N.  Y.  State  Library,  No.  5534,  vol.  xix. 


[In  U.  S.  Congbkss.] 

December  8,  1784. 

*  *  *  * 

This  being  the  day  assigned  for  the  appearance  of   the  states    of 

Massachusetts  and  New- York,  agreeable  to  the  resolution  of  the  6th 

instant,  and  the  United  States  in  Congress  assembled  being  informed, 

that  the  agents  for  the  said  states  are  now  attending, 

Ordered,  That  they  be  admitted. 


190  Copies  of  Documents  Relating  to  the 

The  agents  appeared  accordingly,  and  produced  their  credentials, 
which  were  read  as  follows: 

CREDENTIALS  OF  THE  AGENTS  FOR  THE  STATE  OF 
MASSACHUSETTS. 

Commonwealth  of  Massachusetts,  in  Senate,  11th  November,  1784. 

Whereas  the  legislature  of  this  commonwealth,  by  their  petition  to 
Congress,  on  the  27th  day  of  May  last  past,  alleged  that  certain  lands 
to  which  the  state  of  New-York  set  up  a  claim,  were  the  just  and  proper 
right  of  this  commonwealth,  and  Congress  having  given  notice  thereof 
to  the  said  state,  and  appointed  the  first  Monday  of  December  next, 
to  proceed  in  the  premises,  as  by  the  article  of  confederation  and 
perpetual  union  is  directed:  Resolved,  That  the  honorable  John  Lowell 
and  James  Sullivan,  esqrs.  with  the  delegates  who  shall  actually  repre- 
sent this  commonwealth  in  Congress,  on  the  first  day  of  December 
next,  or  the  major  part  of  the  persons  before  mentioned,  be,  and  they 
hereby  are  constituted  the  lawful  agents  of  this  state,  and  are  author- 
ized and  empowered,  with  such  agent  or  agents  as  are  or  may  be 
empowered  therefor,  on  the  part  and  behalf  of  the  state  of  New-York, 
to  appoint  by  joint  consent,  commissioners  or  judges  to  constitute  a 
court  for  hearing  and  determining  the  claim  of  the  same  state  and  of 
this  commonwealth,  to  the  lands  mentioned  and  described  in  the  petition 
aforesaid:  and  in  case  the  said  state  of  New- York  shall  neglect  to 
attend  by  their  agent  or  agents  at  the  time  appointed  therefor  by 
Congress;  or  if  attending,  the  agent  or  agents  of  the  said  state  and  of 
this  commonwealth,  cannot  agree  to  appoint  by  joint  consent,  commis- 
sioners or  judge  for  the  purpose  aforesaid,  then  the  said  agents  of  this 
commonwealth,  or  the  major  part  of  them,  are  hereby  authorized  and 
empowered,  to  do  and  transact  all  matters  and  things  whatsoever, 
which,  by  the  said  articles  of  confederation  and  perpetual  union,  are 
made  necessary  to  be  done  and  transacted  on  the  part  of  this  com- 
monwealth, for  the  appointment  of  commissioners  or  judges  for  the 
purpose  aforesaid. 

Sent  down  for  concurrence,  SAMUEL  ADAMS,  President. 

In  the  House  of  Representatives,  November  11,  1784. 

Read  and  concurred,  SAMUEL  A.  OTIS,  Speaker. 
Approved,  JOHN  HANCOCK. 

True  Copy  Attest:  JOHN  AVERY,  jun,  Secretary. 

CREDENTIALS  OF  THE  AGENTS  FOR  THE  STATE  OF  NEW- 
YORK. 

The  people  of  the  state  of  New- York,  by  the  grace  of  God,  free  and 
independent,  to  all  to  whom  these  presents  shall  come,  send  greeting : 
Know  ye,  That  we  having  inspected  the  original  acts  of  the  legislature 
of  our  said  state,  remaining  in  our  secretary's  office,  do  find  there  a  cer- 
tain act  passed  the  1 2th  day  of  November,  1784,  in  the  words  and  figures 
following,  to  wit,  "  An  act  to  appoint  agents  or  commissioners  for  vin- 
dicating the  right  and  jurisdiction  of  this  state,  against  the  claims  of 
the  commonwealth  of  Massachusetts,"  etc.  *  [See  copy  of  said  act  before 
recited].  *  *  *  * 


Boundaries  of  the  State  of  New  York.  191 

The  credentials  being  read,  the  agents  withdrew ;  Whereupon 
Ordered,  That  the  secretary  furnish  the  agents  of  each  party,  with 
copies  of  the  credentials  of  the  other,  and  that  they  appear  again  on 
Friday  next ;  and  that  they  then  inform  the  United  States  in  Congress 
assembled,  whether  they  have  any,  and  what  objections  to  the  creden- 
tials produced. 

*  *  *  * 

December  10,  1784. 

According  to  order,  the  agents  for  the  States  of  Massachusetts  and 
New  York,  attended,  and  informed  the  United  States  in  Congress 
assembled,  that  they  have  respectively  been  furnished  with  the  creden- 
tials of  the  other  party,  and  have  no  objections  thereto;  Whereupon, 

Resolved,  That  the  agents  for  the  States  of  Massachusetts  and  New- 
York  be,  and  they  are  hereby  directed  to  appoint,  by  joint  consent, 
commissioners  or  judges  to  constitute  a  court  for  hearing  and  determin- 
ing the  matter  in  question,  agreeable  to  the  9th  of  the  articles  of  Con- 
federation and  perpetual  Union. 
— [Journals  of  Congress,  iv,  450. 


[State  op  New  York.] 

An  Act  to  authorize  the  United  States  in  Congress  assembled  to  appoint 
Commissioners  to  complete  the  running  of  a  certain  Line  of  Jurisdic- 
tion therein  mentioned,  between  this  State  and  the  Commonwealth  of 
Massachusetts.     Passed  the  7th  day  of  March,  1785. 

Whereas  an  Agreement  was  made  and  entered  into  on  the  eighteenth 
Day  of  May,  in  the  Year  of  our  Lord,  One  Thousand  Seven  Hundred 
and  Seventy-three,  between  Commissioners  appointed  by  an  Act  of  the 
Legislature  of  the  late  Colony  of  New-York,  and  Commissioners 
appointed  by  an  Act  of  the  Legislature  of  the  late  Colony  of  Massa- 
chusetts-Bay, which  Agreement  is  in  the  words  following,  to  wit,  [See 
vol.  i,  part  i,  of  this  Report  on  Boundaries  {Sen.  Doc,  1873,  No.  108), 
p.  211.] 

And  whereas  the  Governors  of  the  said  Colonies  of  New-York  and 
Massachusetts-Bay,  by  an  Instrument  in  Writing  under  their  Hands 
and  Seals  respectively,  bearing  Date  the  eighteenth  Day  of  May,  in  the 
Year  One  Thousand  Seven  Hundred  and  Seventy-three,  signified  their 
Approbation  of  the  said  Agreement,  which  said  Instrument  is  in  the 
Words  following,  to  wit, 

We,  the  Governors  of  the  Provinces  aforesaid,  having  been  present 
at  the  Execution  of  the  Agreement  aforesaid,  in  Testimony  of  our  Con- 
sent thereto  and  of  our  Approbation  thereof,  have  hereunto  set  our 
Hands  and  Seals  at  Hartford  aforesaid,  this  eighteenth  Day  of  May,  in 


192  Copies  of  Documents  Relating  to  the 

the  year  of  our  Lord  One  Thousand  Seven  Hundred  and  Seventy-three, 
and  the  thirteenth  Year  of  his  Majesty's  Reign. 

And  whereas  since  the  Settlement  of  the  said  jurisdiction  Line  in 
Manner  aforesaid,  Commissioners  and  Surveyors  have  been  twice 
appointed  on  the  Part  of  the  said  State  of  New-York  and  Common- 
wealth of  Massachusetts  respectively,  to  Run  and  Mark  the  said  Line 
pursuant  to  the  said  Articles  of  Agreement ;  and  although  such  Com- 
missioners in  both  Instances  proceeded  in  Part  to  Run  the  said  Line, 
yet  they  could  not  agree  so  as  to  complete  the  same,  And  whereas  the 
Borderers  on  the  said  Line  now  suffer  great  Inconvenience  aud  Injustice 
by  being  exposed  to  Taxation  under  the  Authority  of  both  Govern- 
ments, and  a  Regard  to  their  Security  and  the  public  Tranquility  require 
that  some  adequate  Remedy  should  be  provided. 

I.  Be  it  enacted  by  the  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the  Authority  of 
the  same,  That  it  shall  and  may  be  lawful  to  and  for  the  United  States 
of  America  in  Congress  assembled,  and  they  are  hereby  fully  authorized 
to  appoint  three  skilful,  judicious  and  disinterested  Persons  as  Commis- 
sioners to  Run  out,  Survey,  Mark  and  Ascertain  the  said  Line  of 
Jurisdiction  between  this  State  and  the  Commonwealth  of  Massachu- 
setts, according  to  the  true  Intent  and  Meaning  of  the  Articles  of 
Agreement  herein  before  recited. 

II.  And  be  it  further  enacted  by  the  Authority  aforesaid,  That  the 
Line  so  to  be  run,  marked  and  ascertained  by  the  said  Commissioners, 
or  any  two  of  them,  according  to  the  true  Intent  and  Meaning  of  the 
said  Articles  of  Agreement,  shall  be  and  for  ever  hereafter  remain 
a  jurisdiction  or  Boundary  Line  as  far  as  the  same  shall  extend 
between  the  Commonwealth  of  Massachusetts  and  this  State.  Pro- 
vided always,  That  the  Commissioners  so  to  be  appointed  shall 
before  they  proceed  upon  the  Execution  of  their  Trust,  be  respectively 
Sworn  in  the  Presence  of  a  Magistrate  to  perform  the  same  Faithfully 
and  Impartially,  according  to  the  best  of  their  Skill  and  Judgment, 
and  shall  within  two  Years  from  the  passing  of  this  Act  complete  the 
said  Survey,  and  make  a  true  and  exact  Return  thereof  into  the  Secre- 
tary's Office  of  the  United  States  in  Congress  assembled,  in  Order  to 
be  there  filed  as  a  perpetual  Evidence  of  the  said  jurisdiction  Line. 
Provided  also,  That  the  Legislature  of  the  Commonwealth  of  Massa- 
chusetts shall  Consent  to  such  Appointment  of  Commissioners,  and 
shall  within  nine  months  from  the  Publication  of  this  Act,  pass  a  Law 
for  vesting  the  United  States  in  Congress  assembled  with  similar  Powers 
and  Authorities  as  are  vested  in  them  in  and  by  this  Act. 

III.  And  be  it  further  enacted  by  the  Authority  aforesaid,  that  the 
Governor  or  Person  Administring  the  Government  of  this   State  for 


Boundaries  of  the  State  of  New  York.  193 

the  Time  being,  shall  be,  and  is  hereby  authorized  to  nominate  and 
appoint  one  or  more  Person  or  Persons  to  furnish  the  said  Commis- 
sioners which  shall  be  appointed  by  Congress  to  Run  the  said  jurisdic- 
tion Line,  with  the  necessary  Documents  and  Papers  relative  to  the 
said  Line,  and  to  disburse  and  pay  from  Time  to  Time  the  one  Half  of 
the  Expences  attending  the  Survey,  as  well  as  to  Pay  the  said  Commis- 
sioners for  the  one  Moiety  of  their  Services,  and  the  Person  or  Persons 
so  nominated  and  appointed  as  aforesaid,  or  any  one  or  more  of  them 
is  and  are  hereby  authorized  to  draw  upon  and  receive  from  the 
Treasurer  of  this  State,  a  Sum  not  exceeding  Five  Hundred  Pounds  for 
the  Purposes  aforesaid,  and  for  which  they  shall  be  Accountable  to  this 
State. 
— [Laws  of  N.  T.,  1784-1786,  fol.  ed.,  p.  174  (MS.  paging). 


[In  U.  S.  Congress.] 

June  9,  1785. 

*  .  *  #  .  * 

In  further  pursuance  of  the  resolution  of  the  10th  day  of  December 
last,  the  agents  of  the  states  of  New- York  and  Massachusetts,  made  the 
following  report: 

To  the  honourable  the  United  States  in  Congress  assembled,  the  sub- 
scribers, agents  of  the  state  of  New- York  and  Massachusetts,  beg 
leave  to  represent,  that  they  have  agreed  upon  the  hon.  Samuel  John- 
son, esq.  of  North-Carolina,  the  hon.  William  Fleming,  esq.  of  Vir- 
ginia, and  the  hon.  John  Sitgreaves,  esq.  of  North-Carolina,  to  be 
judges,  instead  of  the  hon.  John  Rutledge,  Robert  Hanson  Harrison, 
and  William  Grayson,  esqrs,  who  have  declined  their  appointment  to 
sit  in  the  federal  court,  for  a  trial  of  a  controversy  between  the  said 
states  of  Massachusetts  and  New-York,  which  controversy  is  suggested 
in  the  petition  of  the  former,  now  on  the  files  of  Congress;  and  there- 
upon the  said  agents  do  humbly  request,  that  notice  may  be  given  to 
the  said  Samuel  Johnson,  William  Fleming  and  John  Sitgreaves,  esqrs. 
and  that  upon  their  acceptance  a  commission  may  be  issued  to  them, 
together  with  the  hon.  Thomas  Johnson,  George  Wythe,  George  Reed, 
James  Monroe,  Isaac  Smith  and  William  Patterson,  esqrs.  constituting 
them  a  court  according  to  the  confederation,  to  meet  at  the  city  of 
Williamsburg,  in  the  State  of  Virginia,  on  the  3d  Tuesday  of  Novem- 
ber next,  to  hear  and  determine  the  controversy  aforesaid." 

JOHN  JAY,  1      Agents     }  JOHN  LOWELL,       Agents 

ROB.  R.  LIVINGSTON,     \        for  JAMES  SULLIVAN,     for 

WALTER  LIVINGSTON,  J  New-York.  fTHEOP.  PARSONS,  Massa- 

RUFUS  KING,         chusetts 


J  S.  HOLTON, 


— \Jowrnals  of  Congress,  iv,  536. 
13 


194  Copies  of  Documents  Relating  to  the 

[State  of  Massachusetts.] 
An  Act  to  authorize  the  United  States  in  Congress  assembled,  to  appoint 
Commissioners   to   compleat   the    running  the   Line  of  Jurisdiction 
between  the  Commonwealth  of  Massachusetts  and  the  State  of  New- 
York,  on  the  Easterly  Part  of  the  State  of  New  -  York. 

[Passed  June  29,  1*785. J 
Whereas  an  agreement  was  made  and  entered  into,  on  the  eighteenth 
day  of  May,  in  the  year  of  our  Lord,  one  thousand  seven  hundred  and 
seventy-three,  between  Commissioners  appointed  by  an  act  of  the  Legis- 
lature of  the  late  province  of  Massachusetts-Bay,  and  Commissioners 
appointed  by  an  act  of  the  Legislature  of  the  late  colony  of  New- York, 
for  the  settlement  of  a  partition  line  of  jurisdiction  between  the  said 
late  province  of  Massachusetts-Bay,  and  the  late  colony  of  New- York, 
on  the  easterly  part  of  the  said  colony  of  New- York  :  And  whereas, 
since  the  agreement  made  as  aforesaid,  Commissioners  and  surveyors 
have  been  appointed  on  the  part  of  the  Commonwealth  of  Massachu- 
setts and  the  State  of  New- York,  respectively,  to  run  and  mark  the 
said  line,  pursuant  to  the  said  agreement;  which  Commissioners, 
although  attempts  have  been  made  for  that  purpose,  have  not  been 
able  to  compleat  the  running  the  said  line  :  And  whereas  the  State  of 
New-York,  by  an  act  of  their  Legislature,  passed  on  the  seventh  day  of 
March,  one  thousand  seven  hundred  and  eighty  five,  have  on  their  part 
authorized  the  United  States  in  Congress  assembled,  to  appoint  three 
skilful,  judicious  and  disinterested  persons,  as  Commissioners,  to  run 
out,  survey,  mark  and  ascertain  the  said  line  of  jurisdiction,  according 
to  the  true  intent  and  meaning  of  the  agreement  above  referred  to  : 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same,  That  it  shall 
and  may  be  lawful  to  and  for  the  United  States  of  America,  in  Con- 
gress assembled,  and  they  are  hereby  fully  authorized  to  appoint 
thi-ee  skilful,  judicious  and  disinterested  persons,  as  Commissioners,  to 
run  out,  survey,  mark  and  ascertain  the  said  line  of  jurisdiction,  between 
this  Commonwealth,  and  the  State  of  New- York,  according  to  the  true 
intent  and  meaning  of  the  agreement  abovementioned. 

II.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  line 
so  to  be  run,  mark-ed  and  ascertained  by  the  said  Commissioners,  or  any 
two  of  them,  according  to  the  true  intent  and  meaning  of  the  said 
agreement,  shall  be,  and  forever  hereafter  remain  a  jurisdiction  or 
boundary  line,  as  far  as  the  same  shall  extend,  between  this  Common- 
wealth, and  the  easterly  part  of  the  State  of  New- York. 

Provided  always,  That  the  Commissioners  so  to  be  appointed,  shall 
before  they  proceed  upon  the  execution  of  their  trust,  be  sworn  faith- 


Boundaries  of  the  State  of  New  York.  195 

fully  and  impartially  to  perform  the  same,  according  to  the  best  of 
their  skill  and  judgment;  and  shall,  within  two  years  from  the  seventh 
day  of  March,  one  thousand  seven  hundred  and  eighty  five,  compleat 
the  said  survey,  and  make  a  true  and  exact  return  thereof  into  the  Sec- 
retary's oflice  of  the  United  States  in  Congress  assembled,  to  be  there 
filed  as  a  perpetual  evidence  of  the  said  jurisdiction  line. 

III.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the 
Governour,  by  and  with  the  consent  of  the  Council  of  this  Common- 
wealth, is  hereby  authorized  to  appoint  one  or  more  person  or  persons 
to  furnish  the  said  Commissioners,  which  shall  be  appointed  by  Congress 
to  run  and  ascertain  the  line  aforesaid,  with  the  necessary  documents 
and  papers  relative  to  the  said  line,  and  to  make  his  warrant  on  the 
Treasurer  of  this  Commonwealth,  in  favour  of  the  person  or  persons  so 
to  be  appointed,  for  the  sum  of  three  hundred  pounds,  to  be  applied,  if 
necessary,  for  the  payment  of  one  half  of  the  expences  attending  the 
survey,  and  for  which  they  shall  be  accountable  to  this  Commonwealth. 

—[Mass.  Perpetual  Laws,  1780-89,  fol.  ed.,  p.  389. 


[In  Congress.] 

September  29,  1785. 

*  *  *  * 

On  motion  of  the  State  of  Massachusetts,  seconded  by  the  State  of 
New- York : 

Whereas  on  the  7th  day  of  March,  1785,  the  legislature  of  the  State 
of  New-York  passed,  and  afterwards  transmitted  an  attested  copy  of  a 
law,  in  the  words  following  :     [See  copy  of  said  law  before  recited.] 

*  *  *  * 

And  whereas  on  the  29th  day  of  June,  1785,  the  legislature  of  the  Com- 
monwealth of  Massachusetts  passed,  and  afterwards  transmitted  an 
attested  copy  of  a  law,  in  the  words  following  :  [See  copy  of  said  law 
before  recited.]  *  *  * 

For  the  purpose  of  carrying  into  execution  the  object  yof  the  States 
aforesaid, 

Resolved,  That  Monday  next  be  assigned  for  the  appointment  of 
commissioners,  conformable  to  the  laws  of  the  States  aforesaid. 

*  *  *  * 

— [Journals  of  Congress,  iv,  592. 


196  Copies  of  Documents  Relating  to  the 

November  2,  1785. 

*  *  *  * 

The  agents  for  the  States  of  Massachusetts  and  New-York,  repre- 
sented to  Congress  as  follows: 

To  the  honorable  the  United  States  in  Congress  assembled:  The  agents 
of  the  States  of  Massachusetts  and  New-York,  whose  names  are  sub- 
scribed, beg  leave  to  represent :  That  such  have  been  the  difficulties  and 
delays  in  obtaining  answers  from  several  of  the  judges,  chosen  to 
determine  the  controversy  between  the  said  states,  that  they  are  left 
in  suspense  even  to  this  hour;  a  circumstance  which  hath  hitherto  pre- 
vented a  hearing  and  renders  farther  procrastination  unavoidable. 
Wherefore  it  is  prayed,  in  behalf  of  the  said  states,  that  the  hearing 
of  the  said  controversy  may  be  on  such  future  day  as  the  parties  shall 
mutually  agree  upon,  and  hereafter  certify  to  Congress,  and  at  the 
place  appointed  for  that  purpose,  by  their  act  of  the  9th  day  of  June 
last. 

Signed,  JAMES  DUANE,  JOHN  JAY,  agents  for  New- York. 

E.    GERRY,    RUFUS    KING,     S.    HOLTEN,    agents    of 
Massachusetts. 
New- York,  November  1,  1785. 

Whereupon  Resolved,  That  the  court  for  determining  the  controversy 
aforesaid,  be  held  at  the  city  of  Williamsburgh,  in  the  state  of  Vir- 
ginia, upon  such  future  day  as  the  parties,  by  their  lawful  agents,  shall 
mutually  agree  upon  and  hereafter  certify  to  Congress,  or  in  case  of 
their  disagreement,  upon  such  day  as  may  be  appointed  by  Congress,  on 
the  application  of  either  party. 

*  *  *  * 

— {Journals  of  Congress,  iv,  603. 


December  2,  1785. 
*  *  *  * 

Pursuant  to  the  resolution  of  the  29th  September  last,  Congress  pro- 
ceeded to  the  appointment  of  three  commissioners  for  running  a  line  of 
jurisdiction  between  the  states  of  Msssachusetts  and  New- York,  con- 
formable to  the  laws  of  the  said  states,  and,  the  ballots  being  taken, 
Mr.  Thomas  Hutchins,  Mr.  John  Ewing,  and  Mr  David  Rittenhonse, 
were  elected  and  appointed. 
— [Journals  of  Congress,  iv,  607. 


Boundaries  of  the  State  of  New  York.  197 

[U.  S.  Commissioners  to  N.  Y.  and  Mass.  Delegates.] 

Philadelphia  Jan/  30th  1786 
Gentlemen 

When  we  had  the  honor  of  answering  your  letter  announcing  our 
appointment  by  Congress,  to  run  a  boundary  line  between  the  States  of 
New  York  and  Massachusetts,  we  signified  our  desire  to  know  in  what 
direction  the  Line  was  to  be  run.  We  have  since  seen  by  Mr  Hutchins 
the  Laws  of  the  State  of  New  York  relative  to  that  matter.  Unless  we 
have  some  other  documents,  concerning  the  variation  of  the  Compass  at 
the  beginning  of  the  line  in  the  Year  referred  to  in  that  Act,  the  thing 
required  to  be  done  is  impracticable.  There  is  no  principle  in  Astron- 
omy or  natural  Philosophy,  which  the  world  is  yet  in  possession  of,  which 
would  enable  any  Man  to  tell  what  was  the  variation  of  the  Magnetic 
Meridian  in  the  Year  mentioned  in  the  Act  at  that  place. 

The  variation  is  different  in  different  places;  and  also  at  different  times 
in  the  same  place,  and  without  any  known  Law,  which  would  enable  an 
Astronomer  to  assign  the  Quantity  of  it,  at  any  given  time  &  place 
from  any  observations  made  at  a  different  time  and  place.  The  Legis- 
latures therefore  of  the  respective  States  must  furnish  us  with  some 
observations  of  the  variation  of  the  needle,  made  at  the  time  &  place 
mentioned  in  their  Act,  before  we  can  be  of  any  service  as  the  Law 
stands.  But  if  they  should  respectively  agree  that  the  boundary  line 
should  make  any  given  angle  with  the  true  meridian,  instead  of  the 
magnetic  Meridian,  we  can  easily  accomplish  the  business  at  the  time 
proposed,  or  if  the  Quantity  of  the  Variation  were  mutually  agreed 
upon  by  them,  at  the  time  and  place  mentioned,  it  would  then  be 
practicable. 

But  we  apprehend  that  it  was  not  the  intention  of  the  Legislatures 
to  submit  such  an  agreement  to  us,  as  must  depend  upon  an  arbitrary 
determination  formed  from  vague  conjecture,  and  uncertain  reports  of 
inaccurate  experiments  and  observations  — 

If  upon  enquiry  therefore  there  are  no  observations  on  the  quantity  of 
the  variation  of  the  Needle  at  the  time  and  place  in  Question  in  the 
possession  of  either  of  the  States,  which  are  allowed  of  by  both,  we  are 
of  opinion  that  the  matter  must  be  referred  to  the  Legislatures,  to  make 
such  an  agreement,  as  can  be  executed,  either  by  leaving  out  any  men- 
tion of  the  Magnetic  Meridian,  or  by  substituting  some  other  course  for 
the  boundary  line,  which  may  be  mutually  agreed  upon,  as  equivalent  to 
the  course  already  fixed  by  their  Legislatures,  or  any  other  way  which 
they  may  chuse  — 

We  would  be  glad  to  know  as  soon  as  convenient,  whether  there  be 
any  such  observations  amongst  your  records,  or  what  course  you  intend 


198  Copies  of  Documents  Relating  to  the 

to  pursue,  to  supply  the  want  of  them,  that  we  may  order  our  affairs 
accordingly  — 

In  the  mean  time  we  are 

Gentlemen  with  the  greatest  respect 

Your  Most  Obed*  &  very  humble  Serv" 

(Signed)  JOHN   EWING 

DAVID  RITTENHOUSE 

THO8  HUTCHINS 

The  Hon.bu  The  Delegates  for  ') 

Massachusetts  &  New  York  States.  ) 

— [Clinton  Papers   (MS.),  iV.  Y.  State  Library,  No.  5710,  vol.  xxi. 


Commonwealth  or  Massachusetts, 

In  Senate  March  14th,  1786. 

Resolved  That  His  Excellency  the  Governor  be  and  he  hereby  is 
requested  to  transmit  to  the  delegates  in  Congress  from  this  State 
copies  of  the  letters  which  passed  between  the  Commissioners  appointed 
on  the  part  of  this  Commonwealth  by  an  act  of  June  1784,  and  the 
Commissioners  appointed  on  the  part  of  the  State  of  New  York,  to 
ascertain  and  run  the  boundary  line  between  this  Commonwealth  and 
the  State  of  New  York,  on  the  eastern  extremity  of  the  State  of  New 
York,  and  to  inform  the  said  delegates,  that  it  was  the  opinion  of  the 
said  Commissioners  on  the  part  of  this  State,  that  the  variation  of  the 
Magnetic  Meridian  in  the  year  1773,  at  the  beginning  of  the  line  above 
mentioned,  might  be  ascertained  with  a  sufficient  degree  of  precission 
by  means  of  the  Observations  and  Minutes  made  by  the  Commissioners 
appointed  on  the  part  of  each  of  the  said  States  in  the  year  1773, 
which  are  referred  to  in  the  Letters  above  mentioned,  and  which  are 
the  only  observations  of  the  quantity  of  variation  of  needle  at  the  time 
and  place  aforesaid  in  the  possession  of  this  State. 

And  it  is  further  Resolved,  that  Timothy  Edwards,  Jahleel  Wood- 
bridge  and  Theodore  Sedgwick  Esqr,8  be  and  they  are  hereby  appointed 
agents  on  the  part  of  this  Commonwealth,  who  or  the  major  part  of 
them  are  hereby  vested  with  all  the  powers  with  which  the  Commis- 
sioners on  the  part  of  this  Commonwealth  were  vested  by  the  Act 
aforesaid  passed  the  4th  of  June  1784,  and  authority  is  hereby  given  to 
the  said  agents,  or  the  major  part  of  them  to  furnish  the  said  Commis- 
sioners appointed  by  Congress  with  the  documents  papers  and  observa- 
tions, necessary  to  ascertain  the  said  line,  and  with  the  assistance  of 
the  Commissioners  of  Congress  to  agree  with  the  agents  of  the  State 
of  New  York  how  the  said  line  shall  be  run,  if  such  agreement  can  be 


Boundaries  of  the  State  of  New  York.  199 

made  on  the  principles  of  Justice:  and  in  case  such  an  agreement  can- 
not be  made  it  is  the  expectation  of  this  Commonwealth,  that  the 
Commissioners  appointed  by  Congress  to  run  the  said  line  of  Jurisdic- 
tion do,  and  they  or  any  two  of  them  hereby  are  empowered  on  the 
part  of  this  Commonwealth  to  proceed  upon  and  accomplish  that  busi- 
ness, upon  such  principles  and  Observations  as  shall  appear  to  them  the 
least  liable  to  error:  and  the  said  agents  are  hereby  directed  to  make 
suitable  provision  for  the  accommodation  of  the  said  Commissioners 
during  the  time  that  they  may  be  employed  in  the  said  Business  —  and 
the  said  agents  are  hereby  authorised  and  empowered  to  employ  such 
persons  as  they  shall  judge  proper  to  attend  them  in  the  prosecution  of 
the  business  before  mentioned. 

Sent  down  for  Concurrence 
(Signed)        SAMUEL  PHILLIPS  Jun  Pres4.' 
In  the  House  of  Representatives  March  14'?  1786 

Read  and  Concurred. 
(Signed)      A  WARD  Speaker 
Approved 

(Signed)       JAMES   BOWDOIN 
True  Copy 

Attest        % 
(Signed)         JOHN  AVERY  Jun!  Secretary. 

— {Clinton  Papers  (MS.),  JV.  Y  State  Library,  No.  5727,  B.,  vol.  xxl 


[J.  Lawrancb  and  M.  Smith  to  Gov.  Clinton.] 

New  York  April  12\h  1786 
Sir 

We  have  the  honor  of  transmitting  to  your  Excellency  a  copy  of 
Resolutions  entered  into  by  the  Legislature  of  the  Commonwealth  of 
Massachusets  upon  the  subject  of  asscertaining  the  boundary  line 
between  that  commonwealth  and  this  State,  on  the  eastern  extremity 
of  the  State  of  New  York  —  We  were  furnished  with  this  Copy  by  the 
Delegates  from  Massachusetts,  and  conceive  it  our  duty  to  communicate 
them  for  the  information  of  the  Legislature 

We  have  the  honor  to  be 
Your  Excellency  Obed  humble 
ServM 
JOHN  LAWRANCE 
MELANCTON  SMITH 
His  Excellency  Gov  Clinton 

— [Clinton  Papers  (MS.),  N.  Y.  State  Library,  No.  5727,  A.,  vol.  xxi. 
1  Two  of  the  N.  Y.  Delegates  in  Congress.  —  [P. 


200  Copies  of  Documents  Relating  to  the 

[State  of  New  York.] 

An  ACT  supplementary  to  the  Act,  entitled,  An  Act  to  appoint  Agents 

or  Commissioners  for  vindicating  the  Right  and  Jurisdiction  of  this 

State,  against  the  Claims  of  the  Commonwealth  of  the  Massachusetts, 

pursuant  to  the  Articles  of  Confederation  and  perpetual  Union  of  the 

United  States. 

Passed  28th  April,  1786. 

[For  the  text  of  the  Act  under  the  above  title,  see  vol.  i,  part  i,  of 
this  Report  on  Boundaries  (Sen.  Doc,  No.  108,  1873),  p.  214.] 


[XJ.    S.    COMMISSIONEBS   TO    N.    Y.    AND  MASS.  DELEGATES.] 

Philadelphia  June  7th  1 786. 
Gentlemen 

When  Congress  honored  us  with  a  Commission  for  settling  the  bound- 
ary line  between  New  York  and  Massachusetts,  the  time  for  executing  the 
work  was  submitted  to  our  Conveniency.  We  appointed  the  beginning 
of  July  as  the  only  time  in  which  Doctor  Ewing  could  be  spared  from 
the  University.  But  Mr  Hutchins  is  ordered  to  the  westward  on  the 
business  of  his  department,  so  that  there  is  no  hope  of  his  giving  any 
assistance  at  that  time,  as  he  has  appointed  his  deputies  to  meet  him  then 
at  Pittsburgh.  Mr  Rittenhouse  is  also  in  a  peculiar  situation  at  that  time, 
being  obliged  by  an  appointment  of  the  State  of  Pensylvania  to  meet 
with  Commissioners  from  the  State  of  New  York  and  Pensylvania  to 
run  the  boundary  Line  between  them  and  he  must  necessarily  spend  some 
time  with  them  before  he  can  give  any  assistance  in  the  business  to 
which  he  is  appointed  by  Congress. 

These  circumstances  render  it  necessary  for  Congress  to  appoint 
another  Commissioner  in  the  room  of  Mr  Hutchins,  who  has  it  not  in  his 
power  to  attend  to  the  business  during  this  Summer ;  especially  as  the 
Laws  of  the  above  mentioned  States  require  that  at  least  two  of  the 
three  Commissioners  should  be  present  at  fixing  the  course  of  the  line 
and  extending  it  forward.  In  order  to  have  the  boundary  line  com- 
pleated  in  the  course  of  this  summer,  we  would  humbly  propose  to  you, 
that  Congress  be  moved  to  appoint  Mr  Robert  Patterson  professor  of 
Mathematics  in  the  university  of  Pensylvania,  whose  qualifications 
enable  him  to  render  the  necessary  assistance,  and  whose  situation 
admits  of  his  attendance  at  the  time  proposed  :  unless  you  should  think 
of  some  other  person,  better  qualified  for  the  business,  or  more  agreea- 
ble to  the  parties  concerned,  or  unless  you  should  be  of  Opinion  that  it 
would  be  better  to  defer  the  work  till  another  season.  We  shall  be 
obliged  to  you  for  the  result  of  your  determination  on  this  subject  as 
soon  as  you  can  convey  it,  together  with  what  documents  you  may  be 


Boundaries  of  the  State  of  New  York.  201 

possessed  of,  for  ascertaining  the  variation  of  the  Magnetic  Needle,  at 
the  time  and  place  required.     We  have  the  honor  to  be 

With  the  greatest  respect 
Gentlemen 

Your  Most  Obedient  and 

Very  humble  Servants 

(Signed)  JOHN  EWING 

DAVID  RITTENHOUSE 
THOMAS  HUTCHINS 

The  Honorable 

The  Delegates  of 

New  York  &  Massachusetts. 

— {Clinton  Papers  {MS.),  N.  Y.  State  Library,  No.  5741,  vol.  xxi. 


[State  of  Massachusetts.] 
An  Act  empowering  the  Agents  appointed  by  this  Government,  to 
defend  the  Territory  on  the  West  Side  of  Hudson's  River,  against 
the  Claims  of  the  State  of  New-York,  to  settle  the  Controversy 
relative  thereto,  otherwise  than  by  a  Federal  Court,  if  they  shall 
judge  it  Expedient. 

[Passed  July  5,  1786.] 

Whebeas  it  appears  that  the  Legislature  of  New-York,  have  by  their 
act  empowered  the  Commissioners  by  them  appointed  for  vindicating 
the  right  and  jurisdiction  of  the  State  of  New-York,  against  the  claim 
of  this  Commonwealth,  to  settle  the  controversy,  otherwise  than  by  a 
Federal  Court : 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  the 
Agents  or  Commissioners  appointed  by  this  Government  to  defend  the 
territory  of  this  Commonwealth  on  the  west  side  of  Hudson's  river 
against  the  claim  of  the  State  of  New -York,  or  the  major  part  of  the 
said  Agents  or  Commissioners,  be,  and  they  are  hereby  fully  authorized 
and  empowered  to  agree  with  the  Agents  or  Commissioners  of  the  State 
of  New  -  York,  and  settle  the  controversy  respecting  the  territory  afore- 
said, by  a  Federal  Court,  as  appointed  by  virtue  of  the  confederation, 
or  otherwise,  in  such  way  and  manner  as  they  shall  judge  will  comport 
with  justice,  and  the  interest  of  this  Commonwealth. 

— [Mass.  Perpetual  Laws,  1780-89,  fo.  ed.,  p.  391. 


202  Copies  of  Documents  Relating  to  tbe 

[States  op  New  York  and  Massachusetts.] 
Agreement  entered  into  by  the  Commissioners  appointed  to  settle  the 
Controversy  between  the  Commonwealth  of  Massachusetts  and  the 
State  of  New  •  York,  respecting  Lands  lying  westward  of  Hudson's 
River.     [December  16,  1786.] 

[For  the  text  of  the  Agreement  made  under  the  above  title,  see  vol. 
i,  part  *i,  of  this  Report  on  Boundaries  (Sen.  Doc,  No.  108,  1873), 
p.  216. 


[State  op  Massachusetts.] 

An  Act  for  granting  further  Time  to  the  Commissioners,  appointed  by 
Congress,  for  compleating  the  running  of  the  Line  of  Jurisdiction, 
between  the  Commonwealth  of  Massachusetts  and  the  State  of  New- 
York,  on  the  Easterly  Part  of  the  State  of  New  -  York. 

[Passed  March  1,  1 787.J 
Whereas  by  virtue  of  an  act,  passed  the  twenty-ninth  day  of  June, 
A.  D.  one  thousand  seven  hundred  and  eighty-five,  entitled  "An  Act, 
to  authorize  the  United  States  in  Congress  assembled,  to  appoint  Com- 
missioners to  compleat  the  running  the  line  of  jurisdiction  between 
the  Commonwealth  of  Massachusetts  and  the  State  of  New-York,  on 
the  easterly  part  of  the  State  of  New  York,"  the  said  United  States  in 
Congress  assembled,  did  appoint  Commissioners,  "  to  run  out,  survey, 
mark  and  ascertain  the  said  line  of  jurisdiction,"  who  have  not  yet 
compleated  the  business  of  their  appointment. 

And  whereas  the  time  limited  by  the  act  aforesaid,  for  the  Commis- 
sioners to  compleat  the  said  survey,  and  to  make  a  return  thereof  into 
the  Secretary's  office,  of  the  United  States,  will  expire  on  the  seventh 
day  of  March,  1787,  and  the  business  of  their  commission  cannot  be 
compleated  within  that  time: 

I.  Therefore  be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  the  further  term  of  one  year  from  the  seventh  day  of  March 
A.  D.  one  thousand  seven  hundred  and  eighty-seven,  be,  and  hereby  is 
allowed  to  the  said  Commissioners,  to  compleat  the  running  the  said 
line  of  jurisdiction  between  the  Commonwealth  of  Massachusetts,  and 
the  State  of  New- York,  on  the  easterly  part  of  the  State  of  New- York: 
And  the  said  Commissioners  shall,  at  or  before  the  expiration  of  the 
said  term,  compleat  the  business  of  their  commission,  and  make  a  true 
and  exact  return  thereof  into  the  Secretary's  office  of  the  United  States, 
to  be  there  filed,  as  a  perpetual  evidence  of  the  said  jurisdiction  line. 

— [Mass.  Perpetual  Laws,  1780-89,  fo.  ed.,  p.  390. 


Boundaries  of  the  State  of  New  York.  203 

[Governor  Bowdoin  to  Governor  Clinton.] 

Boston,  March  3d  1787 
Sir 

I  have  the  honour  to  enclose  an  Act  of  the  Legislature  of  this  State, 
by  which  your  Excellency  will  observe,  that  the  Commissioners  appointed 
to  compleat  the  running  of  the  Jurisdiction-line  between  this  Common- 
wealth &  the  State  of  New  York,  are  allowed  a  further  time  for  that 
purpose  :  viz*  a  year  from  the  seventh  instant.  If  the  Legislature  of 
New  York  should  think  proper  to  pass  a  similar  Act,  the  Massachusetts 
Delegates  in  Congress,  in  behalf  of  this  Commonwealth  will,  in  conjunc- 
tion with  any  Gentlemen  appointed  on  the  part  of  New  York,  settle  the 
necessary  preliminaries  ;  and  write  to  the  Commissioners  at  Philadel- 
phia, requesting  them  to  appoint  a  time  for  compleating  that  business. 
Upon  information  of  the  time  and  place  of  meeting,  I  shall  notify  the 
Agents  on  our  part  to  give  a  punctual  attendance. 

With  the  most  perfect  regard,  I  have  the  honour  to  be 

Sir, 

Your  Excellency's 
Most  Obedient 
Humble  Servant 

His  Excellency  JAMES  BOWDOIN 

George  Clinton  Esq' 

— [Clinton  Papers  (MS.),  JV.  T.  State  Library,  No.  5832,  vol.  xxi. 


[Joint  Resolutions  passed  by  the  Legislature  of  New  York.] 

February  19,  20,  1787. 

Resolved,  That  in  order  to  prevent  any  uneasiness  which  may  arise  in 
the  minds  of  the  Six  Nations,  from  misrepresentations  of  the  terms  of 
the  mutual  agreement  and  act  of  cession  lately  executed  between  the 
Commissioners  on  the  part  of  this  State,  and  on  the  part  of  the  Com- 
monwealth of  Massachusetts,  relative  to  the  land  within  this  State,  now 
held  and  occupied  by  the  said  Indians,  it  is  necessary  that  the  said 
agreement  and  act  of  cession  be  communicated  and  explained  to  them, 
as  soon  as  may  be. 

Resolved,  That  his  Excellency  the  Governor,  make  such  communica- 
tion and  explanation  in  person,  if  necessary,  or  by  such  other  person  or 
persons  as  he  shall  appoint  for  the  purpose;  and  that  he  transmit  a  copy 
of  these  resolutions  to  the  Executive  of  the  Commonwealth  of  Massa- 
chusetts, and  express  as  the  wish  of  this  Legislature,  that  a  similar  com- 
munication should  also  be  made  on  the  part  of  the  said  Commonwealth, 
at  such  time  and  place,  as  shall  be  agreed  on  between  their  Excellencies 


204  Copies  of  Documents  Relating  to  the 

the  Governor  of  this  State,  and  the  Governor  of  the  Commonwealth  of 

Massachusetts. 

*  *  *  * 

— [If.  Y  Sen.  Journal,  1787,  pp.  33,  35. 

Boston  March  15th  1787 
Sir, 

I  am  honoured  by  your  Excellency's  Letter  of  the  24th  ultimo,  which 
came  to  hand  the  seventh  instant,  accompanied  with  the  Resolutions  of 
the  Legislature  of  the  State  of  New  York,  for  communicating  to  the 
six  Nations  the  mutual  cession  of  lands  between  this  State  and  that. 

I  immediately  by  a  message  transmitted  letter  &  resolutions  to  the 
Legislature  of  this  State:  But  the  pressure  of  other  business,  and  their 
prior  determination  to  close  the  Session  within  that  week,  occasioned 
them  to  refer  the  proposal  of  an  interview  with  those  Indians  to  the 
consideration  of  the  next  General  Court:  which  will  meet  in  the  last 
week  of  May. 

Had  the  Court  thought  proper  at  this  time  to  have  agreed  to  the 
proposal,  and  to  request  my  attendance  upon  the  business,  I  should 
readily  have  undertaken  it:  and  the  more  so,  as  in  the  transacting  of  it, 
I  should  have  had  the  pleasure  and  advantage  of  being  connected  with 
your  Excellency. 

*  *  *  * 

I  have  the  honour  to  be,  with  real  esteem, 
Sir,  Your  Excellency's 

Most  Obedient  Humble  Servant, 
His  Excellency  George  Clinton  Esqf  JAMES  BOWDOIN. 

— [Clinton  Papers  (MS.),  JW.  Y.  State  Library,  No.  5840,  vol.  xxi. 


Boundaries  of  'ihe  State  of  New  York.  205 

1787. 

NOTES  ON  THE  MASSACHUSETTS  LINE  — EAST  BOUNDS  OF 

NEW  YORK. 


Massachusetts  and  New  York  Line. 
By  Simeon  De  Witt. 


1787 

15  July         Ferry  Albany 0..  0..  9 

Moorus  [?] 0..  0..  4 

Kinneys 0..  2..  6 

16   Claverack 0..  3..  9 

Drink 0..  1..  2 


8..  6 

17   Compass  Socket 0..  2..  6 

25  July  rec*  of  Mf  Bancker  for  the  Massachusetts  Line  business  £  178 

In  1773  the  Course  N  21°.  10'.  30'  E 

The  difference  between  the  two  Compasses  20'  added  =  20°.  50'.  30'. 

Variation  since  that  time  2 2 

— 11  July  Set  out  from  New  York  in  Company  with  Mess'11  Rettenhouse 
Ewing  Hutchins  and  Bancker  on  our  way  to  run  the  Line  between  the 
States  of  New  York  &  Massachusetts 

—  13  —  Landed  at  Redhook  and  took  the  Stage  for  Albany  While  the 
other  gentlemen  proceeded  to  the  Oblong 

— 15  —  Left  Albany  on  horseback. 

— 16  —  Arrived  at  Spencers  which  is  about  6  mile  Southerly  from  the 
N-W  Corner  of  the  Oblong  and  found  the  Gentlemen  there  — 
In  the  afternoon  Mr  Edwards  Joined 

17  —  Mess"  Sedgwick  and  Williams  arrived  — 

18  Proceeded  to  the  Corner  of  the  Oblong 

19  MT.  Edwards  and  I  went  and  fixed  a  flag  at  the  Rock  ( Y )  while 
Mr  Sedgwick  fixed  one  at  the  Pine  Tree 

General  Schuyler  arrives 

The  agents  from  Massachusetts  insisted  on  determing  the  variation 
from  1773  by  the  pine  Tree  which  then  pointed  as  they  say  N  20°.  30'. 
30'  E  Which  from  observations  now  made  they  deduce  a  variation  of 
more  than  5'  per  year  to  which  we  object  as  contrary  to  all  experiments 

—  In  consequence  they  propose  to  run  21'  west  of  the  Pine  Tree  and 
use  N  20°  28'.  1787  July  20.  Differing  so  widely  the  Commissioners 
objecting  to  the  accuracy  of  Mr  Banckers  Compass  recommend  to  run 
with  the  allowance  of  a  variation  at  the  rate  of  3'.  05*  per  year  and  to 


206  Copies  of  Documents  Relating  to  the 

divide  the  difference  between  a  great  Circle  and  a  curve  arising  from 
a  supposed  regular  increase  of  Variation  in  proceeding  northward.  We 
propose  to  agree  to  this  proposal  and  by  a  great  circle  to  divide  the 
space  between  a  straight  Line  continued  on  such  a  Course  and  the 
magnetic  Course.  The  proposal  of  the  Massachusetts  correspond  on 
the  same  general  principles.  According  to  these  proposals  the  matter 
stands  thus.   In  the  year  1773  the  magnetic  course  was  N  21°  10'..  33"  E 

3'..  5"  per  year  for  14  &  2  is 43.    41 

The  Course  in  July  1787 20..  26..  49 

The  observation  on  the  Variation  by  Doctor  Williams  1786,,  27  Sept 

h 

3  15'  P  M.  N  W  Corner  of  Williamstown  W  near  the  supposed  N  W 

Corner  of  Massachusetts 5°  52'£ 

1786,  30  Sept.    3,15  P  M  —  N  W  Corner  of  Oblong 5.  03 

Difference  of  Variation 0..  49£ 

July  21.  On  examining  my  Compass  made  by  Benj.  Rittenhouse  we  find 
that  the  Beginning  of  the  Nonius  on  the  North  Limb  is  12'  too  much 
to  the  West  of  consequence  to  Correct  any  Course  between  N  &  E  or 
S  &  W  a  deduction  of  12'  must  be  made  from  the  Expression  of  the 
Instrument  &  vice  versa.  This  day  we  made  observations  on  the 
variation  of  the  needle  in  the  morning  at  about  6  o  Clock  my  compass 
gave  a  Corrected  Variation  of  exactly  5°.  and  increased  gradually  as  the 
heat  of  the  day  increased.  And  at  3  oClock  gave  5°.  23'  Doctor  Wil- 
liam's Variation  Compass  gave  in  the  morning  at  the  same  time  4°.  51' 
and  at  3  o  Clock  5'..  08*==  Diffl  0..  17'  The  difference  in  daily  variation 
between  the  two  Instruments  is  supposed  to  arise  from  the  greater 
influence  of  heat  on  my  Compass  the  needle  of  which  is  proportionately 
less.  Observations  were  continued  till  7  °  Clock  P  M  when  my  Compass 
returned  to  5°..  11'  and  Doctor  William's  to  4°..  56'  — 


Boundaries  of  the  State  of  New  Yore. 


207 


Observations  on  the  Variation  by  Doctor  Williams  Mr  Bancker  & 
myself     21  July  1787  — 

My  Compass 

Corrected 


)r  Williams  Instrument 

b 

Ther 

6 

0-.. 

4*    51'. 

10 

.  .  .  .   76 

4..  57 

11 

....  76 

4..  59 

12 

86 

5..  05£ 

1 

...  83 

5..     6 

3 

....78 

4 

...77 

5..     4 

5 

....  74 

5..     1 

6 

. . . .  72 

4..  57 

7 

68 

4..  56 

10|50..  04 

5..  00^ 

12 


5..     0 


5.. 

33  . 

...  5.. 

21 

5.. 
5.. 

33  . 
33  . 

...  5.. 
...  5.. 

21 
21 

5.. 

30  . 

...  5.. 

18 

5.. 

24  . 

...  5.. 

12 

5.. 

23  . 

...  5.. 

11 

5..   15 

The  Latitude  taken  at  the  N  W  Corner  of  the  Oblong  by  the  Com- 
missioners with  a  small  Quadrant  at  two  Observations  —  42°.  03' 

Latitude  at  Connecticut  River  observed  by  M'  Wright  on  the  North 
bounds  of  Massachusetts  42°..  43'..  59' 

Difference     0°..  41' 
92 


82 

369 

Ch 

3772 

lini 

15°.  26'. 

9.4410222 ' 
3.5765717 

3.0175939 

4 

«C,""6,"or"b."[?] 

9.9840503 

[MS.  doubtful.] 

3.5765717 

[Erased  in  original  MS.,  and 
"     rewritten  with  changes,  as 
below.] 


80 
3913  =  3.5925219'=  3913  Ch' 

48..  73 

83.  miles  &  73  Ch?  the  Length  of  the  Line  from  the  Latitudes  & 
Course  supposing  the  Variation  now  5! 

[The  original  MS.  contains  a  diagram,  consisting  of  sundry  triangles, 
curves  and  courses.] 

1  There  seems  to  be  an  error  in  this  result.  —  [P. 


208  Copies  of  Documents  Relating  to  the 

The  Differenoe  of  Variation  at  the  two  extremes  49'.  30"  to  which 
add  the  inclination  of  the  true  meridians  found —  1 1'..  30"  gives  1°..  01'. 
the  half  of  which  30'..  30"  gives  the  angle  to  the  extreme  point  of  the 
magnetic  curve  §  of  which  i.  e.  20'.  20"  cuts  of  a  space  equivalent  &  § 
of  5'.  45"=  3'..  50"  Cut  of  a  space  equivalent  to  the  Rhumb.  Where- 
fore 20'.  20" — 3'.  50"  =16.  30  =  to  the  angle  comprehending  a  space 
equal  to  that  between  the  Rhumb  &  Magnetic  Curve  one  half  of  which, 
8'.  15" +  5'.  45"=  14'  is  the  angle  required 

The  course  in  1773, N  21"    10'.   30"  E 

Ded  3'.  5"  per  year  for  14£ 43..   41 

20..   26..    49 
Deduct  the  equivalent  angle 14.. 

Magnetic  course  to  be  run N  20..   12..   49    E 

as  Rad 

to  — sine  14'— 7.6098530 

So  is  — 3772       3.5765717 


=  15..  36  =  1.1864247     The  difference  between  a  great  circle  on  the 
Course  agreed  on  in  1773  &  the  one  agreed  on  finally 

These  calculations  are  3'..  40"  different   from   Mr  Rittenhouse's   & 
Ewing's  owing  to  taking  the  distance  different 

y  Cephei      1780 
B  var  in  10  year 


A:R                   11.. 

22° 

36'..   59".9  +  5'..   54".2 

Dec 

76. 

.    24..      7.  0  -f  3..     18.  7 

Pol.  Dist. 

13.. 

35..    53.  0  —  2..    29.     for  7£  years 
-    2..    29 

P.  D  — 

13.. 

,   33..    24.  0     for  July  1787 

Aberr — 

+  14.         for  July  22 

13. 

.   33..    38          Corrected 

Nutation 

—  6 

P.  D  Corrected 

13. 

.   33..    32         [Small  diagram  in  original  MS.] 

as  Sine  Colat.     47°. 

,57' 

—       9. 8707319 

To  S.  Pol.  Dis    13.. 

33. 

32'     9.  3701449 

Qn  in  T}nt\ 

To  Sine               18° 

24'.. 

33'     9..4994130 

The  angle    made  by  y  Cephei  at  its  greatest  elongation  with  the 
Meridian 


Boundaries  of  the  State  of  New  York.  209 

July  21"!  Executed  the  agreement  according  to  the  recommendation 
from  the  Commissioners  —  Mr  Edwards  &  Sedgwick  Leave  us  — 
July  22d  The  Commissioners  Employ  themselves  in  Making  Observations 
on  the  Present  Variation  and  fix  the  Course  on  the  following  principles 
Variation  of  Mr  De  Witt's  Compass* 

H 

at  7  A  M 5?     1 

10,  30'  5.   12 

7PM  5.     9 


5..  7£  Mean 

Same  day  by  Doctor  William's  Var.  Instrument 

7.  10  AM 4..  51 

10.  50 5..    5 

7  . . . .  P  M  5..    0 


4..  58f  Mean 


Mean  by  Mr  De  Witt's  Compass  5*      7^ 

Mean  by  Doctor  Williams's  4..    58$ 

Mean  of  both  adopted 
Var.  for  14.^  2"  at  3'  5'  per  year 

Angle  by  agreement  in  1773 

Angle  of  the  Rhumb  at  present 

Subt.  for  the  Course  of  the  great  Circle  to  divide  the 

Space  between  the  Rhumb   &  a  circle  formed  by  the 

continual  increasing  variation  as  we  proceed 

Angle  of  the  Course  to  be  run 15..    12..      9 

[Another  diagram  in  original  MS.] 

To  find  the  proportion  between  the  triangle  ABC  and  the  Contents 

between  the  Curve  A  B  and  Tangent  A  C The  series  expressing 

the  Contents  of  the  Triangle  ABC  will  be   l-f-3  _j_5-|-7-|-9  <fec 
and  A  E  C  three  times  that  which  is  3  -f  9  -f-  15  -|-  21  -f  27  =  6  x  1  i 

3  +  3-f  6  +  9  +  6  +  15 
14 


5.. 

OS 

o?. 

43'. 

.  41' 

5.. 

46.. 

41 

21.. 

10.. 

30 

15.. 

23.. 

49 

... 

ll- 

40 

J 

210  Copies  of  Documents  Relating  to  the 

The  series  expressing  the  contents  of  the   Curve  will   be  a  eerie* 
compounded  of 

1  4.  3  4-    5-|-    7  4-    9  -f-  11  -f-  13  &c  beginning  at  A  =  A  B  C  &c 
2  4-    6  4-  10  4-  14  +  18  4-  22  =  G  D  B  &c 
2+    6  4-10  4-  14+  18  =  HE  D  &c 
2  -j-    6  4-  10  4-  14 
2-|_    6  -f  10 
2  -f-    6 
2 


14-54-  13  4-  25  -f  41  4-  61  4-  85  =  A6HEC 
4..      8..       12..      16..      20..      24        &c 
4         4         4         4         4  &c 

July  24th  fixed  up  the  Transit  Instrument  on  the  Top  of  Elk  Hill 
made  a  monument  of  a  heap  of  Stones  round  the  Instrument  post  and 
about  40  yards  forward  marked  a  Rock  where  it  descends  steep  to  the 
West  J\[  fixed  a  flag  on  the  view  on  Cedar  Mountain  and  Removed 

NT 
the  Instrument  —  returned   to  Mr.   Spoor's  to  which  we  moved   from 
Close's  in  the  morning  — 

July  23  The  Commissioners  were  employed  in  measuring  off  the  angle 
from  the  Azimuth  of  y  Cephei — Doctor  Ewing  and  I  with  Kline  for  a 
guide  went  to  the  Top  of  Elk  Hill  and  fixed  a  Flag  by  Signals  from  the 
Telescope  When  we  came  to  Raie's  it  showered  very  hard  —  for  the 
next  day  see  above 

[In  margin]  a  Stake  &  Stones  on  Cedar  Hill  by  Klyn  &  young 
Williams 

July  25  Went  to  the  Top  of'  the  Hill  next  to  Cedar  Hill  called  dug- 
way  Hill  marked  on  a  Rock  just  East  of  the  Line  W  and  fixed  a  flagg 
on  the  next  Hill  —  Rained  all  afternoon,  General  Schuyler  left  us  in 
the  Morn 

July  26  Set  up  the  Transit  on  the  next  Hill  round  the  post  a  heap  of 

Stones  18  yd8  forward  marked  a  Rock  ^  y  2  Ch  west  of  a  heap  of  Stones 

of  1773  &  ordered  a  Monument  back  near  the  road  by  Klyne  &  others 
from  a  back  sight 

July  26  Set  up  the  Instrument  on  the  next  High  Hill  called  Gelder 
Mountain  and  some  distance  South  of  it  marked  a  Rock  Y  here  we 
were  fifty  or  forty  yards  East  of  the  old  Line  run  in  1773  Ewing  and 
Edwards  fix  up  a  flag  in  Dan1  Loomis's  Cornfield  —  Moved  our  quarters 
to  David  Ostrom  s  — 

July  27  Fixed  a  flag  in  the  field  on  the  north  side  of  a  Road  from 
Barrington  to  Kinderhook  about  20  or  thirty  Chains  from  it.     The  Line 


Boundaries  of  the  State  of  New  York.  211 

goes  just  East  of  John  Whitten  whom  Mr  Bancker  in  his  notes  calls 
Daniel  Griffith's  house  14™  4!?  Fixed  a  flag  up  near  Grippin's  on  the 
East  side  of  the  Road  in  a  Wheat  field  about  15£  miles —  Mr  Ritten- 
house  brought  the  Instrument  from  Gilder  Mountain  and  fixed  up  here 
Doctor  Ewing  and  Mr  Edwards  fix  the  flag  on  Indian  Mount 

July  28  Moved  to  Shirrils  in  Richmond     Rained  all  day  — 

July  29  Went  to  Stockbridge  ab'  8  miles  S.  E.  Doctor  Ewing 
preached  A  &  P  M.     Lodged  at  Mr  Sedgwicks  — 

July  30  Went  to  the  top  of  Indian  Mountain  fixed  the  Instrument 
19?  5  Ch  by  Banker's  measure  Cut  a  vista  to  See  forward  and  fixed  a 
flag  at  Joseph  Rowley's  about  3  or  4  miles  forward  on  the  East  side  of 
the  Road  by  Doctor  Ewing  and  M'  Edwards  about  15  Ch  East  of  Mes- 
sengers—  on  the  mountain  we  were  about  15  yards  East  of  Banckers 
Vista 

July  31  took  a  ride  with  Capt-  Lovel  to  the  Springs  —  The  Commis- 
sioners fix  a  Station  on  the  High  Hill  at  the  N  W  Corner  of  Richmond 
and  cut  a  Vista 

Aug'  1  Went  with  Mr  Rittenhouse  to  the  top  of  the  Last  mentioned 
hill  Dr  Ewing  fixing  a  flag  beyond  Waddams  Some  distance  north  of 
the  pool  a  Vista.  Went  with  Mr  Edwards  to  Round's  Hill  about  5  or  6 
miles  north  of  the  Pool  and  fixed  a  flagg  —  Lodge  at  the  Pool 

Aug'  2  Moved  to  Gardners  Tr.  post  on  Round  Hill 

....  3  Went  to  the  next  Hill  about  four  mile  forward  cut  a  Vista 
From  Here  We  saw  the  Vistas  on  Round  Hill  Richmond  Hill  and 
Indian  Mountain 

Aug  4  Moved  to  Sloans  where  we  continued  till  the  15'.11  and  com- 
pleted the  Line  to  the  north  bounds  of  Massachusetts  as  shewn  to  us  by 

the  Inhabitants  of  Williams  Town  marked  for  a  Corner  a   large  Oak 

i— ' 
Tree  with  Stones  round  it  on  the  west  side  N  Y  on  the  East  £o  M 

15  We  all  parted  Doctor  Ewing  M'Rittenhouse  Edwards  and  Wil- 
liams went  back  to  Hutch  ins  thence  to  proceed  Homewards  —  I  went 
on  to  Albany  with  the  Instruments 

16  Met  Capt.  Fleming  on  the  Road  and  lodged  with  him  at  Tobias's 
Tavern 

16  Arrived  at  Albany  and  put  the  Instruments  on  board  of  Lansings 
Sloop 

[The  following  memoranda  occur  at  the  end  of  the  above  Meld  Book, 
No.  40:] 

In  May  HIS  The  Course  Agreed  upon  for  the  Line  between  New 
York  &  Massachusets  —  N  21°  10'  30' 

My  Bankers  &  Millers  Compass  differed  40.'  The  mean  by  Mf  Bankers 
Compass  was  taken  at  21°  30'  30/     On  which  Course  they  run 

The  first  proposition  by  N  York  in  1784  was  20°  42',  which  omitting 


212  Copies  of  Documents  Relating  to  the 

seconds  was  28*  in  Eleven  years  This  was  2'  21*  &c  This  was  deduced 
from  Winthrops  observations.  And  found  from  Examining  the  first 
monument  with  the  Compass  but  adding  the  20'  allowed  for  the  differ- 
ence of  the  Compasses  make  48"  in  Eleven  Years  *.  e.  4'  21"  but  this 
differing  too  much  from  Common  observation  shews  some  alteration  in 
the  Instrument  or  in  accuracy  in  the  observations 

Pole  Stars  greatest  elongation  at  Spencer  6  mile  Southerly  from  the 
Corner  of  the  Oblong 

17  July  1787—  8°   15' 

The  bearing  of  the  pole  Star  Lat  42°  2     28 

5"  47 

Supposing  the  difference  of  the  variation  at  the  lower  and  upper  end 

of  the  line  to  be  46' and  the  lenghth  50  mile  or  4000  ch. 

4000  —  3.6020600 

Tang.  23'  —       7.8254604 

Ch. 

26.  76  1.4275204 

Several  diagrams  and   computations  also  occur  in  addition  to  the 
foregoing  memoranda. 

— [Meld  Book  No.  40,  in  JV.  Y.  State  Engineer  and  Surveyor's  Office, 
pp.  1-50. 


Boundaries  of  the  State  of  New  York. 


213 


A  PLAN  OF 

The  Boundary  Line  between  the  States  of  Massachusetts  and  New  York 
beginning  at  the  N.  W.  corner  of  the  oblong  in  or  about  Latitude  42°  3', 
thence  N.  15°.  12'.  9*  E,  to  the  Northern  boundary  of  the  Massachusetts 

in  about  the  Latitude  42°  44'. 

(Signed) 

THO  HUTCHINS. 


This  copy  was  obtained  by  me  from  the  original  at  Washington  when 
I  compiled  the  map  of  the  State  —  at  my  own  Expense 

S.  DeWITT 


At  the  End  of  the  Line  which  is  50  Miles  41  Chains  and  79  Links 
from  the  N.  W.  angle  of  the  Oblong  or  Equivalent  land,  is  a  Red  or 
Black  Oak  Tree  3^  feet  diameter  marked  on  the  West  Side  N.  Y.  on  the 
East  Sid  M.  S.  and  on  the  Side  next  the  Line  1787. 


[North  End  of  Line.] 
A 


[Spring.)  0 

[Miles.] 

60 


49    a 


48    a 


47    a 


46    a 


45    a 


44    A 


48    A. 


The  Head  of  this  Spring  from  its  intersection  with  the 

line  bears  N.  60°  W.  3  chains  50  links 
.  A  Post  and  Stones  on  a  descent  from  which  a  maple 

tree  2  feet  8  inches  diameter  * 
.17th  Transit  Post  on  the  East  Side  of  a  small  Eminence 
.16  Transit  Post  on  the  East  Side  of  a  Small  Eminence 
.A  post  and  Stones  on  the  East  side  of  an  Eminence,  from 

this  Post  a  maple  Tree  10  Inches  diameter  blazed  on 

the  west  Side  bears  N.  85°  E  10  Links,  there  is  a 

Spring  in  the  same  direction  9  links  further. 
.A  Post  near  the  bottom  of  the  north  descent  of  a  Hill 

from  which  a  Birch  tree  3  feet  Diameter  blazed  on  the 

west  Side  bears  N.  58°  E.  30  Links 

.A  Post  on  a  Steep  part  of  the  north  descent  of  a  Hill 
from  which  a  Hemlock  2  feet  thick  blazed  on  the  west 
bears  N.  68°  E  10  Links 
.15  Transit  Post  on  the  east  Side  of  a  gradual  eminence 
.A  Post  and  Stones  on  the  west  side  of  a  steep  High 
Eminence 


.A  Post  and  Stones  at  the  South  foot  of  an  Eminence 
from  which  a  maple  Tree  2  feet  diameter  blazed  on 
the  west  side  bears  east  4  links. 

.A  Stake  and  Stones  on  the  East  side  of  an  eminence 
.14  Transit  Post  on  the  top  of  a  Hill  supported  by  large 
Stones 

.A  Stake  and  Stones  on  the  west  side  of  an  eminence 
from  which  a  Beech  tree  8  Diameter  blazed  on  the 
west  side  bears  S.  17°.  E 


•  (Note  by  the  copyist :  this  seems  to  be  incompletely  expressed.) 


214 


Lebanon  Spring 


Presbjterian  church 


Shaking  Quaker's 
meeting  House 


Copies  of  Documents  R elating  to  the 

[42]   a 

. .  .Thirteenth  Transit  Post  on  the  East  side  of  an  eminence 


41    a A  Beech  Tree  9  inches  diameter  marked  41  &  an  m 

above  it  on  the  north  side,  two  links  west  of  the  line 
, .  .Twelfth  Transit  Post  on  mount  misery 

40  a  ....  A  Post  on  the  East  side  of  an  Eminence  the  foot  of 
which  is  about  5  chains  east  a  Beech  tree  20  inches 
diameter  blazed  on  the  east  side  bears  n.  45°  w.  16 
links  from  the  Post. 

89    a A  Stake  and  Stones  in  William  Keetch's  field. 


[88]  a  ...  .A  Stake  and  Stones  on  the  South  Side  of  a  high  Steep 
Eminence  in  Thomas  Eldredge's  Field 
. .  .Eleventh  Transit  Post  on  Round's  mountain 

87    a Stake  and  Stones  in  the  vista  cut  by  the  Commissioners 


A  ...  .A  Stake  Stones  in  Daniel  Brown's  field 

A  white  Lime  Stone  rock  on  the  east  side  of  an  eminence 
86    a A  Post 


84    a Post  on  the  west  side  of  a  Hill 

[Post  and  Stones 
. .  .South  East  angle  of  Van  RenseJaer's  manor,  here  fixed  a 
33    a A  Post  and  Stones 

Noah  Wheaton's. 
A  Fence  in  the  woods 
32    a    . .  .A  Post  and  Stones 

. .  .Tenth  Transit  Post  on  the  top  of  a  Hill 

John  Waddam's  House  &  orchard 
31    a    . . .  A  Post  and  Stones  on  top  of  an  ascent  in  a  field 
Samuel  Hand's 


30    a A  Stake  and  Stones  on  a  High  eminence 

A  Barn 


.A  Stake  and  Stones  on  the  S.  W.  descent  of  a  Hill 


28    A  ...  .A  Stake  on  the  north  descent  of  a  Hill 


27    a  . . . .  Ninth  Transit  Post  on  Richmond  mountain 


Boundaries  of  the  State  of  New  York. 
26  a 


215 


25    a 


.  .A  Stake  &  Stones  in  a  Field 

.  .A  Dry  oak  Stump  in  the  Line 

.  .Dupee's  Barn  [the  line 

.  .A  maple  tree  15  inches  diameter  with  the  east  side  in 

.  .A  chesnut  Post  on  level  land  covered  with  woods 


A  mirey  place. 
24   a A  Stake  and  Stones  at  the  east  foot  of  an  ascent 


Eighth  Transit  Post  in  Joseph  Rowley's  field 

23    a A  Stake  and  Stones  in  Joseph  Rowley's  field 

A  Barn  40  links  east  of  the  Line 


22    a    ...  A  Stake  and  stones  on  the  west  side  of  a  Hill 


21    A   . .  .A  Stake  and  Stones  in  a  meadow 


Sam1  Hartlewis's  Hills  Dale 
20   A A  Stake  and  Stones  in  Benjamin  Newberrie's  field 


.  .Seventh  Transit  on  Indian  Mountain 
19    X  ...  .A  Stake  and  Stones  on  the  top  of  the  steepest  part  of  an 
ascent 


18    a A  Stake  and  Stones  on  the  side  of  a  Hill 

. .  A  Stake  and  Stones  in  Daniel  Trimmonds  field. 
17    a A  Stake  and  Stones 


16    a A  Stake  &  Stones 

.  .Sixth  Transit  Post 
15    a  . . .  .Stake  and  Stones  in  Crippens  field 


Stake  and  Stones  in  Winner's  Field 
=The  New  Albany  Road 


14    A 


18   a 


12   A... 

=01d  Albany  Road 
11    A  ... .  A  pond 


216 


Copies  of  Documents  Relating  to  the 


10     A.... 


N.  E.  corner  of 

Livingston's  manor.  .  .  . 


9     A 


8     A 


7     A 


:Road  from  Sheffield  to  Hudson 


.Fifth  Transit  Post 


Fourth  Transit  Post 

Dug  Way  Hill 
6 

Third  Transit  Post 

K 

Cedar  Mountain 

5 

BathMhpiM  (Creek]. 

k .... 

Mill 

Fork  of  Besheshpiss1 

4     A.... 


3     A 


2      A 


. .  .Second  Transit  Post 
Rock 
Finkays  Close. 


Elk  Hill 


Pine  Tree  Stump. 


fuel  off  j  an  sen 

Kill 
Vortie  Bergh  o 

North  Hill 


1    A 


£          I  [Oblong. 

Var.  5°  3'  W.    a The  First  Transit  point  at  the  north  west  Angle  of  the 

— [Map  [on  roller]  No.  168,  N\  Y.  State  JEkg.  and  Surveyor's  office.* 


[Governor  Clinton  to  the  Legislature.] 

Poughkeepsie,  11th  Jan,  1788. 
Gentlemen  of  the  Senate  and  Assembly, 

*  *  *  * 

It  gives  me  great  pleasure  to  inform  *  you  that  the  jurisdiction  line 
between  the  Commonwealth  of  Massachusetts  and  this  State,  which  has 
been  so  long  a  subject  of  controversy,  and  attended  with  much  inconveni- 
ence and  distress  to  the  borderers,  is  at  length  finally  adjusted;  and  that 
the  boundary  line  between  this  State  and  the  Commonwealth  of  Penn- 
sylvania,   is    also   compleated.     The    reports    of    the   Commissioners 

1  This  seems  to  be  the  modern  "  Bashbish." 

2  This  Map,  in  addition  to  the  matter  represented  as  above,  indicates,  by  topo- 
graphical signs,  the  prominent  features  of  the  country  along  the  line. — [P. 


Boundaries  of  the  State  of  New  York.  217 

employed  in  these  respective  transactions,  accompanied  with  Maps  of 

the  Lines  will  be  delivered  to  you  in  order  that  the  proper  directions 

may  be  given  for  their  authentication  and  deposit,  and  for  the  final 

liquidation  and  settlement  of  the  expences  which  have  attended  these 

services. 

*  *  *  * 

GEORGE  CLINTON. 

[In  N.  Y.  Senate.] 
Ordered,  That  his  Excellency's  Speech,  with  the  papers  accompany- 
ing the  same,  be  committed  to  a  committee  of  the  whole. 

*  *  *  * 

— [Nl  Y.  Sen.  Journal,  11th  Session,  1788,  p.  4. 


January  12,  1788, 

*  *  *  * 

Mr.  Haring,  from  the  committee  of  the  whole,  to  whom  was  referred 
his  Excellency's  Speech,  with  the  papers  accompanying  the  same, 
reported,  that  it  was  the  opinion  of  the  committee,  that  a  committee  be 
appointed  on  the  part  of  the  Senate,  to  join  with  such  committee  as  the 
Honorable  the  Assembly  may  appoint,  to  attend  to  the  authentication 
of,  and  to  deposit  in  the  office  of  the  Secretary  of  this  State,  the  reports 
and  proceedings  of  the  several  boards  of  Commissioners,  appointed  to 
adjust  and  run  out  the  boundary  and  jurisdiction  lines  between  this 
State  and  the  Commonwealth  of  Massachusetts,  and  between  this  State 
and  the  Commonwealth  of  Pennsylvania. 

*  *  *  * 
Resolved,  (If  the  Honorable  the  Assembly  concur  herein)  that  a  com- 
mittee be  appointed  on  the  part  of  the  Senate,  to  join  with  such  com- 
mittee as  the  Honorable  the  Assembly  may  appoint,  to  attend  to  the 
authentication  of,  and  to  deposit  in  the  office  of  the  Secretary  of  this 
State,  the  reports  and  proceedings  of  the  several  boards  of  Commission- 
ers, appointed  to  adjust  and  run  out  the  boundary  and  jurisdiction  lines 
between  this  State  and  the  Commonwealth  of  Massachusetts,  and 
between  this  State  and  the  Commonwealth  of  Pennsylvania;  and  that 
in  case  of  such  concurrence,  Mr.  Haring  and  Vanderbilt,  be  a  committee 
for  this  purpose  on  the  part  of  the  Senate. 

*  *  *  * 

January  14,  1788. 
*  *  *  * 

A  message  from  the  Honorable  the  Assembly,  by  Mr.  Wynant,  was 
received  with  a  resolution,  concurring  with  the  Senate  in  their  resolution 


218  Copies  of  Documents  Relating  to  the 

of  the  12th  instant,  *  *  and  appointing  Mr.  Tillotson,  Mr.  Verplanck 
and  Mr.  Jones,  a  committee  for  the  purpose,  on  the  part  of  that  Honor- 
able House. 


January  26,  1788. 
* 

The  answer  of  the  Senate  to  his  Excellency's  Speech  [of  the  11th 

inst.] 

*  *  *  * 

SIR, 

We  contemplate  with  real  pleasure  the  advantages  which  must 
necessarily  result  from  a  final  adjustment  of  the  jurisdiction  lines 
between  this  State  and  the  Commonwealths  of  Massachusetts  and 
Pennsylvania.  Measures  have  already  been  adopted  for  the  authentica- 
tion and  deposit  of  the  reports  and  proceedings  of  the  Commissioners 
who  have  been  engaged  in  that  important  transaction,  and  provision 
will  be  made  for  liquidating  and  discharging  the  expences  which  have 
accrued  in  those  services. 

*  *  *  * 

— [Senate  Journal,  I lth  Sess.,  1788,  pp.  5,  6,  7,  15. 


[In  N.  Y.  Assembly.] 

January  26,  1788. 

*  *  *  * 

The  respectful  address  of  the  Assembly,  in  answer  to  his  Excellency's 
speech  [of  the  11th  inst.] 

*  *  *  * 

With  peculiar  pleasure  we  receive  from  your  Excellency,  the  informa- 
tion that  the  several  boundary  lines  between  this  State,  and  the 
respective  Commonwealths  of  Massachusetts  and  Pennsylvania,  are 
finally  adjusted  and  compleated.  The  communities  interested,  are  now 
wholly  relieved  from  apprehensions  of  the  evils  incident  to  controverted 
territory  or  jurisdiction  :  And  we  shall  make  the  requisite  provisions 
for  authenticating  and  preserving  the  reports  of  the  Commissioners, 
and  other  documents  of  these  transactions,  and  for  defraying  whatever 
expences  may  have  arisen  in  these  beneficial  services. 

*  *  *  * 

— [Assem.  Journal,  11th  Session,  1788,  p.  41. 


Boundaries  of  the  State  of  New  York.  219 

[In  U.  S.  Congress.] 

February  1,  1788. 
*  *  *  * 

The  commissioners  appointed  on  the  2d  December,  1785,  to  run  a  line 
of  jurisdiction  between  the  states  of  Massachusetts  and  New- York, 
reported  that  they  have  executed  that  business,  accompanying  their 
report  with  a  draft  of  the  line  run,  and  their  field  notes.1 

— [Journals  of  Congress,  iv,  807. 


THE  "BOSTON  CORNER." 


[Commonwealth  of  Massachusetts.  1853.] 

Chap.  340  An  Act  relating  to  the  Separation  of  the  District  of  Boston 

Corner  from  this  Commonwealth,  and  the  cession  of  the  same  to  the 

State  of  New  York. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows : 

Sect.  1.  Sovereignty  and  jurisdiction  over  that  portion  of  the  terri- 
tory of  this  commonwealth,  known  as  the  District  of  Boston  Corner, — 
situate  in  the  south-westerly  corner  of  this  commonwealth,  and  westerly 
of  the  south-west  line  of  the  town  of  Mount  Washington,  in  the  county 
of  Berkshire, —  is  hereby  ceded  to  the  State  of  New  York;  with  all 
the  powers,  privileges,  rights  and  jurisdiction,  now  exercised  over  the 
same  by  this  commonwealth;  subject,  however,  to  the  provisions  here- 
inafter expressed;  and  provided,  this  act  shall  not  take  effect  nntil  the 
congress  of  the  United  States  shall  consent  to  such  cession  and  annexa- 
tion, and  until  the  State  of  New  York  shall,  by  an  act  for  that  pur- 
pose, accept  the  jurisdiction  of  the  territory  hereby  proposed  to  be 
transferred,  *  *  *  * 

Sect.  2.  For  the  better  defining  the  limits  and  extent  of  the  territory 
above  mentioned,  his  excellency,  the  governor  of  this  commonwealth, 
shall   appoint   a   suitable   person   to  act   in   conjunction    with   proper 

1  After  much  search  in  the  office  of  the  N.  Y.  Secretary  of  State,  no  record  appears 
of  the  final  reports  and  proceedings  relative  to  the  Massachusetts  line,  mentioned  in 
the  foregoing  joint  resolution  of  January  12,  1788.  As  the  U.  S.  Commissioners 
who  established  the  Massachusetts  line  were  to  "make  a  true  and  exact  return  into 
the  Secretary's  office  of  the  United  States  in  Congress  assembled,"  application  has 
been  made  to  the  Department  of  State,  at  Washington,  —  to  which  it  is  presumed 
the  official  records  of  Congress  at  that  period  were  subsequently  transferred, — for 
a  copy  of  such  "  return;"  but  up  to  the  time  of  printing  these  pages,  no  response  to 
the  application  has  been  received. — [P. 

For  Assist.  Sec'y  Hunter's  subsequent  answer  (Nov.  16,  1878),  see  Appendix.— [P. 


220  Copies  of  Documents  Relating  to  the 

authorities  of  the  State  of  New  York,  who  shall  forthwith  cause  an 
accurate  survey  and  map  to  be  made  of  the  said  territory,  and  shall 
cause  sufficient  monuments  to  be  erected  in  and  along  the  eastern 
boundary  line  of  said  territory,  and  shall  cause  the  said  map  and  sur- 
vey to  be  duly  authenticated  and  filed  in  the  office  of  the  secretary  of 
this  commonwealth,  as  record  evidence  of  the  extent  and  limits  of  said 
grant.  But  no  part  of  the  expense  of  such  survey  shall  be  borne  by 
this  commonwealth. 

Sect.  3.  Whenever  the  governor  of  this  commonwealth  for  the  time 
being,  shall  receive  official  notice  of  such  consent  of  the  congress  of  the 
United  States,  and  the  acceptance  of  the  cession  aforesaid  by  the  legis- 
lature of  the  State  of  New  York,  he  shall  issue  a  pi'oclamation  declar- 
ing the  said  district  of  Boston  Corner  to  be  a  part  of  the  State  of  New 
York.     [Approved  by  the  Governor,  May  14,  1853.] 

—  [Mass.  Acts  and  Resolves,  1853,  p.  564. 


[State  or  New  York.] 
Chap.  586. 
AN  ACT  accepting  the  Sovereignty  and  jurisdiction   over  a  certain 
portion  of  territory  of  the  commonwealth  of  Massachusetts,  ceded  to 
the  State  of  New  -  York  upon  certain  conditions  by  said  commonwealth 

in  1853. 

Passed  July  21,  1853. 

[For  the  text  of  the  act  bearing  title  as  above,  see  vol.  i,  part  i,  of 
this  Report  on  Boundaries  (Sen.  Doc,  1873,  No.  108),  pp.  239,  240.] 


[Commission.] 

The  People  of  the  State  of  New  York, 

By  the  grace  of  God  free  and  independent. 

To  all  to  Whom  these  Presents  shall  Come,  Greeting: 
Know  ye,  That  we  have  nominated,  constituted  and  appointed,  and  by 
these  presents  do  nominate,  constitute  and  appoint  Russell  G.  Dorr,  of 
Hillsdale,  in  our  county  of  Columbia,  a  Commissioner  on  the  part  of  this 
State,  to  carry  out  the  provisions  of  an  act  passed  July  21,  1853,  entitled 
"An  Act  accepting  the  sovereignty  and  jurisdiction  over  a  certain  por- 
tion of  territory  of  the  Commonwealth  of  Massachusetts,  ceded  to  the 
State  of  New  York  upon  certain  conditions  by  said  Commonwealth  in 
1853,"  hereby  giving  and  granting  unto  him  all  and  singular  the  powers 
and  authorities  to  the  said  office  by  law  belonging  or  appertaining: 
To  Have  and  to  Hold  the  said  office,  together  with  the  fees,  profits  and 


Boundaries  of  the  State  of  New  York.  221 

advantages  to  the  same  belonging,  for  and  during  the  time  limited  by 
the  Constitution  and  Laws  of  our  said  State. 

In  Testimony  Whereof,  We  have  caused  these  our  Letters  to  be 

made  Patent,  and  the  Great  Seal  of  our  said  State  to  be  hereunto 

l.  s.      affixed.      Witness,  Horatio  Seymour,  Governor  of  our  said  State, 

at  our  City  of  Albany,  the  eleventh  day  of  August,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  fifty-three. 

HORATIO  SEYMOUR. 
Attested  by 

Henry  S.  Randall,  Secretary  of  State. 

— [Commissions  by  the  Governor,  in  Office  of  Sec'y  of  State,  ii,  339. 


[Records  upon  "A  Map  of  a  Survey  of  Boston  Corner."] 

1853. 

Made  under  the  direction  of  John  Z.  Goodrich  and  Russell  G.  Doit 
Commissioners  appointed  by  the  States  of  Massachusetts  and  New 
York  respectively.  And  the  said  Commissioners  hereby  Certify  to  its 
correctness,  and  to  the  establishment  of  the  lines  as  therein  designated 

J.  Z.  GOODRICH  of  Mass 
R.  G.  DORR  of  New  York 

Beginning  at  a  heap  of  stones  piled  about  4  feet  high  and  about  5  feet 
in  diameter  at  the  base  lying  in  a  small  valley  at  the  westei-n  foot  of 
one  of  the  highest  peaks  of  the  Taconic  mountains  and  N  Westerly 
from  two  fish  lakes  lying  in  a  greater  valley  in  Salisbury  (known  as  the 
Connecticut  monument)  standing  in  the  South  Boundary  line  of  Massa- 
chusetts and  the  north  west  corner  of  Connecticut  and  north  east  corner 
of  Dutchess  county,  which  monument  was  established  by  Commissioners 
in  1731 — Run  thence  along  the  south  bounds  of  Massachusetts  in  a 
direct  line  to  the  North  West  corner  of  the  "Oblong"  or  "Equivalent 
Lands"  and  monument  established  by  U.  S.  Commissioners  in  1181,  and 
at  which  stands  a  marble  post.  At  the  distance  of  0.87  passed  over 
the  Eastern  Edge  of  a  small  ledge,  dist  9.10.  passed  centre  of  Ryan 
Bush  Road,  dist  16.83  passed  0.40  links  south  of  a  small  knob  or  ledge 
at  the  foot  of  the  eastern  slope  of  Western  mt  Dist  25.60  came  to 
eastern  water  edge  of  a  small  pond  near  the  top  of  the  West  mt  Dis 
26.25  to  Western  Water  Edge  passing  it  near  the  N.  end,  Dis  29.92 
passed  through  a  cleft  in  a  boulder  lying  on  the  top  of  the  Mt  about  5 
feet  high.  Dis.  30.51  reached  the  extreme  heighth  of  the  Western  Range, 
took  observation  and  found  this  line  to  range  by  the  magnetic  needle  N 


222  Copies  of  Documents  Relating  to  the 

81°.  44'.  56*  W.  At  this  point  caused  to  be  placed  in  the  rock  at  a 
permanent  depth  an  iron  bar  about  l£  inches  in  diameter  and  one  foot 
long.  Iron  pin  on  the  Alandar  Mt  hereinafter  referred  to  bears  N  7°.  58'. 
56'  W.  At  the  distance  of  40  chains  or  "  One  hundred  and  Sixty  Rods" 
established  the  S.  E.  corner  of  Boston  corner  and  placed  a  marble  post 
marked  on  the  S  &  W  sides  "NY"  on  the  E  side  "MS"  and  on  the 
N  side  "1853."  Thence  to  the  eastern  line  of  New  York  in  the 
direction  of  "the  Grant  line"  by  the  true  meridian  N  12°.  57'.  16"  W 
207.49.1  On  this  line  Dist  199.98  reached  the  brow  of  the  Alander  Mt 
at  the  centre  Knob  and  at  the  head  of  "  Blancher  Hollow  "  having  the 
appearance  from  the  South  of  a  fortress  and  which  from  that  circum- 
stance has  been  named  "Fort  Division."  Dist  200.19  on  the  top  of  the 
mountain  caused  to  be  placed  an  iron  pin  similar  to  the  one  before 
described.  At  the  State  line  placed  a  marble  Post  marked  on  the  East 
side  "MS"  on  the  west  side  "N.  Y  "  and  on  the  south  side  "  1853.' 
No  certain  Boundary  is  known  on  this  line  nearer  than  the  one  upon 
the  brow  of  Cedar  mountain  erected  by  the  U  S.  commissioners  in  1787 
about  2^  miles  northerly.  This  point  in  the  State  line  was  determined 
by  running  a  direct  line  from  that  Monument  to  the  one  at  the  North 
West  corner  of  the  "  Oblong  "  and  South  West  corner  of  Massachu- 
setts. Dist  in  the  East  line  93.60  southerly  from  this  point  at  the 
"  Roberts  Road  "  placed  a  Marble  post  marked  on  the  East  side  "  MS  " 
on  the  West  " N  Y "  and  on  the  south  "JT  H "  thence  on  the  old 
state  line  to  N  W  corner  of  "oblong"  S  15°  12'  09*  W  207.98*.  Dist 
127.85  came  to  stone  wall  over  the  brook  known  as  "  Roberts  Run  "  on 
the  west  side  of  road  at  the  foot  of  the  Mt.  This  point  is  the  angle  of 
fence  and  on  line  of  fence  in  improved  fields  and  known  as  the  line 
since  run  in  1787  Thence  to  the  place  of  beginning  S  89°.  08'.  41"  E 
101.06  to  the  Marble  Post  at  S.  E  angle.  Dist  62.00  came  to  the  foot  of 
the  Mt  At  the  N  W  corner  of  the  "Oblong"  the  Magnetic  needle 
indicated  the  West  line  at  N  22°.  51'.  09"  E.  and  the  South  line  at  S. 
81°.  29'.  41*  E.  The  needle  varies  much  at  different  points  on  the 
survey  occasioned  probably  by  large  deposites  of  Iron  ore  in  and  along 
the  sides  of  the  mountain.  —  The  same  line  run  by  the  needle  will  be  run  in 
as  many  directions  as  the  places  selected  for  the  location  of  the  Com- 
pass. The  angles  in  the  above  survey  were  taken  with  a  Theodolite, 
and  the  variation  given  in  the  map  is  the  one  ascertained  at  the  N  W 
corner  of  the  "  Oblong. " 

1  This  course  and  distance  is  the  new  portion  of  the  State  boundary  line,  as  estab- 
lished in  connection  with  the  cession  of  the  Boston  Corner.  The  point  of  intersec- 
tion of  this  line  with  the  original  one  of  1788,  seems  to  be  near  the  site  of  the  second 
transit  p«st,  shown  in  the  foregoing  "Plan  of  the  Line,"  p.  216,  being  207.98s 
chains,  or  a  little  more  than  <H  miles  from  the  south  end  of  the  original  line. — [P. 


Boundaries  of  the  State  of  New  York.  223 

The  measurements  given  are  horizontal  and  those  of  the  boundary- 
lines  were  ascertained  by  careful  angulation. 

N  B.  The  South  line  of  survey  and  North  line  of  Dutchess  County 

is  North   of  West  and  not  South  as  recited  in  the  "NY  Statutes." 

The  East  State  line  is  given  in  the  same  Statute  as  the  needle  pointed 

in  1787,  whereas  it  was  given  by  the  Commissioners  according  to  the 

true   Meridian.     The  survey  of  1731  was  doubtless  affected  by  local 

attraction,  and  as  no  place  was  given  at  which  the  compass  was  placed, 

it  is  impossible  to  run  the  line  except  by  the  monuments  then  established 

Dec  20th  1853 

JNR  T  HOGEBOOM 

Surveyor. 
Filed  Nov.  29,  1854. 
E.  W.  LEAVENWORTH 

Secretary  of  State 
Area  1018.  134028  acres. 
[Size  of  Map,  30  x  35  inches.     No  scale  given.] 
—[Portfolio  Map  No.  376,  in  office  of  K  Y  Sec'y  of  State. 


[In  U.  S.  Congress.] 

January  3,  1855. 
Whereas,  *  *  *  * 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  consent  of 
the  Congress  of  the  United  States  be,  and  the  same  is  hereby,  given  to 
said  cession  and  annexation. 

—  [  U.  S.  Statutes  at  Large,  x,  602. 


The  concluding  formality  in  the  cession  of  the  Boston  Corner,  was 
the  proclamation  by  the  Governor  of  Massachusetts,  required  by  the 
statutes  of  both  States,  which  was  made  January  11,  1855,  as  ascer- 
tained by  reference  to  the  records  in  the  office  of  the  Secretary  of  the 
Commonwealth  of  Massachusetts. 


224  Copies  of  Documents  Relating  to  the 

The  STATE  OF  NEW  YORK,  In  Account  Current  with  GERARD 
BANCKER,  Treasurer. 

Dr. 

*  *                             *  * 

1785.  To  cash,  paid  the  Commissioners  for  managing  "|  £     s     $ 

the  Massachusetts  controversy,   respecting  the  >  880  10     6 
Western  territory                                                    J 

1786.  To  ditto,  paid  [as  above]  772  10     8 

*  *                              *  * 

To  ditto,  to  the  Pennsylvania  line  Commissioners       1,000     0     0 

*  *                              *  * 

To  ditto,  to  the  Pennsylvania  line  Commissioners,  924     8     1 


* 


To  ditto,  to  the  Commissioners  for  running  the  ) 
Massachusetts  line,  f 

— [Assembly  Journal,  11th  session,  1788,  pp.  18,  20,  22. 


500     0     0 


1788.  To  Commissioners  for  running  the  Pennsylvania 

line,  £2,111  18     6 

Commissioners    for   running    the    Massachusetts 

line,  275  10 

— [Idem,  12th  session,  1788-9,  p.  56. 

1789.  Paid  Commissioners   for   managing  the   contro- 

versy    with     Massachusetts,    respecting    the 

western  territory,  £1,857  16  10 

— [Idem,  13th  session,  2d  meeting,  1790,  p.  8. 


Chap.  539. 

t 
AN  ACT  to  provide  for  certain  Expenses  of  Government. 

Passed  April  14,  1856. 

*  *  #  * 

§  1.  The  treasurer  shall  pay    *  *  * 

*  *  *  * 

To  Russell  G.  Dorr,  for  his  services,  expenses,  and  disbursements,  as 
commissioner  of  this  State,  pursuant  to  section  three,  chapter  five 
hundred  and  eighty-six,  laws  of  eighteen  hundred  and  fifty-three,  relating 
to  Boston  Corners,  seven  hundred  and  ninety-six  dollars  and  eighty 

cents. 

*  *  *  * 

— [N.  Y.  Laws,  1855,  p.  1015. 


Boundaries  of  the  State  of  New  York.  225 


DETERMINATION  OF  THE  NEW  YORK  AND  CONNECTICUT 
JOINT  BOUNDARY  LINE. 


ARTICLES  OF  AGREEMENT 

Made  and  concluded  at  Hartford,  upon  Conecticott,  Sept.  19,  1650, 
betwixt  the  delegates  of  the  Honored  Commissioners  of  the  United 
English  Colonies,  and  the  delegates  of  Peter  Stuyvesant,  Governor- 
general  of  New  Netherland. 

*  *  *  * 
Concerning   the  Bounds   and   Limits   betwixt   the   English   United 

Colonies  and  the  Dutch  Province  of  New  Netherland,  We  agree  and 
determine  as  followeth  : — 

Firstly,  That  upon  Long  Island  a  line  run  from  the  westernmost  part 
of  Oyster  Bay,  so,  and  in  a  straight  and  direct  line,  to  the  sea,  shall  be 
the  bounds  betwixt  the  English  and  Dutch  there;  the  easterly  part  to 
belong  to  the  English,  the  westernmost  part  to  the  Dutch. 

Secondly,  The  bounds  upon  the  main  to  begin  at  the  west  side  of 
Greenwich  Bay,  being  about  four  miles  from  Stamford,  and  so  to  run  a 
northerly  line  twenty  miles  up  into  the  country,  and  after  as  it  shall  be 
agreed  by  the  two  governments,  of  the  Dutch  and  of  New  Haven,  pro- 
vided the  said  line  come  not  within  ten  miles  of  Hudson  River;  and  it 
is  agreed  that  the  Dutch  shall  not  at  any  time  hereafter  build  any 
house  or  habitation  within  six  miles  of  the  said  line.  The  inhabitants 
of  Greenwich  to  remain,  till  further  consideration  thereof  be  had,  under 
the  government  of  the  Dutch. 

Thirdly,  That  the  Dutch  shall  hold  and  enjoy  all  the  lands  in  Hart- 
ford that  they  are  actually  possessed  of,  known  or  set  out  by  certain 
marks  and  bounds,  and  all  the  remainder  of  the  said  land  on  both  sides 
Conecticott  River  to  be  and  remain  to  the  English  there. 

And  it  is  agreed  that  the  aforesaid  bounds  and  limits,  both  upon  the 
Island  and  Main,  shall  be  observed  and  kept  inviolate  both  by  the 
English  of  the  United  Colonies,  and  all  the  nation,  without  any 
encroachment  or  molestation,  until  a  full  and  final  determination  be 
agreed  upon  in  Europe,  by  the  mutual  consent  of  the  two  States  of 
England  and  Holland. 

*  ♦  *  # 

15 


226  Copies  of  Documents  Relating  to  the 

And  in  testimony  of  our  joynt  consent  to  the  several  foregoing  con- 
clusions, we  have  hereunto  set  our  hands  this  19th  day  of  September, 
Anno  Dom.  1650.1 

Symon  Bradstreet,         Thomas  Willett, 
Thomas  Prince,  George  Baxter. 

— [0'  Callaghan's  New  Netherlands  ii,  151,  153. 


[Select  Men  to  Mr.  Van  der  Donck.] 

November  26,  1650. 
*         *         Instead  of  Dutchmen  the  Governor  of  New  Netherland 
named  Mr.  Willet  and  George  Baxter,  two  Englishmen.         *        * 
— [N  Y  Col.  Doc,  i,  460. 


The  Charter  granted  to  the  Colony  of  Connecticut,  by  King  Chari.es 
II.,  in  the  Fourteenth  Year  of  his  Reign. 

CHARLES  the  Second,  by  the  grace  of  God,  &c. 

And  know  ye  further,  that  we,  of  our  more  abundant  grace,  certain 
knowledge,  and  mere  motion,  have  given,  granted  and  confirmed,  and 
by  these  presents,  for  us,  our  heirs  and  successors,  do  give,  grant  and 
confirm,  unto  the  said  governor  and  company,  and  their  successors,  all 
that  part  of  our  dominions  in  New-England  in  America,  bounded  on 
the  East  by  the  Narrogancett  River,  commonly  called  Narrogancett 
Bay,  where  the  said  river  falleth  into  the  sea,  and  on  the  North 
by  the  line  of  the  Massachusetts  plantation,  and  on  the  South  by  the 
sea,  and  in  longitude,  as  the  line  of  the  Massachusets  colony  running 
from  East  to  West,  (that  is  to  say)  from  the  said  Narrogancett  Bay,  on 
the  East,  to  the  South  Sea,  on  the  West  part,  with  the  islands  thereunto 
adjoining,  together  with  all  the  firm  lands,  soils,  grounds,  havens, 
ports,  rivers,  waters,  fishings,  mines,  minerals,  precious  stones,  quarries, 
and  all  and  singular  commodities,  jurisdictions,  royalties,  privileges, 
franchises,  preeminencies,  and  hereditaments  whatsoever,  within  the 
said  tract,  bounds,  lands,  and  islands  aforesaid,  or  to  them,  or  any  of 
them  belonging.  To  have  and  to  hold  the  same,  unto  the  said  governor 
and  company,  their  successor,  and  assigns,  for  ever,  upon  trust,  and  for 
the  use  and  benefit  of  themselves,  and  their  associates,  freemen  of  the 

1  In  April  and  September,  1655,  five  years  after  the  conclusion  of  the  Hartford 
treaty,  the  Directors  express  their  surprise,  that  they  had  never  been  furnished 
with  a  copy  of  that  document,  and  their  apprehensions  that  discussions  only  had 
passed  instead  of  a  contract.     Alb.  Rec. ,  iv,  177,  198. 
— [<yCall.  N.  Neth.,  ii,  156. 


Boundaries  of  the  State  of  New  York.  227 

said  colony,  their  heirs  and  assigns ;  to  be  holden  of  us,  our  heirs  and  suc- 
cessors, as  of  our  manor  of  East  Greenwich,  in  free  and  common 
soccage,  and  not  in  capite,  nor  by  knights  service  ;  Yielding  and  paying 
therefore  to  us,  our  heirs  and  successors,  only  the  fifth  part  of  all  the 
ore  of  gold  and  silver,  which  from  time  to  time  and  all  times  hereafter, 
shall  be  there  gotten,  had  or  obtained,  in  lieu  of  all  services,  duties  and 
demands  whatsoever,  to  be  to  us,  our  heirs  or  successors,  therefore  or 
thereout  rendered,  made,  or  paid.  And  lastly,  we  do  for  us,  our  heirs 
and  successors,  grant  to  the  said  governor  and  company,  and  their  suc- 
cessors, by  these  presents,  that  these  our  letters  patents  shall  be  firm, 
good,  and  effectual  in  the  law,  to  all  intents,  constructions  and  purposes 
whatsoever,  according  to  our  true  intent  and  meaning  herein  before 
declared,  as  shall  be  construed,  reputed,  and  adjudged  most  favourable 
on  the  behalf,  and  for  the  best  benefit  and  behoof  of  the  said  governor 
and  company,  and  their  successors,  although  express  mention,  &c.  In 
witness,  &c.  Witness  the  King,  at  Westminster,  the  three  and  twentieth 
day  of  April,  [1662]. 

Per  Breve  de  Privato  Sigillo. 
—  [iMcas*  Amer.  Charters,  pp.  47,  54. 


[In  Conn.  General  Assembly.] 

May  12,  1664. 

*  *  *  * 

Whereas  his  Majesty  hath  been  graciously  pleased  to  confirm  unto 
this  Colony,  by  Charter,  all  that  part  of  his  dominions  in  New  England 
bounded  as  in  the  said  Charter  is  expressed,  with  the  Islands  adjoining, 
This  Court  doth  declare,  that  they  claim  Long  Island  for  one  of  those 
adjoining  Islands  expressed  in  the  Charter,  except  a  precedent  right 
doth  appear,  approued  by  his  Majesty. 

*  *  *  * 

— [Conn.  Public  Records,  1636-1665,  p.  427. 


An  Order  of  the  Gen*.11  Court  of  Conecticutt  for  the  appointment 
of  severall  persons  to  accompany  their  Governour  to  New  Torke  to 
Congratulate  his  Matl!8  Commissioners. 

At  a  Session  of  the  Genu  Assembly,  held  at  Hartford,  October. 
13?  1664 

Mr  Allyn  Senior,  or  Junior  Mr  Gold,  Mr  Richards  and  Cap^  Winthrop, 
are  desired  to  Accompany  the  Governour  to  new  Yorke,  to  Congratulate 
his  Majesties  Honobl.e  Commissioners,  and  if   an  Opportunity  offer  it 


228  Copies  of  Documents  Relating  to  the 

selfe,  That  they  can  Issue  the  Bounds  betweene  y"  Dukes  Pattent  and 
Ours,  (so  as  in  their  Judgmu  may  be  to  the  Satisfaccon  of  the  Court,) 
they  are  Impowered  to  attend  the  same  Service. 

Extracted  out  of  the  Records  of  y*  Court  this   24th  of  October  16C4. 
by  mee. 

JOHN  ALLYN  Secretary  of  his  Ma"? 

Colony  of  Conecticutt. 
— I"  General  Entries  (MS.)  in  office  of  N.  Y.  Sec'y  of  State,  i,  69  ;  Conn. 
Pub.  Bee,  1636-1665,  p.  435. 


Agreement  between  the  Commissioners  of  the  Duke  of  York  and  Dele- 
gates from  Connecticut,  November  30£A,  1664. 
(Not  executed.) 
Note.  —  The  words  in  italics  are  erased  in  the  original  MS. ,  those  in  small  type 
are  interlined.     The  letters  within  brackets  are  supplied  where  there  are  holes  in 
the  paper.  —  [N.  Y.  Sen.  Doc,  1857,  No.  165,  p.  100. 

This  Agreement,  made  Indented  and  concluded  [on]  the  Thirtieth 
day  of  November  in  the  Sixteenth  Yeare  of  the  Raigne  of  [our]  Sov- 
eraigne  Lord  Charles  the  Second  by  the  Grace  of  God,  King  of  England 
Scotland,  [ffran]ce  and  Ireland  Defender  of  the  ffaith  &c.  One  Thou- 
sand Six  hundred  Sixty  foure,  W[here]as  by  an  Order  of  the  Gen*D 
Assembly,  held  at  Hartford  the  Thirteenth  day  of  October  16[64] 
Mr  Allyn  Senior,  Mr  Gold,  Mr  Richards,  and  Captain  Winthrop  were 
appointe[d]  w*"""111' held " Hartford  13oct<»b«1««  [to]  accompany  JohnWinthrop 
Esqr,  (the  Governor  of  his  Matleg  Colony  of  Conecticutt,) t0  n(ew-Y°rike  &  to  agree 
npon  the  bound.  «f  the  ,dCoionran(j  fl^r  Howell  and  Cap'  Younge  of  long  l8lan<1  were  to 
attend  the  same  Service,  exprest  in  the  saide  0[r]der,  And  Whereas 
amongst  other  things,  the  said  Persons  were  therein  impowered  to  Issue 
he  Bounds  betweene  his  Royall  Highnesse  the  Duke  of  Yorkes  Pattent, 
and  the  Pattent  granted  by  his  Ma"*  to  the  said  Colony  of  Conecticutt, 
a  Copie  of  woh  said  Pattent  of  Conecticutt,  Colony  bearing  date  the 
Thenty  Third  day  of  Aprill  1662 — being  viewed  wherein  is  set 
forth  That  the  Western  Bounds  or  Limitts  of  the  said  Colony  should 
extend  to  the  South  Sea,  And  Likewise  the  Duke  of  Yorkes  Pattent, 
bearing  date  the  Twelveth  day  of  March,  1663  being  read,  wherein  It  is 
Granted,  That  his  Royall  Highnesse  shall  have  all  the  Lands  from  the 
Westerne  Part  of  Conecticutt  River,  to  the  Easterne  part  of  Delaware 
Bay,  By  woh  said  Pattents  (through  mistakes or  otherwise)  the  s[aid]  Lands 
are  Granted  to  them  both,  Now  to  prevent  any  Debates  or  differences  that 
may  or  might  arise  thereby,  It  is  mutually  Agreed  and  Consented  unto, 
by  the  aforesaid  John  Winthrop  Esqr,  Governor  Mr  Allyn  Senior,  Mr 
Gold,  Mr  Richards,  Cap1  Winthrop,  Mr  Howell,  and  Cap*  Young  on  the 


Boundaries  of  the  State  of  New  York.  229 

behalfe  of  the  Colony  of  C[onect]icutt,  [and]  [Cojlonell  Ri[ch]d  Nicolls, 
on  the  behalfe  of  his  Royall  Highnesse,  That  [the  boujnds  of  Co[nec]ti- 
cutt  Pattfenjt,  shall  not  from  and  after  the  date  hereof,  extend  t[hem- 
se]lves  unto  any  part  of  the  Maine  Land  further  Westward, 
th.nth<,headoraCre«keor  River  nearer  then  the  distance  of  Twenty  Miles,  from 
n  High  water  marke  oomoniy  any  0f  the  Dor(jers  0f  the  Maine  River  Commonly 
caiw  bj  the  mdian  name  Hame     caned  Hudsons  River,  Provided  that  it  shall  and 

ronook  and  from  thence  by  a  direct       may   ^e   Lawfull  tO    the  GovemOUr,   of  ll'lS    Royall 

ime  to  the  North  North  w««  tin  it  Highnesse  the  Duke  of  Yorkes  Pattent,  and  the 
meets  with  the  Mae.achysett  Line  Gr0vernor  0f  his  Ma"?*  Colony  of  Conecticutt,  to 
determine  a  nearer  Bound,  bordering  upon  Hudsons  River,  to  any  Par- 
ticular Person  [or]  Persons,  or  Plantacons,  whose  prsent  possession  in 
any  part  under  Conecticutt  Governm1  is  wthin  the  Limitts  of  Twenty 
Miles  from  Hudsons  River,  in  woh  case  it  is,  and  shall  be  Lawfull  for  the 
said  Governo™  to  Allott  to  the  said  Person,  Persons,  or  Plantacons,  so 
Claiming  five  Miles  of  addioon  to  theire  prsent  possession,  according  to 
the  good  discrecon  of  the  Governo"  and  Councell,  or  Gen'.11  Court  of  his 
Mat!?"  Colony  of  Conecticutt,  And  it  is  also  Agreed  on  the  behalfe  of 
his  Royall  Highnesse  the  Duke  of  Yorkes  Pattent,  That  by  vertue  of  the 
said  Pattent,  from  and  after  the  date  hereof,  the  bounds  and  Limitts 
thereof  shall  not  extend,  or  Claime  any  Priviledge  or  Jurisdiction  to 
the  Eastward,  beyond  the  distance  of  Tenty  Miles,  from  the  Borders  of 
the  said  Hudsons  Maine  River,  excepting  according  to  the  Provisoes 
aforesaid  in  the  preceedent  Article,  To  wch  Mutuall  Agreem*,  and  the 
performance  thereof  fully  and  effectually,  accor[di]ng  to  the  true  and 
plaine  meaning  of  the  p'misses,  The  Persons  above  written  hav[e]  here- 
unto Interchangeably  sett  theire  [ha]nds  and  Seales,  the  day  and  Yeare 
above  said,  at  N[ew]  Yorke  on  Manhatans  Island. 

Sealed  and  delived  in  the  prsence  of. 
—  [JST.  Y  Col.  MSS.,  lxix,  4. 


The  Bounds  of  Conecticutt,  Issued  by  his  Ma*!?  Com™  and  the   Com™ 
appointed  by  the  said  Colony. 

By  virtue  of  his  Ma*1.68  Commission,  Wee  have  heard  the  difference 
about  the  Bounds  of  the  Pattents  granted  to  his  Royall  Highnesse,  the 
Duke  of  Yorke,  and  his  Ma"."*  Colony  of  Conecticutt,  and  having 
deliberatly  considered  all  the  Reasons  alleadged  by  Mr  Allyn  Senior, 
Mr  Gold,  Mr  Richards  and  Capt  Winthrop,  appointed  by  y*  Assembly, 
held  at  Hartford  the  13th  of  October  1664,  to  accompany  John  Win- 
throp Esq'  (the  Governo'  of  his  Ma"."  Colony  of  Conecticutt)  to  New 
Yorke,  and  to  Agree  upon  the  Bounds  of  the  said  Colony,  why  the  said 
Long  Island  should  be  under  the  Governm*  of  Conecticutt,  (w8h  are  too 


230  Copies  of  Documents  Relating  to  the 

long  here  to  bee  recited,  Wee  do  declare  and  Order  that  the  Southerne 
Bounds  of  his  Ma11.68  Colony  of  Conecticutt,  is  the  Sea,  and  that  Long 
Island  is  to  be  under  the  Governm*  of  his  Royall  Highnesse  the  Duke 
of  Yorke,  as  is  expressed  by  plaine  words  in  the  said  Pattents  respect- 
ively ;  And  also  by  vertue  of  his  Ma1!68  Commission,  and  by  the  Consent 
of  both  the  Governo1",  and  the  Gentlemen  above  named,  Wee  also  Order 
and  declare,  that  the  Creeke  or  River  called  Momoronock,  woh  is  reputed 
to  be  about  thirteene  Miles,  to  the  East  of  West-Chester,  and  a  Line 
drawne  from  the  East  point  or  side,  where  the  ffresh  water  falls  into 
the  Salt,  at  high  water  Marke,  North  North  West  to  the  Line  of  the 
Massachusetts,  be  the  westerne  bounds,  of  the  said  Colony  of  Conec- 
ticutt, And  all  Plantacons  lying  Westwards  of  that  Creeke  &  Line 
so  drawne,  to  be  under  his  Royall  Highnesse  Government,  And  all 
Plantacons  lying  Eastward  of  that  Creeke  and  Line,  to  be  under  the 
Governmt*  of  Conecticott  ; 

Given  under  Our  hands  at  James  ffort  in  new  Yorke,  on  the  Island  of 
Manhatans  this  1st  day  of  December  1664 

RICHARD  NICOLLS, 
GEORGE  CARTWRIGHT, 
S.  MAVERICKE. 

Wee  the  Governo1  and  Com"  of  the  Gena11  Assembly  of  Conecticutt, 

do  give  Our  Consent  to  ye  Limitts  and  Bounds  above  menconed,  as 

Wittness  Our  hands. 

JOHN  WINTHROP, 

ALLYN  Senio' 

RICHARDS 

GOLD, 

JOHN  WINTHROP  Jun! 

— [General  Entries  (MS.)  in  office  of  N.  Y.  Sec'y  of  State,  i,  70;  JST.  T. 
Col.  M88.,  xxii,  5;  lxix,  5;  Vol.  i,  part  i,of  this  Report  on  Bounda- 
ries, p.  24. 


[Colonel  Nicolls,  to  the  Duke  of  Yokk,  Novf  1665.] 
I  have  formerly  rendered  account  of  the  Decision  and  Settlement  of 
Bounds  between  your  Royal  Highness  and  the  Patent  of  Connecticut 
made  by  his  Majesty s  Commission™  and  the  Governor  and  Council  of 
Connecticut,  wherein  five  towns  were  relinquished  to  Connecticut  by 
virtue  of  their  Precedent  Grant  from  his  Majesty  although  the  same 
tracts  of  Land  were  given  to  your  Royal  Highness,  to  the  utter  ruin  of 
that  Colony,  and  a  manifest  Breach  of  their  late  Patent,  which  determ- 
ination was  a  Leading  case  of  equal  Justice  and  of  Great  Good  Conse- 


Boundaries  of  the  State  of  New  York.  231 

quences  in  all  the  Colonies  and  therefore  we  were  assured  would  be  an 
acceptable  service  to  your  Royal  Highness,  though  to  the  Dimunition 
of  your  Bounds.  So  that  to  the  East  of  New  York  and  Hudson's  River, 
nothing  considerable  remains  to  your  Royal  Highness,  except  Long 
Island  and  about  twenty  miles  from  any  part  of  Hudson's  River.  I 
look  therefore  upon  all  the  Rest  as  empty  names  and  places  possesst 
forty  years  by  former  Grants,  and  of  no  consequence  to  your  Royal 
Highness  except  all  New  England  cpuld  be  brought  to  submitt  to  your 
Royal  Highness's  Patent. 

—[JST.  Y.  Col.  MSS.,  lxix,  6;   Col.  Doc,  iii,  106;  Sen.  Doc,  185V,  No. 
165,  p.  104. 


[Colonel  Nichols  to  Me.  Mayhew.] 

Jan.  the  3d  1667.  Fort  James. 
*  *  *  * 

I  have  not  been  forward  in  triviall  cases  to  contest  for  my  mas- 
ter's bounds,  knowing  however  that  all  the  Islands  except  Block 
Island  from  Cape  Codd  to  Cape  May,  are  included  in  my  master's 
patent.1     *  *  * 

— [tf.  Y.  Col.  Doc,  iii,  1V0. 


[In  Conn.  General  Assemble.] 

October  8,  1668. 

*  *  *  * 

This  Court  orders  the  Secretary  to  deliuer  vnto  Mr.  Willys  &  Mr. 
Joanes  the  mortgage  of  Long  Island,8  for  the  use  of  those  concerned. 

*  *  *  * 

—[Conn.  Pub.  Bee,  1665-77,  p.  93. 

•Grant  to  the  Duke  of  York.— [P. 

"July  29th,  1641,  James  Farrett,  the  agent  of  the  Earl  of  Stirling,  "to  provide 
as  he  may  for  that  part  of  Long  Island  not  possessed  nor  as  he  conceiveth  claimed 
by  the  Dutch,  before  his  departure  for  England,"  gave  a  mortgage  deed  of  the 
whole  of  the  Island  and  its  dependencies,  not  previously  disposed  of,  to  Geo.  Fen- 
wick,  of  Saybrook,  Edward  Hopkins,  of  Hartford,  and  Theophilus  Eaton,  Steven 
Goodyear  and  Thomas  Gregson,  of  New  Haven.  The  condition  of  the  deed  was 
the  repayment  to  the  mortgagees,  within  three  years,  of  £110  and  charges;  and  in 
default  of  such  payment,  the  title  to  the  Island  to  vest  in  them  and  their  assigns. 

—[Idem. 


232  Copies  of  Documents  Relating  to  the 

[In  Conn.  General  Court.] 

October  13,  1670. 

*  *  *  * 

This  Court  leaues  it  with  the  Gouernor  and  Assistants  on  the  Riuer  to 
write  to  Col.  Louelace,  [Governor  of  New  York]  that  there  may  be  a 
committee  appoynted  by  them  and  us,  to  runn  the  line  between  them 
and  us. 

*  ♦  *  • 

—{Conn.  Pub.  Bee.,  1665-77,  p.  144. 


October  8,  1674. 

*  *  *  * 

This  Court  appoynts  Mr.  John  Bankes,  Lnt  Jonath:  Sillick,  Lnt  Jona- 
than Lockwood  and  Lnt  Joseph  Orton,  or  any  three  of  them,  forthwith 
to  runn  the  lyne  between  this  Colony  and  the  Colony  of  New  York, 
from  Momoronock  Riuer  to  Hudson's  Riuer. 

*  *  *  ♦ 

— [Conn.  Pub.  Bee.,  1665-77,  p.  242. 


[Duke  of  York  to  Governor  Andros.] 

Major  Andros 

*  *  *  • 

Touching  ya  Boundryes  of  your  governm*  towards  Connectecut  you 
are  in  ye  right  y*  they  were  settled  by  Comm"  in  1667.  but  truly  ye  papers 
of*  those  transactions  not  being  now  present  wth  me  (perhaps  you  have 
entryes  of  ym  at  New  Yorke)  I  can  only  repeate  to  you  what  Mr  Delavall 
hath  told  my  Secretary  viz'  y*  y9  bounds  of  those  of  Connecticut  are  to 
be  on  y6  edge  next  ym  of  ye  river  Marrinac  northwards  as  far  as  they 
please,  provided  they  leave  y*  river  where  it  inclines  Westerly,  soe  as  at 
noe-time  to  approach  nearer  yn  20  miles  to  any  part  of  Hudson's  river 
(or  New  York  River)  And  y"  (he  sayth)  was  agreed  yn  by  ye  Comr? 
But  whether  it  were  or  noe  my  opinion  is  'tis  best  only  to  make  accom6- 
dations  of  y'  kind  temporary,  soe  if  possible  to  preserve  y*  utmost  limitts 
for  me  y*  my  Patent  gives  me  a  title  to. 

*  *  *  * 

S*  James's  6  Aprill  1675  • 

— [JV.  T.  Col.  Doc.,  iii,  230. 


Boundaries  of  the  State  of  New  York.  233 

[Sir  John  Werden  to  Governor  Andros.] 

St.  James,  Jan.  28,  167|. 

*  *  *  * 

As  for  Connecticut  Colony  you  may  be  assured  we  shall  enter 
Caveats  to  prevent  ye  passing  to  them  any  New  grants  or  priviledges 
till  His  Ru  H"  be  heard.  *  *  That  their  Pattent  was  prior  to  the 
Dukes  and  soe  confirmed  in  all  their  possession,  the  Duke  at  y*  time 
haveing  noe  pretence  at  all,  and  the  latter  Pattent  not  being  of  force  to 
destroy  the  former,  and  that  Com™  appoynted  by  the  King  in  (64) 
settled  y*  Boundaryes  by  vertue  of  an  authority  under  the  Great  Seale, 
woh  though  never  confirmed  by  the  Duke,  yett  was  assented  to  by  his 
Leiut.  Govern1-  who  sure  would  not  have  yielded  to  it,  if  His  Ru  H" 
right  had  beene  cleere  in  ye  poynt. 

Upon  the  whole  you  will  see  that  His  Roy"  H"  is  willing  things 
should  rest  as  they  are  at  present  but  he  is  not  sorry  you  have  revived 
this  clayme  because  possibly  some  good  use  may  be  hereafter  made 

of  it. 

*  *  *  * 

— [N.  T.  Col.  Doc,  iii,  236. 


[Duke  of  York  to  Governor  Andros.] 

*  *  *  * 

I  have  considered  of  w*  you  have  written  by  Capt.  Salisbury  touching 
yor  demand  of  all  the  land  on  the  West  side  of  Conecticut  River,  as 
being  comprized  within  my  Patent,  woh  demand  I  approve  well  of  in 
order  to  preserve  that  title  entire,  woh  the  King  hath  conveyed  to  me. 
But  for  the  present  for  other  reasons  I  am  not  willing  you  should  pro- 
ceed further  in  regard  I  hope  for  hereafter  more  convenient  means  of 
adjusting  the  Boundaryes  in  those  parts,  and  in  the  interim  though  the 
agreem*  by  the  Comm™  in  1664  were  never  confirmed  by  me,  I  soe  far 
approve  of  the  prudence  of  Coll.  Nicholls  at  that  time,  as  to  admitt  by 
noe  means  of  any  neerer  accesse  of  those  of  Connecticut  then  to  the 
mouth  of  Marinac  (or  Mamaronocke)  River  and  along  the  edge  of  it : 
provided  they  come  to  noe  place  within  twenty  miles  distance  of  Hud- 
sons  River.  But  this  I  hint  to  yon  only  for  the  present,  not  intending 
thereby  to  conclude  my  selfe  as  to  the  right  of  the  Case. 

*  *  *  * 

Whitehall  the  28  Jany  167|. 
— [N.  T.  Col  Doc,  iii,  235. 


234  Copies  of  Documents  Relating  to  the 

[Sir  John  Werden  to  Governor  Andros.] 

St.  James,  May  7,  16 77. 

*  *  *  * 

It  is  still  his  Roy  all  H"  pleasure  y*  you  doe  nothing  further  at  j'  time 
touching  your  bounds  towards  Connecticutt.  But  since  soe  many 
townes  &c  have  beene  soe  lately  disjoyned  from  them,  and  since  they 
disclaymed  yl  agreemt*  of  keeping  20  myles  distant  from  Hudsons  River 
(wch  upon  Mr  DelavalPs  informacon  I  apprehended  might,  if  insisted  on 
by  them,  have  proved  an  equitable  plea  against  us)  I  beleeve  a  time 
may  come  either  upon  a  regulacon  of  matters  in  New  England  wn  His 
Matle  shall  please  to  take  y*  into  his  consideracon  or  some  other  way, 
wn  his  Roy11  High88  may  without  scruple  thinke  it  convenient  to  insist  on 

all  those  rights  y'  were  intended  him  by  his  Patent  from  ye  crowne. 

*  *  *  * 

— [JV.  Y.  Col.  Doc,  iii,  247. 


[In  Conn.  General  Court.] 

October  17,  1677. 

*  *  *  * 

This  Court  grants  Mr.  Andrew  Leet  liberty  to  purchass  Falcon  Island 
and  Goose  Island  for  himselfe  and  his  heires,  which  sayd  Islands  lye 
before  or  neer  Guilford. 

— \Conn.  Pub.  Pec,  1665-77,  p.  325. 


[Sir  Edmond  Andros  to  Governor  Leete.] 
Hon^  Sr.  Being  advised  of  an  Order  or  warrant  from  yourselfe  and 
some  of  Assistants  sent  to  Fisher's  Island,  I  am  much  surprized  at  yor 
intrenching  upon  his  Maties  Letters  Patents  to  his  Royall  Highnesse,  as 
well  as  the  Graunt  by  Governo'  Nicolls  to  the  Honb,e  John  Winthrop 
Esqr  (late  Governor  of  Connecticutt),  for  said  Island.  Which  Island  and 
graunt,  it  is  my  duty  to  assert,  as  much  as  this  or  any  other  part  of  the 
Government;  and  therefore  desire,  that  you  will  without  delay  recall 
said  Warrant  or  Order,  and  forbeare  any  the  like  proceedings  for  the 
future,  to  prevent  greater  inconveniences;  and  remaine 

Yor  affectionate  Neighbour  &  humble 
Servant, 

E.  Andross. 
New  Yorke,  29th  March,  1680. 

To  the  Honble  William  Leete  Esqr  Governor  of  his  Majtles  Colony  of 
Conecticutt,  These,  at  Hartford. 

For  his  MatieB  speciall  service.     Matthias  Nicolls.     SecrT. 
—[Conn.  Pub.  Pec,  1678-1689,  p.  283. 


Boundaries  of  the  State  of  New  York.  235 

[In  Conn.  General  Court.] 

Hartford,  May  20,  1680. 

*  *  *  * 
Whereas  this  Court  is  informed  that  Sir  Edmund  Andross,  Governo* 

of  his  highness  the  Duke  of  Yorke  his  Territories  in  Americah,  hath 
asserted  that  a  certain  Island  called  Fishers  Island,  belonging  to  the 
heirs  of  John  Winthrop  Esqr  deceased,  is  part  of  his  sayd  Royall 
Highness  territories,  which  by  charter  from  his  Matie  Charles  the  Second, 
King  of  England  &c.  is  indeed  granted  vnto  this  his  Matles  colony  of 
Conecticutt  and  under  the  goverment  [thereof],  This  Court  for  the 
prserving  the  just  limits  of  his  Matle"  gracious  grant  to  them,  doe  hereby 
publiquely  assert  that  the  sayd  Island  is  a  part  and  member  of  this 
colony  of  Conecticutt  and  vnder  the  goverm*  thereof,  and  that  they  have 
exercised  and  shall  and  will  exercise  goverment  there  as  occasion  shall 
require;  and  doe  hereby  declare  and  protest  against  the  sayd  Sr  Edmund 
Andross  and  all  other  persons  their  claimes  or  exercise  of  any  authority 
or  goverment  on  or  over  the  sayd  Island,  that  all  such  acts  are  unjust 
as  have  or  may  be  exerted  by  any  authority  from  the  sayd  Sr  Edmund 
Andross  or  any  other  then  what  hath  been  or  shall  be  derived  from  the 
power  given  by  his  Matie  vnto  this  his  colony,  are  and  shall  be  voyd  as 
to  bind  any  person  or  persons  to  any  obedience  therevnto:  and  we  doe 
hereby  prohibit  all  and  every  person  and  persons  that  are  or  may  be  on 
the  sayd  Island  from  yeilding  obedience  to  any  authority  whatsoever 
save  the  authority  of  his  Mat,e  vested  in  the  colony  of  Conecticutt. 

This  to  be  published  at  New  London  by  the  constable  there,  and  to 
be  signed  by  the  Secretary  in  the  name  of  this  Court. 

*  *  *  * 

— [Conn.  Pub.  Pec.,  1678-1689,  p.  64. 


Answers  to    Queries  propounded  by  Lords  of  Trade  to    Governor   of 

Connecticutt. 

*  *  *  * 

10.  Answ.  Our  Boundaries  are  expressed  in  our  Charter.  As  to  the 
number  of  acres  setled  or  unsetled,  or  how  much  is  manureable,  we 
cannot  guess ;  the  country  being  a  mountainous  country,  full  of  rocks, 
swamps,  hills  and  vales.  Most  that  is  fitt  for  planting  is  taken  up. 
What  remaynes  must  be  subdued,  and  gained  out  of  the  fire  as  it  were, 
by  hard  blowes  and  for  smal  recompence. 

*  *  *  * 

Hartford,  July  15,  1680. 
—[Conn.  Pub.  Pee.,  1678-1689,  p.  296. 


236  Copies  of  Documents  Relating  to  the 

[In  Conn.  General  Court.] 

Hartford,  May  11,  1682. 

*  *  *  * 

This  Court  being  informed  that  some  people  of  N.  Yorke  have  setled 
within  the  limits  of  this  colony,  on  the  east  side  of  Hudson's 
River,  doe  order  a  letter  be  sent  in  the  name  of  this  Court  to  the 
Governor  of  New  Yorke,  to  signify  or  dislike  of  their  so  intrenching 
upon  or  charter  limits,  and  to  desire  theire  joyneing  with  us  in  markeing 
out  the  line  according  to  agreement  of  his  Matu*  Commissioners  with 
or  Governor  and  committee,  and  allso  another  letter  to  those  setled 
upon  or  land,  that  they  should  remove  themselves  off  or  lands  speedily 
or  apply  to  this  Court  for  liberty  of  continuance  there. 

*  *  *  * 
— [Conn.  Pub.  Bee,  1678-1689,  p.  100. 


Communication  from   the    General  Assembly   of   Connecticut  to  the 
Governor  of  New  -  York. 

Hartford,  May  11,  1682. 
May  it  please  your  HonoT, 

We  your  friends  &  neighbours  the  Governor  &  Generall  Assembly  of 
his  Mat,e*  Colony  of  Connecticutt  haveing  at  or  present  Session,  had 
Information  &  complaint  made  unto  us,  that  sundry  persons  under 
your  jurisdiction,  &  particularly  Mr  Frederick  Phillips  have  erected 
lately,  &  are  erecting,  certaine  Mills,  &  other  edifices,  &  making 
Improvements  of  lands,  within  the  limitts  of  the  township  of  Rye,  &  in 
the  Bounds  of  this  his  MatlM  Colony  of  Conecticutt,  Neere  unto  Hud- 
son's River;  alledging  to  such  as  have  questioned  with  them  there- 
about, that  they  doe  it  by  vertue  of  a  pattent  or  pattents,  or  other  allow- 
ances, from  the  Governojj  of  his  Highness  Territory  of  New  York; 
&  not  only  so  but  some  of  the  sayd  Improvers,  doe  give  out  Threaten- 
ing Speeches,  that  if  any  of  our  Colonys  cattell,  shall  come  there,  that 
they  will  not  suffer  our  people  peaceably  to  have  them  away,  &  allso 
that  others  of  your  jurisdiction,  are  purchasing  or  have  purchased  large 
ti'acts  of  land,  on  the  east  side  of  Hudson's  River,  within  our  limitts, 
from  the  Indians  in  order  to  planting  there,  by  patents  or  lycensse  so 
to  doe,  from  his  Highness  Governor  at  New-York.  The  consideration 
hereof,  hath  given  us  this  occasion  to  signify  hereby  the  same  unto 
your  HonoS  a  person  with  Home  as  with  your  predecesso",  Gen" 
Richard  Niccols,  and  Col.  Francis  Lovelace,  we  never  were  so  unhappy 
as  to  differ,  &  herewith  to  send  to  your  Hon'  a  coppy  of  the  setlement 
of  the  line  between  this  his  Matle*  Colony,  &  that  his  highness  Territoryes 
which  you  have  also  the  originall  of,  as  we  doubt  not,  which  for  the 
authority  of  it  being  done  by  his  Matle"  Commissioners,  to  that  end 


Boundaries  of  the  State  of  New  York.  237 

Impowered  &  by  mutuall  consent  of  the  parties  concerned,  &  for  the  per- 
specuity  of  it  determining,  that  a  north  north  west  line  from  Mamorro- 
nock  River  to  the  Massachusetts  lyne,  shall  be  the  bounds  between  us 
on  that  part,  Is  in  our  understanding  so  indisputable,  as  we  would  not 
doubt,  but  your  Honor  will  desire  to  hold  (as  we  do)  the  same  inviola- 
ble, &  farther  &  therewithall  it  may  please  your  Honor  to  know  that 
certaine  persons  of  or  colony,  having  runn  the  sayd  line  From  Mamor- 
ronock  River  unto  Hudson's  River,  have  found  it  to  come  upon  Hudson's 
River,  to  the  southward  &  westward  of  the  places,  where  the  said  edi- 
fices, mills,  purchases,  &c.  are  sayd  to  be,  Also  that  a  surveyor  by  sr 
Edmun  Androsse  his  order,  running  the  said  lyne,  found  it  to  fall  some- 
what nearer  the  sea,  than  it  was  run  by  some  of  ours,  of  which  surveyor, 
Mr  Robert  Ryder,  your  Honor  may  especially  enquire,  If  living  with  you, 
&  we  are  willing  and  desireous  If  your  Honor  see  cause  at  any  time  by 
you  assigned  to  run  the  sayd  line,  to  put  it  out  of  doubt.  Wherefore 
we  doe  hereby  desire  of  your  Honor  for  the  preventing  of  all  Injury  & 
strife  between  us,  well  to  testify  your  selfe,  in  all  the  premises,  &  by 
your  speedy  &  effectuall  order  to  cause  all  further  proceedings  of  that, 
or  the  like  nature,  first  mentioned,  to  cease  as  farr  as  it  is  done  under 
countenance  of  authority  from  his  highness,  the  duke  of  yoi*ke,  his  Gov', 
&  that  the  sayd  places  within  the  line  of  this  colony  on  the  eastward 
side  Hudson8  River  may  without  obstruction  from  your  Honor  be  regu- 
lated &  ordered  as  other  parts  of  this  colony  are  by  such  as  his  Matle 
of  his  especial  Grace,  hath  betrusted  with  the  dispose  &  Government 
thereof,  the  signification  whereof  by  the  bearer  hereof,  to  or  Govr  &  his 
Council,  with  our  desire  of  your  Honor  happyness  is  all  at  present  from 
Your  Hono"  reall  friends  the  Governor  &  Gen"  Assembly  of 

his  ma""  Colony  of  Conecticutt  per  their  order,  signed  per  me 

John  Allyn  Secretry. 

— [iV:  Y  Col.  MSS.,  lxix,  7;    Sen.  Doc,  1857,  No.  165,  p.  105;  Conn. 
Pub.  Hec,  1678-1689,  p.  313. 


Instructions  for  Governor  Dongan. 

*  *  *  * 

You  are  also  wth  all  convenient  speed  after  yor  arrivall  at  New  Yorke 
to  endeavour  to  ascertaine  and  agree  ye  Boundaryes  of  my  territoryes 
towards  Connecticut  wtb  the  Govern™  and  inhabitants  of  Connectecut, 
and  you  are  to  send  over  to  me  true  and   exact  Mapps  of  my  said 

Territoryes. 

*  *  *  * 

Given  under  my  hand  at  St.  James's  the  27th  day  of  January,  168$. 
—[&  Y.  Col.  Doc,  iii,  333. 


238  Copies  of  Documents  Relating  to  the 

[Governor  and  Council   of  Connecticut  to   Governor  Dongan.] 

Hartford,  Octobr  5*  1683. 

Honble  S!".  This  being  the  first  oppertunety  we  have  had  since  your 
arrivall  of  meeting  in  council],  we  could  doe  no  less  than  congratulate 
your  safe  comeing  into  these  western  parts  of  the  world  and  entrance 
into  the  Goverm'  of  his  Royall  Highness  Territories,  wishing  you  all 
prosperity  and  happyness  therein,  assureing  you  that  we  shall  endeav- 
oure  amicably  to  deporte  ourselves  towards  yourselfe  and  goverment; 
and  if  any  thing  should  happen  otherwise,  upon  the  first  intimation  we 
shall  endeavour  a  right  understanding  between  us. 

And  by  the  way,  we  can  do  noe  less  then  give  your  Honour  advice 
of  that  which  transiently  is  come  to  our  cognizance,  viz.  a  warrant  sd  to 
be  granted  by  Mr.  John  Pell,  requireing  the  constables  of  Ry,  Green- 
wich and  Standford  severally  to  appeare  at  N.  Yorke  on  the  1st  Wednes- 
day in  October  instant,  to  make  presentment  at  your  grand  assizes  ; 
notwth  standing  the  sd  Townes  are  indubitably  within  the  precincts  and 
bounds  of  this  his  Matie*  Colony  of  Conecticutt,  not  onely  by  his  Matle" 
gracious  Charter  grant  but  by  agreement  and  setlement  of  bownds 
between  his  Royall  Highness'  province  and  this  Collony,  as  your  HonbI* 
predecessors  well  knew;  at  which  time  and  before,  those  Townes 
peaceably  were,  and  ever  since  have  continued,  under  this  his  Ma,i0B 
Goverment:  the  which,  for  the  mutuall  weale  and  safety  of  all  his 
MatIes  good  subjects  concerned,  we  heartily  desire  may  not  be  inter- 
upted  or  molested  by  any  such  injunctions  or  impositions  from  any  of 
or  good  neighbours. 

HonbIe  S'  we  beg  your  pardon  for  this  trouble,  which,  wth  our  best 
respects  to  your  Honor,  is  all  at  prsent  from,  Sr, 

Your  affectionate  neighbours  &  humble  servants, 

The  Govr  &  Councill  of  his  Matie"  Colony  of  Conecticutt, 

||?  their  order  signed, 

£  John  Allyn,  Sec  y. 

For  the  Honble  Col.  Tho.  Dongan  Esqr.,  Govr  of  his  Royall  Highness 
Territories,  at  Forte  James,  in  N,  York  this  &&• 
The  Govr  &  Councill  ordered  the  above  written  letter. 

— [Conn.  Pub.  Rec,  1678-1689,  p.  326. 


[Governor  Dongan  to  Secretary  Allyn.] 

New  York,  Octobr  ye  9th,  1683. 
Sr.  I  am  much  obliged  to  your  Governor  and  Councill  for  the  comple- 
ments they  made  me,  and  do  really  desire  that  a  firm  friendship  may 
be  established,  assureing  you  that  if  there  be  not,  it  shall  be  none  of 
my  fault. 


Boundaries  of  the  State  of  New  York.  289 

Itt  is  the  usuall  way,  when  one  Government  writes  to  auother,  for 
the  Chief  and  Principall  to  signe  it,  but  since  the  Gentlemen  have  not, 
tis  to  you,  Sr,  that  I  adresse  this  Answer. 

Tis  well  known  that  his  R"  Highness  has  a  patent  for  all  the  lands 
on  this  side  of  Hudson's  River,  and  if  my  predecessors,  as  you  hint, 
haveing  power  to  be  kinder  to  you  than  some  think  you  deserved,  were 
pleased  to  quitt  the  rest  of  the  lands  within  twenty  miles  of  Hudson's 
River,  I  am  not,  as  I  think,  obliged  to  confirm  it. 

For,  instead  of  being  contented  with  that,  you  have  hindred  the 
people  which  belong  to  this  Goverment  from  comeing  hither;  and  not 
that  only,  but  some  of  your  Colony  have  come  to  settle  within  six  or  8 
miles  of  Hudson's  River,  and  that  without  any  leave  of  this  province, 
as  I  am  informed. 

If  it  be  so,  I  take  it  to  be  my  Master's  opinion  that  you  have  abused 
the  former  contract,  if  any  such  was,  and  therefore  you  cannot  blame 
me  to  take  notice  of  it,  and  make  claime  to  the  whole  from  Connecticut 
River. 

Your  pretence  to  Virginia,  this  place,  and  all  other  of  the  King's 
dominions  as  far  as  the  South  Sea,  would  be  as  good  as  the  other. 

I  am  obliged  in  his  R.  H.  name  to  wish  you  to  find  out  some  course 
to  make  an  end  of  this  difference,  whereby  a  foundation  may  be  laid 
for  a  good  correspondence,  and  I  will  not  fail  to  acquaint  the  Duke 
with  your  resolutions. 

Wishing  your  Governor  and  Councell  all  prosperity  and  happinesse, 
I  do  assure  you  that  none  shall  endeavour  to  deport  himself  moro 
amicably  with  them  than,  Sr, 

Your  servant, 

Tho.  Dongan. 
For  Mr.  John  Allyn, 

Secretary  of  Connecticut. 
— [Conn.  Pub.  Bee,  1678-1689,  p.  327. 


[The  Governor  and  General  Court  of  Connecticut  to  Governor 

Dongan.] 

Hartford,  OctoV  16,  1683. 

Honble  Sr.  Our  Secrefy  hath  acquainted  us  with  a  letter  he  received 
from  your  Honor  by  Ens.  John  Miles,  that  was  the  post  that  convayed 
a  letter  to  your  selfe  from  the  Governor  and  Councill  of  this  Colony, 
and  doe  return  you  our  hearty  thankes  for  those  expressions  in  yours 
wherein  you  manifast  your  reall  desire  that  a  firme  friendship  may  be 
established,  which  we  hope  we  shall  not  be  wanting  in  contributing  too, 
according  to  our  ability. 

And  we  must  assure  your  Honor  that  the  former  letter  you  reced  from 


240  Copies  of  Documents  Relating  to  the 

or  Governed  and  Councill,  signed  by  o*  Secretary  was  signed  according 
to  or  usuall  custome  in  such  cases,  wherein  was  no  designe  of  disrespect 
to  yourselfe,  whom„we  honour  in  that  quality  and  capacity  wherein  you 
stand,  as  Governour  of  his  Royall  Highness'  Territories  and  our  good 
neighbour,  hopeing  our  future  converss  may  allso  speak  the  same. 

As  to  his  Royall  Highness  his  just  rights  and  interests,  we  would  no 
way  interupt  or  molest,  and  cannot  but  hope  to  receive  the  like  kindness 
from  your  Honour,  and  shall  so  endeavoure  to  deporte  o'selves  that  we 
may  so  deserve. 

Sr,  we  doe  judg  that  what  seeming  or  reall  differences  were  in  his 
Royall  Highness  his  Charter  and  his  Matu"  Charter  granted  to  this 
Colony,  is  fully  resolved  and  issued  in  that  agreement  that  was  made 
by  his  Matle*  Honble  Commissioners,  whoe  were  impowered  and  commis- 
sionated  to  setle  differences  of  bownds  between  Charter  and  Charter, 
woh  was  fully  stated  and  concluded  at  New  Yorke,  and  well  approved 
by  his  Matle  as  his  gracious  letter  to  this  Colony  did  fully  manifast ; 
coppye9  of  which  we  perswade  o'selves  may  be  found  amongst  your 
records. 

Sr,  we  have  not  to  or  knowledg  acted  any  thing  to  violate  or  pjudice 
the  agreement  and  issue  made  by  his  Ma""  HonbIe  Commissioners.  If 
any  thing  by  us  be  done  ignorantly,  when  we  understand  it  we  shall 
redress  the  same. 

We  have  allwayes  endeavoured  to  mayntaine  a  good  correspondency 
between  his  Royall  Highness  his  Goverment  and  this,  and  shall  still  be 
ready  to  joyne  with  your  Honour  in  the  laying  a  foundation  for  thai 
end;  and  therefore  desire  that  nothing  by  your  Honour  or  ourselves 
may  be  acted  otherwise. 

Sr,  it  hath  been  and  still  is  a  time  of  great  sorow  with  vs  by  reason 
of  sickness  that  is  still  amongst  us,  whereby  many  are  made  very  weake 
and  low,  that  we  have  not  oppertunety  to  wayt  upon  your  Honour  by 
such  persons  as  we  would  gladly  imploy  in  such  a  service,  and  therefore 
desire  your  excuse  therein. 

Hon™*  Sir,  we  wish  you  all  prosperity  and  happyness,  wth  your  honour- 
able Councill,  and  whole  Colony,  and  subscribe  ourselves,  your  most 
affectionate  neighbours  and  humble  servants, 

The  Governor  &  Generall  Court  of  Conecticutt. 
In  their  name  and  by  theire  order  signed, 

John  Allyn,  Sec'y. 

For  the  HonMe  Colonel  Thomas  Dongan  Esqr,  Gov1  of  his  Royall  High- 
ness his  Territories  in  Americah,  at  Forte  James  in  New  Yorke, 
this  I4« 

— [Conn.  Pub.  Bee.,  1678-1689,  p.  328. 


Boundaries  of  the  State  of  New  York.  241 

[Governor  Dongan  to  Governor  Treat.] 

Honored  Sr.  I  am  heartily  sorry  to  hear  that  you  have  been  so  much 
indisposed ;  and  I  assure  you,  as  gladd  of  your  safe  recovery. 

It  is  my  earnest  desire  to  be  in  a  right  understanding  with  all  my 
neighbours,,  and  in  particular  with  so  good  a  person,  as  the  world  gives 
you  the  character  to  be;  and  if  I  must  have  any  contention  with  you, 
I  wish  it  might  be  who  should  do  one  another  the  better  offices;  but, 
Sr,  I  must  be  obedient  to  my  Master  and  not  unmindfull  of  his  interest; 
therefore  you  cannot  take  it  amiss  from  me  if  I  claime  twenty  miles 
from  Hudson's  River  eastward,  as  I  am  informed  the  agreement  was 
between  the  King's  Commissioners  and  your  Colony.  The  King's  Com- 
missioners being  strangers,  and  relying  upon  your  people,  were  assured 
by  them  that  the  River  Mamaranet  was  twenty  miles  every  where  from 
Hudson's  River;  as  we  have  very  creditable  witnesses  can  testify,  and 
that  it  was  Coll"  Nicolls  his  intentions.  Notwithstanding  all  that,  you 
pretend  to  within  16  or  17  miles  of  this  town  and,  for  ought  we  know, 
to  Esopus  and  Albany  allso;  which  is  argument  sufficient  it  was  none 
of  Coll.  Nicolls  his  intention. 

If  you  do  not  submitt  to  let  us  have  all  the  land  within  twenty  mileB 
of  Hudson's  River,  I  must  claime  as  far  as  the  Duke's  Pattent  goes; 
which  is  to  the  River  Connecticut.  There  is  land  enough  for  us  all, 
and  I  love  not  to  do  my  neighbors  ill  offices. 

Since  you  are  pleased  to  promise  to  do  me  the  honour  to  see  me,  pray 
come  with  full  power  to  treat  with  me;  and  I  do  assure  you,  whatsoever 
is  concluded  betwixt  us,  shall  be  confirmed  by  the  King  and  his  R" 
Highness,  wch  ye  other  agreements,  I  heare,  are  not.  If  you  like  not  of 
it,  pray  take  it  not  ill  that  I  proceed  in  a  way  that  will  bring  all  your 
patent  in  quaestion. 

The  Gentleman  who  brings  you  this  letter  is  one  of  the  Councell,  and, 
as  I  find  by  him,  a  friend  of  your  Colony;  and  will  better  cleare  things 
to  you. 

I  have  no  more  but  that  I  shall  be  very  gladde  to  shake  hands  with 
you,  and  that  we  may  lay  a  foundation  that  we  may  allways  live  like 
good  neighbours. 

I  am,  Sr,  with  all  respect, 

Yr  most  affectionate  &  humble  Serv*, 

[Tho.  Dongan.] 
New  York,  Novembr  5th,  1683. 

For  his  Honoured  Friend,  Governor  Treate. 
—[Conn.  Pub.  Bee,  1678-1689,  p.  329. 
61 


242  Copies  of  Documents  Relating  to  tee 

Commission  of  Delegates  appointed  by  the  General  Assembly  of  Con- 
necticut Nov.  14,  1683,  to  negotiate  with  Gov.  Dongan  of  New- York 
respecting  the  boundary. 

To  the  Honor,d  Robert  Treat,  Esqf  Gov.,  Maj.  Nathan  Gold,  Capt.  John 
Allyn  Esq™,  assistants,  &  Mr.  Wm  Pitkin,  Gentleman : 

The  General  Assembly  of  his  Majesties  Colony  of  Connecticut  at 
their  present  session  the  14th  day  of  Nov.  1683,  do  hereby  nominate 
commissionate  and  fully  empower  as  also  desire  you  to  take  your  first 
oppertunity  to  travel  to  the  city  of  New- York  where  you  are  to  visit  the 
Hon  Thomas  Dongan  Esq  Govr  of  his  Royal  highness  the  Duke  of  York 
his  territories  in  America  and  to  congratulate  his  honours  safe  arrival 
to  New  England  and  his  highness  territories  and  to  manifest  to  him 
this  courts  grateful  resentiment  of  his  honours  professions  by  his  letters 
of  his  desire  to  be  in  good  amity  with  us,  and  to  assure  his  honor  that 
we  shall  study  and  endeavor  as  we  may  by  all  good  ways  and  means  to 
show  ourselves  as  amicable  and  serviceable  to  his  Royal  highness  and  his 
honour  as  we  are  capable  of,  and  to  that  end  we  shall  endeavour  to 
remove  all  obstructions  and  do  what  is  in  our  compass  to  settle  and 
maintain  a  good  &  neighbourly  correspondence  with  him  for  our  mutual 
advantages. 

Also  whereas  his  honour  hath  been  pleased  in  his  letter  to  signify  to 
us  that  he  is  not  satisfied  with  the  former  stated  bounds  between  this 
colony  and  his  Royal  highness's  territories  and  hath  moved  for  a  treaty 
and  settlement  of  what  is  or  may  be  matter  of  difference  between  his 
highnesses  claims  and  ours  in  that  respect,  You  or  any  three  of  you 
are  hereby  fully  commissionated  and  impowered  to  treat  with  his  honour 
thereabout  or  such  as  he  shall  please  to  appoint,  And  if  you  shall  see 
just  reason  to  vary  anything  from  the  former  settlement  of  the  bounds 
between  his  Royal  highnesses  territories  and  his  majesties  Colony, 
by  his  majesties  commissioners  thereunto,  by  his  majesty  especially 
appointed  and  a  committee  from  this  Colony  farther  towards  the  east 
than  was  agreed  on  and  hath  been  since  approved  by  his  majesty  you 
have  hereby  full  power  and  authority  to  do  and  agree  therein  with  the 
said  Governor  Dongan,  or  those  he  shall  appoint  for  a  final  issue  and 
settlement  according  to  your  best  judgment,  provided  that  hi«  majesty 
and  his  Royal  highness  approve  of  and  confirm  the  same. 

—\]V.  Y.  Col.  MSS.,  lxix,  8  ;  as  abridged  in  Sen.  Doc,  1857,  No.  165, 
p.  107;   Conn.  Col.  Bee,  1678-1689,  p.  134. 


Boundaries  of  the  State  of  New  York.  243 

Instructions  for  the  Hon.  Robert  Treat  Esq.,  the  worshipful  Maj.  Nathan 
Gold  and  Capt.  John  Allyn  Assistants,  and  Mr.  William  Pitkin. 

Gentlemen  —  You  are  to  take  by  order  of  this  court  our  commission 
given  to  yourselves  to  congratulate  the  Hon.  Col  Thomas  Dongan,  Esq., 
Gov.  of  his  highness  the  Duke  of  Yorkes  Territories  his  safe  arrival 
into  these  parts  and  to  treat  with  him  as  therein  mentioned  as  also  an 
attested  copy  of  the  former  settlement  of  our  Westward  bounds  by  his 
Majesties  Commissioners  with  a  copy  of  Col.  Nicholls  commission 
impowering  him  and  the  others  with  him  thereunto,  and  of  the  commis- 
sion of  our  committee  that  concluded  with  them,  as  also  of  his  majestys 
gracious  letter,  wherein  the  same  was  confirmed  with  what  other  papers 
you  may  think  necessary  and  as  soon  as  God  give  you  opportunity  to 
get  to  New-York  and  there  to  visit  the  honorable  Gov.  Thomas  Dongan 
and  to  salute  and  congratulate  him  according  to  your  commission  which 
you  may  show  him  and  deliver  him  a  copy  of  it  if  you  see  cause. 

2d.  As  to  your  treating  and  concluding  with  about  setling  the  bounds 
between  that  territory  and  this  colony  you  shall  not  exceed  his  demands 
of  twenty  miles  eastward  from  Hudson's  River  but  get  him  to  take  up 
with  as  little  as  may  be.  3d  you  are  to  see  his  power  to  treat  and  con- 
clude or  if  that  appears  not  to  your  satisfaction  then  you  must  treat 
and  conclude  conditionally  and  with  this  proviso,  that  his  majesty  and 
the  Dukes  highness  shall  please  to  ratify  it.  4th  As  to  the  rise  of 
our  line  at  Mamaroneck  you  are  to  declare  there  could  be  no  mistake 
between  the  Commissioners  about  that  and  therefore  endeavour  to  hold 
that  bound.  5th  If  you  grant  any  part  of  the  lanfls  within  any  of  the 
townships  of  this  Colony  you  are  to  endeavour  to  reserve  those  lands 
to  the  towns  propriety  though  as  to  jurisdiction  they  belong  to  his 
highness  6th  You  are  to  endeavour  that  the  former  line  concluded  on 
in  all  places  shall  take  place  unless  it  be  where  it  is  nearer  Hudson's 
River  than  such  a  distance  as  you  can  agree  on.  7th.  You  are  to 
remember  all  along  to  make  his  honour  sensible  how  firm  and  legal  the 
former  settlement  was,  and  that  our  varying  from  it  is  to  oblige  his 
honour  and  promote  a  perpetual  good  correspondence  between  this  his 
majestys  colony  and  his  royal  highnesse's  territories  and  the  successive 
Governors  of  them  both. 

— [Idem. 


244  Copies  of  Documents  Relating  to  the 

[In  N.  Y.  Council.] 

November  25th  1683. 
*  *  *  * 

The  Governor  of  Connecticut  MT.  Robert  Treate  Mr  John  Allyn  Secre- 
tary Major  Nathan  Gold  &  M*  Pitkin  appearing  to  ascertain  the  Liraitts 
of  their  Colony  with  this  Government  Cap1  M.  Nicolls  &  Mr.  John  Law- 
rence affirmed  that  Governor  Nicolls  said  his  Intention  was  when  he 
treated  w*!1  Connecticut  that  the  Line  w°.h  was  to  make  the  partition 
bounds  was  not  to  be  within  twenty  Miles  of  Hudsons  River  &  they 
had  both  often  heard  him  say  soe  Cap'  Youngs  said  he  had  heard  often 
say  that  the  Line  was  to  be  twenty  Miles  from  Hudsons  River  &  had 
been  so  agreed  on  in  their  Writings  but  that  it  was  objected  that  the 
River  being  Crooked  it  Could  not  be  Done  &  So  it  was  agreed  on  to  run 
the  Line  by  a  Point  of  the  Compasse  w°.h  he  thinks  is  the  reason  of  the 
Mistakes  after  some  Debates  —  Mr.  Robert  Treate,  the  Governor  M' 
Allen  &c  withdrew  &  Staying  about  an  Hower  returned  wth  Proposi- 
tions that  what  they  should  Act  Should  be  Confirmed  by  his  Ma0?  & 
that  there  Should  be  consideration  of  the  Settlements  they  had  made. 

I  Certify  the  aforegoing  to  be  a  true  Copy  of  the  Record  remaining 
in  the  Secretary's  Office  of  the  State  of  New  York  Examined  and  Com- 
pared therewith  October  6^  1785. 

By  me  ROBT  HARPUR  D.  Secrf 
—  [If.  Y.  Col.  MSS.,  lxix,  9. 


ARTICLES 

Of  Agreem1,  Concluded  November  the  twenty  eighth  One  thousand 
six  hundred  Eighty  three  Betwen  the  Right  Honoble  Coll0. 
Thomas  Dongan  Governour  under  his  Roy11  High?  James  Duke 
of  Yorke  Albany  etc  of  New  Yorke  and  its  Dependencyes  and 
the  Councell  and  Robert  Treat  Esqr  Governour  of  Connecticutt 
Major  Nathan  Gold  Cap1  John  Allen-  Secretary  and  Mr  William 
Pitkin,  in  Commission  with  him. 

It  is  Agreed  that  the  bounds  Meares  or  Dividend  between  his  Roy" 
High6.8  Territoryes  or  Province  in  America  and  the  Collony  of  Connec- 
ticutt forever  hereafter  shall  begin  att  A  Certaine  Brook  or  River  called 
Byram  Brooke  or  River  which  River  is  between  the  Towns  of  Rye  and 
Grenwich,  that  is  to  say  att  the  Mouth  of  the  said  Brooke  where  it 
falleth  into  the  Sound  at  A  Point  Called  L[yon's]  Pointe  which  is  the 
Eastward  Point  of  Byram  River  And  from  th[e  s]aid  Point  to  goe  as 
the  said  River  Runneth  to  the  place  where  the  Common  Road  or  Wade- 
ing  place  over  the  said  River  is  and  from  the  said  Road  or  Wadeing 


Boundaries  of  the  State  of  New  York.  ^45 

place  to  goe  North  North  West  into  the  Country  soe  farr  as  will  be 
Eight  English  Miles  from  the  Aforesaid  Lyon's  point  and  that  A  Line 
of  twelve  M[il]es  being  measured  from  the  said  Lyon's  point  according 
to  the  line  or  Gennerall  Course  of  the  sound  Eastward  where  the  said 
tw[elv]e  Miles  Endeth  Another  line  shall  be  runn  from  the  Sound  Eight 
Miles  into  the  Country  North  North  West  And  alsoe  that  a  fourth  line 
be  Runn  that  is  to  say  from  the  Northmost  end  of  the  line  first 
menconed  unto  the  northmost  end  of  the  Eight  mile  line  being  the 
third  Menconed  line  which  fourth  line  with  the  first  menconed  Line  shall 
be  the  bounds  where  they  shall  fall  to  runn  And  that  from  the  East- 
ward End  of  the  fourth  menconed  Line  (which  is  to  be  twelve  miles  in 
Length)  A  Line  Parralell  to  Hudsons  River  in  every  place  twenty  Miles 
Distant  from  Hudsons  River  shall  bee  the  bounds  there  between  the  Said 
Territory  or  Province  of  New  York  and  the  said  Collony  of  Connec- 
ticut soe  far  as  Connecticutt  Collony  Doth  Extend  Northwards  that  is 
to  the  South  line  of  the  Massachusetts  Collony. 

Only  it  is  Provided  that  in  Case  the  Line  from  Byrams  Brooks  Mouth 
North  North  West  Eight  Mile  And  the  line  that  is  thence  to  runn 
twelve  Miles  to  the  end  of  the  third  foremenconed  line  of  Eight  Miles 
Doe  Diminish  or  take  away  any  Land  within  twenty  Myles  of  Hudsons 
River  that  then  soe  much  as  is  in  Land  Diminished  of  twenty  Miles 
from  Hudsons  River  thereby  shall  be  Added  out  of  Connecticutt  bounds 
unto  the  line  aforemenconed  Paralell  to  Hudson's  River  And  twenty 
Miles  Distant  from  it  the  Addition  to  be  made  the  whole  Length  of  the 
said  Parralell  line  And  in  Such  breadth  as  will  make  upp  Quantity  for 
Quantity  what  shall  be  Deminished  as  Aforesaid. 

That  what  Arrearages  are  Due  from  the  Towne  of  Rye  to  the  Collony 
of  Connecticutt  for  former  yeares  and  the  present  yeares  Rate  shall  be 
paid  to  Connecticutt. 

That  two  Surveyors  be  Appointed  the  one  from  New  Yorke  and  the 
Other  from  Connecticutt  to  make  A  Survey  and  Runn  the  before- 
menconned  Lines  Partitions  Limitts  and  bounds  between  his  Roy" 
High8.8  Province  of  New  "Yorke  And  the  Collony  of  Connecticutt 
and  the  Surveyors  Are  to  meete  att  the  towne  of  Standford  on  the  first 
Wednesday  of  October  next  Ensueing  And  to  be  Directed  by  one  of 
the  Counsell  and  two  more  Commissionated  from  Each  Goverm'. 

That  if  it  shall  Please  the  Kings  Majesty  And  his  Roy"  High"  to 
Accept  and  Confirme  these  Articles  they  Shall  be  good  to  all  Intents  for 
ever  between  his  Roy11  High"  and  his  heires  and  Assignes  And  the  Cor- 
poracon  of  Connecticutt  And  their  Successors  and  this  Agreem'  is  to  be 
in  full  force  Power  and  Virtue  from  the  Day  of  the  Date  hereof,  In 
Witnbsse  whereof  the  Parties  Above  menconed  have  to  these  Presents 
Interchangeably  Sett  their  Hands  and  Seales  at  fforte  James  in  New 


246  Copies  of  Documents  Relating  to  the 

Yorke  the  twenty  eighth  Day  of  November  in  the  thirty-fifth  [yeare] 

of  his  Maufs  Reigne  Annoq  Domm  1683 :. 

Signed  Sealed  and  Delivered]  ROBERT  TREAT        [l.  s.] 

in  the  presence  off.  NATHAN  GOLD         [l.  l.] 

John  Speagg  Secy  JOHN  ALLYN.  [l.  s  ] 

Matthias  Nicolls  WILLIAM  PITKIN,    [l.  s.] 

Geo  Beewebton 

— [JV.  T.  Col.  MSS.,  lxix,  10;   Conn.  Col.  Hec,  1678-1689,  p.  330. 


[Goveenob  op  Connecticut  to  Inhabitants  op  Rye.] 

Fayrefeild  December  3,  1683. 
Loveing  friends 

We  had  purposed  in  our  passage  to  Yorke  to  have  called  upon  you 
but  the  badness  of  the  weather  and  taking  our  passage  by  water  we 
mist  the  opportunity  of  seeing  you  in  our  going  theither  and  in  our 
return  and  therefore  we  take  this  first  opportunity  to  acquaint  you  that 
altho'  we  were  loath  to  have  parted  with  you  and  would  have  been  glad 
to  have  continued  you  in  this  Goverment  yet  the  providence  of  God 
hath  so  disposed  That  by  our  agreement  with  Govern!;  Dongan  we  are 
forced  to  part  with  you  and  could  not  help  it  and  the  Gov!'  promised  us 
that  he  would  not  by  his  change  alter  any  man's  Property  or  Propriety 
and  therefore  we  thought  it  necessary  to  acquaint  you  of  this  change 
and  also  to  advise  you  speedily  to  apply  to  him  to  grant  you  confirma- 
tion of  your  bounds  and  proprieties  which  we  doubt  not  but  he  will  do 
also  we  must  acquaint  you  that  you  must  by  our  agreement  pay  to  this 
Colony  this  years  rate  which  the  Treasurer  will  appoint  you  to  whom 
you  shall  pay  it  speedily  it  is  one  penny  half  penny  upon  the  pound 
according  to  the  list  presented  to  the  Gen!!  Court  Octo'  last  by  the 
agreement  with  the  Governor  Dongan  the  West  bounds  of  our  Colony 
is  now  Byram  River,  and  it  runns  as  the  river  till  it  comes  to  the  road 
and  from  thence  it  runs  north  Northwest  till  it  hath  run  eight  miles 
from  the  East  point  of  said  Byrams  River  Gentlemen  we  do  request 
you  to  be  satisfied  and  content  with  this  Change  and  to  cary  it  suitably 
to  the  Goverment  under  which  you  are  now  stated  and  apply  yourselves 
to  the  Honorable  Governor  who  is  a  noble  Gent",  and  will  do  what  you 
shall  desire  in  a  regular  Manner  to  promote  your  welfare  which  with 
best  respects  is  all  the  needful  from  yoT  assured  friends. 

[Endorsed]  ROBERT  TREATE  Governour 

These  for  Lu^  Joseph  Horton  NATHAN  GOLD  f 

v   HjRSIRT  JH1TR 

the  select  Men  Men  of  the  Towne     JOHN  ALLYN      f 
of  Rye  these  in  Rye 

Copia  vera 
David  Jamison  CI  County 
—[A7!  Y.  Col.  MSS.,  lxix,  11  ;  Sen.  Doc,  1857,  No.  165,  p.  112. 


Boundaries  of  the  State  of  New  York.  247 

[Report  of  Commissioners  and  Surveyors,  1684.] 
*  *  *  * 

By  Virtue  and  in  Pursuance  of  a  Commission  bearing  Date  the  Twenty 
Sixth  of  September  1684  from  the  Right  HonbIe  Coll  Thomas  Don- 
gan  Governour  Generall  of  all  his  Royall  Highnesses  Territories  in 
America  &c. 

Wee  Under  Written  did  upon  the  ffirst  Wednesday  of  this  Instant 
October  Meet  at  Stanford  Major  Nathaniel  Gold  Captain  Jonathan  Selleck, 
Ensign  Daniel  Sheerman  and  Mf  John  Herriman,  Surveyor  Commission- 
ated  by  a  Generall  Court  held  at  Hertford  as  by  the  Commission  Pro- 
duced bearing  Date  May  the  Eighth  1684  doth  fully  Appear  Wee  Went 
to  Lyons  Point  on  the  East  side  of  Byram  River  and  from  the  Mouth  of 
the  said  River  where  it  falls  into  the  Sea  Wee  Measured  up  the  said  River 
and  found  it  to  be  One  Mile  and  a  half  and  Twenty  Rodds  bearing  North 
half  Easterly  and  so  Came  to  a  Great  Stone  at  the  Wading  Place  where  the 
Road  Cutts  the  said  River  thence  Directed  our  Course  North  North  West 
p  R  Six  Miles  and  an  half,  and  there  Marked  Three  White  Oak  Trees 
as  in  the  M  argent,  then  Directed  our  Course  West  and  by  North 
Seaven  Miles  and  One  Hundred  and  Twenty  Rodds,  which  brought  us 
to  the  Northermost  end  of  a  Reach  of  Hudsons  River  which  Bears  wee 
judge  South  and  by  West  a  Quarter  Westerly,  and  North  and  by  East 
a  Quarter  Easterly,  which  abovesaid  Line  falls  upon  the  said  Reach 
about  Three  Miles  above  ffrederick  Phillips  upper  Mills  over  against 
Tapan  and  the  said  River  bearing  North  as  to  its  Generall  Course 
upwards  wee  Concluded  the  above  Mentioned  West  and  by  North  Line 
to  be  the  Shortest  from  said  Three  Marked  Trees  to  Hudsons  River,  and 
having  Unanimously  Concluded  that  Part  of  the  Sound  from  Lyons 
Point  Easterly  to  bear  East  North  East,  wee  did  from  said  Trees  at 
Eight  Miles  Distance  runn  a  Parrallell  to  the  Sound  (viz)  East  North 
East  Twelve  Miles,  and  Still  Continued  said  Twelve  Mile  Line  East 
North  East  One  Mile  and  Sixty  ffour  Rodds,  which  then  gave  us  Twenty 
Miles  from  Hudsons  River  and  is  Eight  Miles  North  North  West  from 
the  Sound. 

Then  finding  the  Oblong  of  Twelve  Miles  East  North  East,  and  Eight 
Miles  North  North  West  did  Diminish  Sixty  One  Thousand  ffour 
Hundred  forty  Acres  from  the  Twenty  Miles  upon  Hudsons  River,  wee 
Added  to  the  abovesaid  Twenty  Miles  upon  the  East  North  East  Line 
Three  Hundred  and  ffive  Rochis  more  to  Runn  at  the  Additional  Breadth 
Parrallell  to  Hudsons  River  till  it  Meet  with  the  Massachusetts  Line 
which  Wee  Deemed  One  Hundred  Distant  Miles  from  our  Eight  Mile 
Line,  Which  Several  Courses  with  their  Distances  together  with  Three 
Hundred  and  ffive  Rodds  Added  do  Cleerly  Appear  in  the  Piatt  by  the 
Surveyors   Drawn    and    hereto    Annexed   which    Addition    of    Three 


248  Copies  of  Documents  Relating  to  the 

Hundred  and  ffive  Rodds  wee  Referr  for  its  Confirmation  and  Ratifica- 
tion to  the  Two  Governments  from  whence  wee  are  Imployed,  and  that 
the  above  Written  is  a  true  Report  of  our  Proceedings  wee  have  this 
Tenth  Day  of  October  in  the  Year  above  Written  Subscribed  our 
Names. 

JOHN  YOUNGS  ] 

JOHN  BELL 

>  Commissioners  for  New  York 

NATH  GOLD 
JONATHAN  SELLICK 
DAN: SHERMAN 
JOHN  HERRMAN 


PHILLIP  WELLS 
ROBERT  WORKLAIN 


►  Commrs  for  Connecticut. 


— [JV.  T.  Col.  MSS.,  lxix,  14;    Council  Minutes,  viii,  249;  JV.  T.  Sen. 
Doc,  1857,  No.  195,  p.  114. 

[The  foregoing  "Articles  of  Agreement "  and  "  Report "  are  included 
in  the  Royal  "  Confirmation,"  etc.,  of  March  28,  1*700,  for  a  full  copy  of 
which,  see  vol.  i,  part  i,  of  this  Report  on  Boundaries,  p.  58] 


[In  Conn.  General  Court.] 

Hartford,  May  8,  1684. 
+  *  *  * 

This  Court  haveing  heard  the  agreement  made  by  the  committee 
appoynted  by  this  Court,  November  last,  about  the  setleing  of  bownds 
between  this  colony  and  New  York,  they  approved  of  what  was  done, 
and  appoynted  Major  Nathan  Gold,  one  of  the  Councill,  to  attend  the 
same,  with  Mr.  Jehu  Bur  and  Capt.  Jon :  Silleck  whoe  are  hereby  com- 
missionated  to  attend  the  service  of  layeing  out  the  line  between  the 
province  of  New  Yorke  and  Conecticutt  Colony,  according  to  the  agree- 
ment made  the  28th  of  November,  the  35  y'eare  of  his  Matles  Reigne, 
1683,  at  Forte  James  in  New  Yorke,  and  Mr.  Herryman  Surveyor,  with 
such  other  Gentlemen  as  shall  be  appoynted  from  New  Yorke,  and  they 
are  to  meet  at  Standford  on  the  first  Wednesday  in  October  next  to 
attend  the  sayd  service  ;  and  in  case  any  of  those  appoynted  by  Provi- 
dence should  be  disinabled  to  attend  the  service,  the  Governor  is  hereby 
desired  to  put  and  appoynt  some  suitable  person  or  persons  to  supply 
and  attend  the  service,  in  the  room  of  him  or  them  as  shall  be  disinabled 

attendance. 

*  *  *  * 

—[Conn.  Pub.  Rec,  1678-1689,  p.  141;  N.  Y.  Col.  MSS.,  lxix,  12. 


Boundaries  of  the  State  of  New  York.  249 

Report  and  Order  upon  the  JEhrl  of  Sterling's  claim  to  Long  Island.1 
At  the  Court  of  Hampton  Court  the         day  of  August  1689. 
Present  —  The  Kings  most  excellent  Matt  in  Councill 
Upon  reading  this  day  at  the  Board  a  Report  from  the  Right  Honble 
*,he  Lords  of  the  Committee  for  Trade  and  Plantations  in  the  words 
following 

May  it  please  Yr  Maty 

We  have  been  attended  by  the  Earl  of  Sterling  who  laies  claim  to 
the  Propriety  of  Long  Island  within  your  Mat7'  Province  of  New  York 
in  America  and  upon  examination  of  the  said  Earls  Pretensions  we  find 
that  ab'  the  year  1663  The  Earl  of  Clarendon  in  behalf  of  the  late  King 
then  Duke  of  York  did  treat  with  the  Earl  of  Sterling  for  his  Interest 
in  Long  Island  for  whoh  his  then  Royall  Higness  did  afterwards 
promise  to  pay  to  the  said  Earle  3500  ■  as  the  Lord  Berkly  informed 
him  which  the  said  E  of  Sterling  not  having  recd  In  the  year  1674 
the  said  Duke  of  York  in  consideration  of  the  Earle  of  Sterlings  releas- 
ing all  his  pretence  of  Right  and  title  to  the  Colony  of  New  Yk  in 
America  (whereof  Long  Island  is  part)  did  grant  unto  the  said  Earle 
of  Sterling  a  pension  of  300  pounds  P  Ann:  for  the  life  of  the  said 
Earle  out  of  the  surplusage  of  the  Neat  Profitts  of  the  Revenue  arising 
out  of  the  said  Colony  all  manner  of  charges  be  it  Civill  or  Military 
first  deducted  @  allowed,  with  a  contract,  That  if  in  any  year,  there 
should  not  be  sufficient  out  of  the  Neat  Profitts,  all  charges  allowed  to 
pay  the  said  Pension  as  aforesaid,  the  same  and  all  the  arrears  thereof 
should  be  paid  when  there  should  be  a  sufficient  Surplusage  in  any 
other  year  for  the  same,  But  there  having  not  hitherto  accrued  any 
neat  Profits  out  of  the  said  Pension  of  Three  hundred  Pounds  pr:  Ann: 
is  become  above  fourteen  years  in  Arrear,  We  most  humbly  offer  our 
opinion,  That  your  Maty  be  graciously  pleased  to  order  the  said  Pension 
of  Three  hundred  pounds  pr  Ann:  to  be  paid  to  the  said  Earle  with 
the  said  arrears  out  of  the  surplusage  of  the  neat  Profitts  of  the 
Revenue  of  the  said  Colony  as  the  same  shall  arise,  all  manner  of 
Charges  Civill  and  Military  within  the  said  Colony  being  first  deducted 

'Royal,  Grant  to  the  Duke  op  York,  1664,  1674. 
*  *  *  * 

These  grants  embraced  all  the  lands  between  the  west  bank  of  the  Connecticut 
River  and  the  east  bank  of  Delaware  Bay.  The  Duke  of  York  had  previously 
purchased,  in  1663,  the  grant  of  Long  Island  and  other  islands  on  the  New  England 
coast,  made  in  1635  to  the  Earl  of  Stirling,  and  in  1664  he  equipped  an  armed  expe- 
dition, which  took  possession  of  New  Amsterdam,  which  was  thenceforth  called 
New  York.  *  * 

— [  U.  8.  Comtitutions  (Poore),  ii,  1328. 


250  Copies  of  Documents  Relating  to  the 

pursuant  to  his  Grant  from  the  Duke  of  York  as  aforesaid,  And  that 
the  said  Earle  may  have  free  liberty  by  his  Agent  or  officer  at  New 
York,  yearly  to  inspect  the  publique  acct*  and  management  of  the 
Revenue  of  that  Colony  to  the  end  his  L6pp  may  be  fully  informed  of 
the  neat  Profitts  that  may  arise  out  of  the  said  Revenue,  to  be  satisfied 
and  paid  to  his  Lopp  in  such  manner  and  under  such  conditions  as  is 
before  exprest 

All  which  is  most  humbly  submitted 

His  Majesty  in  Councill  was  graciously  pleased  to  approve  of  the 
said  Report,  and  to  order,  as  it  is  hereby  ordered,  That  the  Governor 
or  Commander  in  Chief  of  New  York  for  the  time  being  do  cause  the 
said  Pension  of  300  "  P  Ann  to  be  paid  to  the  said  Earle  with  the  said 
Arrears  out  of  the  surplusage  of  the.  neat  Profitts  of  the  Revenue  of 
the  said  Colony  of  New  York,  as  the  same  shall  arise,  all  manner  of 
Charges  Civill  and  Military  within  the  said  Colony  being  first  deducted 
And  it  was  further  ordered  that  the  said  Governor  or  Commander  in 
Chief  do  also  permitt  the  said  Eai-le  to  have  free  liberty  by  his  Agent 
or  officer  at  New  York,  yearly  to  inspect  the  Publick  Accounts  & 
Managem*  of  the  Revenue  of  that  Colony,  to  the  end  his  Lopp  may  be 
fully  informed  of  the  Neat  Profitts  that  may  arise  out  of  the  said 
Revenue,  and  also  satisfied  and  paid  in  such  manner  and  under  such 
conditions  as  in  the  said  Report  is  exprest. 
—[A7:  Y.  Col.  Doc,  iii,  606. 


[In  Conn.  General  Court.] 

January  19,  1696. 

Voted  and  ordered  in  Councill  that  a  letter  be  sent  to  our  agent  in 
England,  to  signifie  to  him  that  we  meet  with  trouble  concerning  the 
bounds  of  our  Colonie  both  from  the  Province  of  the  Massachusetts 
Bay  and  from  Newyorke,  and  to  desire  him  to  improve  his  interest  for 
the  defence  of  our  just  rights  according  to  charter  against  any  that 
shall  uniustly  complain  against  us,  and  that  we  may  enioy  peaceably  all 
the  lands  comprehended  in  our  charter  without  molestation  on  the  east 
from  the  Province  of  the  Massachusetts,  and  on  the  west  according  to 
the  aggreement  between  the  comissioners  appointed  by  his  Majestie,  and 
comissioners  appointed  by  the  Colonie  of  Connecticutt,  bearing  date 
Novembr  ye  30th,  1664,  (a  copie  whereof  should  be  sent  to  his  honour)  at 
least  so  farre  as  may  be  for  the  security  of  those  townships  as  have  been 
granted  by  this  Colonie:  and  if  his  honour  should  return  to  this  land 
that  he  would  constitute  some  agent  for  us  to  defend  our  interest, 
according  to  our  charter  and  the  aggreement  aforesaid.     The  Assistants 


Boundaries  of  the  State  of  New  York.  251 

residing  in  Hartford,  with  the  Secretary,  are  appointed  by  the  Councill 
to  draw  the  letter,  and  to  send  it  to  his  honr  in  ye  name  of  the  Govern' 
and  Councill. 
—[Conn.  Pub.  Bee,  1689-1706,  p.  192. 


Order  of  the  King  in  Council  confirming  the  Agreement  of  1683, 
for  settling  the  boundary  between  new  york  and  connecti- 
CUT.    March  28,  1700. 

[For  a  copy  of  the  above,  also  referred  to  on  page  247,  see  vol.  i, 
part  i,  of  this  Beport  on  Boundaries  (Sen.  Doc,  1873,  No.  108),  p.  58; 
K  T.  Col.  MSS,  xliii,  102.] 


[In  Conn.  General  Assembly.] 

October,  1700. 
*  *  *  * 

This  Assembly  recieving  an  expresse  from  his  Majestie  that  the  line 
between  Newyork  Province  and  this  Colonie  be  as  the  Rettlment  or 
concession  by  our  commissioners  made  November  the  23, 1683,  doe  order 
that  a  signification  thereof  be  sent  to  the  inhabitants  of  Rye  and  Bed- 
ford, signed  by  the  Secretary,  that  they  are  freed  from  duty  to 
this  go  verm'  and  that  they  are  under  the  go  verm4  of  Newyorke. 

In  case  the  go  verm'  of  Newyorke  shall  desire  the  line  between  their 
Province  and  this  Colonie  to  be  renewed  by  persons  appointed  by  both 
goverm",  this  Assembly  doth  appoint  and  impower  Captn  Jonathan 
Sellick,  Lieu'  David  Waterbury  and  Lieu'  Sam11  Peck,  to  joyn  with  those 
appointed  by  the  goverin'  of  Newyork  in  runing  said  line  and  erecting 
boundmarks. 

— [Conn.  Pub.  Bee.,  1689-1706,  p.  335. 


[In  N.  Y.  Council.] 

May  30,  1701. 
*  *  *  * 

The  Governour  Produced  to  this  Board  an  Order  of  his  Majesty  in 
Councill  of  the  Eight  and  Twentyeth  Day  of  March  1 700  with  a  Letter 
from  his  Majesty  to  his  Late  Excellency  the  Earl  of  Bellomont  of  the 
Nine  and  Twentyeth  Ditto  Relating  to  the  Towns  of  Rye  and  Bedford 
wherein  his  Majesty  and  Councill  are  Pleased  to  Declare  the  said  Towns 
to  be  within  this  Government  which  were  Read  and  Ordered  to  be 
Entred  in  the  Councill  Book  and  follow  in  haec  Verba  [Here  follows 
the  order,  for  which  see  vol.  i,  part  i,  of  this  Beport  on  Boundaries, 
p.  58.] 


252  Copies  of  Documents  Relating  to  the 

William  R. 
Right  Trusty  and  Right  Welbeloved  Cozin  Wee  Greet  you  well 
having  Considered  tie  Reports  of  Comrai[ssioners]  Appointed  by  you 
in  behalf  of  our  Province  of]  New  York  on  one  side  and  of  Commis- 
sioners from  our  Colony  of  Connecticut  on  the  other  side  Relating  to 
the  Boundaries  of  the  said  Province  and  Colony  and  more  Particularly 
in  Order  to  the  Terminating  of  a  Dispute  Lately  risen  about  the  Right 
of  Goverment  over  the  Towns  of  Rye  and  Bedford;  Wee  have  thought 
fitt  with  the  Advice  of  our  Privy  Councill  to  Approve  of  and  Confirm 
an  Agreement  made  between  the  Governments  of  New  York  and 
Connecticut  in  the  Year  1683  and  a  Survey  made  in  Pursuance  thereof 
for  the  Settling  and  Fixing  of  the  said  Boundaries,  by  which  the  fore- 
said Towns  of  Rye  and  Bedfoi-d  are  Included  within  the  Province  of 
New  York  and  are  Accordingly  forever  hereafter  to  be  and  Remain 
under  the  Goverment  of  the  said  Proovince.  Wee  do  therefore  hereby 
Require  You  to  take  Care  that  our  Royall  Will  and  Pleasure  herein  be 
Punctually  Observed  According  to  our  Order  in  Councill  of  the  Twenty 
Eighth  Instant  which  is  herewith  Transmitted  to  you  so  Wee  bidd  you 
heartily  ffarewell.  Given  at  our  Court  at  Kensington  the  Nine  and 
Twentieth  Day  of  March  1700  in  the  Twelfth  Year  of  our  Reigne. 

By  his  Matles.  Command 

Jersey 
Examined  By 

Ja:  Alexander  Dep'  CI:  Con: 

[Endorsed]:  Coppy  of   the  Minutes  [of]  the  Councill  of  Newyork 

relateing  to  that  Part  of  the  Division  Line  between  the  Provinces  of 

Newyork  &  Connecticutt  run  in  October  1684 

— [JST.  Y.  Col  MSS.,  lxix,  14. 


[In  Conn.  General  Assembly.] 

October,  1710. 
*  *  *  * 

It  is  ordered  and  enacted  by  this  Assembly,  That  the  Hon"1  Nathan 
Gold,  Esqr,  Joseph  Curtis,  Esqr,  and  Peter  Burr,  Esqr,  shall  be  commis- 
sioned, (any  two  of  them  to  be  a  quorum,)  with  full  power,  under  the 
seal  of  this  corporation,  to  apply  themselves  to  his  Excellency  Coll0 
Robert  Hunter,  Governour  and  Commander  in  Chief  in  and  over  her 
Majesties  Province  of  New  York,  &c,  and  in  behalf  of  this  corpora- 
tion, to  pray  his  Excellency  to  joyn  with  said  commissioners,  such  and 
so  many  gentlemen  as  his  Excellency  shall  think  fit,  with  full  power  in 
behalf  of  the  said  Province  of  New  York,  to  run  the  dividing  line 
between  the  said  Province  and  this  Colony  of  Connecticut,  according 


Boundaries  of  the  State  of  New  York.  253 

to  the  establishment  thereof  made  by  his  late  Majestie  King  William 
the  third,  of  happy  memory,  in  Council,  the  28th  day  of  March,  Anno 
Dom.,  1700,  in  the  twelfth  year  of  his  said  Majesties  reign;  and  monu- 
ments and  bound  marks  upon  the  said  dividing  line  to  erect  and  make, 
such  and  so  frequent  as  the  commissioners  on  both  parties  shall  think 
necessary,  for  the  perpetual  limitation  and  bounding  of  the  said 
Province  and  this  Colony,  in  their  common  dividing  line;  as  also  inter- 
changably  with  the  commissioners  of  this  corporation,  to  seal  an  agree- 
ment in  behalf  of  said  Province,  to  the  line  so  to  be  run  and  marked 
out,  as  is  above  expressed ;  also  taking  with  them  a  surveyor,  and  such 
other  help  as  the  Honbl  the  Governour  shall  think  fit,  to  joyn  with  the 
commissioners  of  the  said  Province  of  New  York  to  be  appointed  as 
aforesaid;  and  in  behalf  of  this  corporation  with  them  to  run  and  mark 
out  the  line  abovementioned,  and  interchangably  with  the  commission- 
ers of  the  said  Province,  to  seal  the  agreement  abovementioned  to  be 
preserved  in  perpetuam  rei  memoriam,  and  prevent  all  such  disputes 
and  inconveniences  as  otherwise  might  haply  arise. 

*  *  *  # 

— [Conn.  Pub.  Rec>  1706-1716,  p.  184. 


Lords  of  Trade  to  the  Lord  High  Treasurer. 

May  15,  1712. 

To  the  most  Honble  the  Lord  High  Treasurer  of  Great  Brittain. 
My  Lord, 

Pursuant  to  your  Lordp'"  desire,  signifyed  to  us  by  Mr  Lowndes,  we 
have  considered  the  Petition  of  Rob*  Lee  Esqr  Executor  in  trust  for  the 
younger  Children  of  the  late  Earl  of  Sterling,  relating  to  a  large  tract 
of  land  in  America  comprehending  part  of  New  York  and  long  Islnd 
conveyed  by  the  said  Earl  to  His  Royal  Highness  the  then  Duke  of 
York  in  or  about  the  year  1663.  and  to  the  arrears  of  an  annuity  of 
£300  pr  annum  due  to  the  said  Earl  or  his  Executors,  in  compensation 
thereof,  the  whole  with  the  interest  amounting  (as  the  Petinr  sets  forth) 
to  the  sum  of  £9600,  and  take  leave  to  inform  your  Lordship.  That 
this  affair  has  formerly  been  under  the  consideration  of  the  Righ'  Honble 
the  Lords  of  the  privy  Council,  then  a  Comtee  for  Trade  &  plant',  that 
several  reports  have  been  made  thereupon  viz*  one  in  August  1689.  another 
in  May  1694.  and  one  by  this  Board  in  March  I70f,  all  agreeing  in  sub- 
stance, that  the  late  Earl  of  Sterling  did  about  the  year  1663.  assign  and 
release  unto  his  R1  Highness  the  then  Duke  of  York  all  his  interest  in 
the  said  lands  in  consideration  of  £3500  to  be  paid  him,  which  not  being 
done  His  said  Royal  Highness  did  by  Indenture,  bearing  date  in  Novr 
1764  grant  unto  the  said  Earl  of  Sterling  a  pension  of  £300  pr  annum 


254  Copies  of  Documents  Relating  to  the 

during  the  life  of  the  said  Earl  to  be  paid  him  out  of  the  surplusage  of 
the  neat  profits  of  the  Revenue  arising  out  of  New  York  all  maner  of 
charges  Civil  and  Military  first  deducted  and  allowed.  In  which  Inden- 
ture there  is  another  clause,  declaring  it  to  be  the  true  interest  of  all 
the  parties,  that  no  other  estate  real  or  personal  whatsoever  of  his  said 
Royal  Highness,  shall  be  lyable  to  the  payment  of  the  said  annuity  or 
pension,  other,  than  the  surplusage  of  the  neat  profits  of  the  said  Colony 
all  charges  as  aforesaid  being  first  deducted. 

But  in  regard,  we  are  not  possessed  of  the  Accounts  of  the  Revenue 
of  New  York,  we  do  not  know  how  the  same  has  been  expended  and 
are  not  therefore  able  to  inform  your  L6rdp.  whether  there  has  been  any 
surplusage  in  the  Revenue  there,  to  compensate  the  petit"  for  their 
pension  and  the  Interest  accruing  thereon. 
We  are  ettc: 

Winchlsea,  Ph.  Meadows,  Rob'  Monckton, 
C.  Turner,  G:  Baillie,  A.  Moore. 
15.  May  1712. 

—[AT.  Y.  Col.  Doc,  v.,  330. 


[In  Conn.  General  Court.] 

October,  1713. 

V  "I*  V  9 

It  is  ordered  and  enacted  by  this  Assembly ',  That  Jonathan  Law,  Esqr, 
of  Milford,  and  Capt.  Joseph  Wakeman  of  Fairfield,  shall  be  commis- 
sioned by  the  Honourable  the  Governour,  with  full  power  on  the  part 
andbehalf  of  this  government  to  joyn  with  such  commissioners  on  the 
part  and  behalf  of  the  Province  of  New  York  as  shall  be  thereunto 
authorized  in  like  manner,  to  run  the  dividing  line  between  the  said 
Province  and  this  Colony  of  Connecticut,  according  to  the  establish- 
ment thereof  made  by  his  late  Majestie  King  William  the  third  of 
happy  memory,  in  Council,  the  28th  day  of  March  anno  Dom.  1700,  in 
the  twelfth  year  of  his  said  Majesties  reign;  and  monuments  and  bound 
marks  upon  the  said  dividing  line  to  erect  and  make,  such  and  so 
frequent  as  the  commissioners  on  both  parties  shall  think  fit,  necessary 
for  the  perpetual  limitation  and  bounding  of  the  said  Province  and  this 
Colony,  in  their  common  dividing  line;  as  also  in  the  behalf  of  this 
Colony  with  the  commissioners  of  the  said  Province  interchangably  to 
seal  an  agreement  to  the  line  so  to  be  run  and  marked  out  as  above 
expressed;  also  taking  with  them  a  surveyor  and  such  other  help  as  the 
Honourable  the  Governour  shall  think  fit. 

*  *  *  ♦ 

—[Conn.  Pub.  Bee,  1706-1716,  p.  401. 


Boundaries  of  the  State  of  New  York.  255 

October,  1713. 

*  *  *  * 

This  Assembly  do  appoint  the  Worshipfull  Peter  Burr,  Esq1-,  to  be 
commissionated  by  the  Honourable  the  Governour,  in  addition  to  Mr. 
Jonathan  Law  and  Capt.  Joseph  Wakeman,  for  settling  the  divident 
line  between  the  Province  of  New  York  and  this  Colony,  and  that  those 
three  gentlemen  or  any  two  of  them  agreeing  shall  have  power  to  act 
therein,  in  conjunction  with  such  as  shall  be  appointed  for  that  service 
in  behalf  of  the  said  Province. 

*  *  *  * 

—[Conn.  Pub.  Bee,  1706-1716,  p.  406. 


[In  N.  Y.  Council.] 

February  10,  1717. 

His  Excellency  communicated  to  the  Board  Two  Letters  he  Received 
from  Governour  Saltonsall  Governour  of  Connectticut  containing  the 
said  Governours  propositions  in  Relation  to  the  Agreement  to  be  made 
between  that  Colony  and  this  for  Riming  the  Division  Between  the 
Two  Colony's1 
— [N.  Y  Council  Minutes  (MS.),  xi,  466. 


[Colony  of  New  Yokk.] 

An  ACT  for    *     *     raising     *     *     several  Quantities  of  Plate,  to  be 

applied  to  the  publick  and  necessary  Uses  of  this  Colony,     *     * 

Pass'd  the  23d  of  December,  1717. 

*  *  And  whereas  the  Partition  Lines  between  this  Colony  and  the 
Colony  of  Connecticut,  *  *  are  necessary  to  be  known  and  ascer- 
tained, *  *  And  whereas  there  is  not  at  this  Time,  any  money  *  * 
but  what  is  appropriated  to  particular  Uses,  *  *  for  the  answering 
any  sudden  Exigency  of  this  Colony  that  may  happen,         *         * 

1.  Be  it  Enacted  *  *  That  Bills  of  Credit  *  *  be  forth  with 
printed  and  Signed,  to  wit.         *  *  * 

— [N.  Y.  Laws  (Livingston  &  Smith),  i,  124.  125. 

1  These  letters  have  not  been  found. — [P. 


256  Copies  of  Documents  Relating  to  the 

[Colony  of  Connecticut.] 

An  Act  for  Perfecting  the  Running  of  the  Line  between  this  Colony 

and  the  Province  of  New  York. 

Passed  May,  1718. 

Whereas,  by  virtue  of  a  commission  from  this  government  bearing 
date  May  8th,  1684,  Nathan  Gold,  Jonathan  Seleck,  Daniel  Sherman, 
John  Harriman,  Esq'rs,  commissioners  for  this  government,  together 
with  John  Youngs,  John  Bell,  Phillip  Wells,  Robert  Vortlain,  commis- 
sioners for  the  Province  of  New  York,  did,  on  the  13th  day  of  October, 
in  the  year  aforesaid,  sign  to  a  survey,  which,  by  consent  and  order  of 
each  of  the  governments  aforesaid,  they  made  of  the  line  dividing 
between  the  said  Colony  and  Province,  according  to  an  agreement 
made  between  the  said  governments,  bearing  date  November  2Sth,  1683; 
whereby  it  appears  they  begun  the  said  line  at  the  mouth  of  Byram 
river,  and  carried  it,  as  that  river  runs,  to  a  great  stone  at  the  wading 
place,  where  the  road  cuts  the  said  river,  and  thence  north  north-west 
six  miles  and  a  half,  and  there  marked  three  white  oak  trees;  and  from 
the  said  trees,  at  eight  miles  distance,  run  a  parallel  line  to  the  Sound, 
which  was  allowed  to  be  east  north-east,  twelve  miles,  and  further  on 
the  same  course  one  mile  and  sixty-three  rods,  and  then  further  on  the 
same  course,  viz.,  east  north-east,  three  hundred  and  five  rods  more: 
Whereas  it  remains  that  the  said  line  be  perfected  by  running  a  line 
from  the  last  mentioned  station  to  the  south  line  of  the  Massachusetts 
Province,  which  line  is  to  be  run  parallel  to  Hudson's  River, . 

Be  it  therefore  enacted  by  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same,  That 
William  Pitkin,  Jonathan  Law,  and  Roger  Wolcott,  Esq'rs,  and  Capt. 
Joseph  Wakeman,  be  Commissioners  for  and  in  behalf  of  this  Colony, 
they  or  any  three  of  them,  taking  with  them  such  assistance  as  they 
shall  think  fit,  to  meet  with  such  commissioners  as  are  or  shall  be  in 
like  manner  appointed  for  and  in  the  behalf  of  the  said  Province  of 
New  York,  and  with  them  to  proceed  in  carrying  on  the  line  parallel  to 
Hudson's  river,  and  erecting  proper  monuments  thereon. 

And  it  is  enacted,  That  the  said  line  so  to  be  finished  and  compleated, 
when  it  shall  be  perfected  and  finished  in  such  manner,  shall  forever  be 
and  remain  the  dividend  line  between  this  Colony  and  that  Province. 
—[Conn.  Pub.  Rec,  1717-1725,  p.  56. 


Boundaries  of  the  State  of  New  York.  257 

[In  Conn.  General  Assembly.] 

October,  1718. 

*  *  *  * 

The  Governour  having  represented  that  his  Excellency  Governour 
Hunter  has  desired  a  meeting  of  some  commissioners  from  this  Colony, 
with  such  as  he  shall  appoint  from  that  government,  at  Rye,  or  West- 
chester, to  consider  what  method  may  be  best  taken  to  compleat  the 
running  of  the  line  between  that  Province  of  New  York  and  this  Colony, 
according  to  agreement  formerly  made,  and  confirmed  by  his  late 
Majesty,  King  William,  in  Council, 

Ordered  by  this  Assembly,  That  Peter  Burr,  Samuel  Eells,  and  Jona- 
than Law,  Esq'rs,  or  any  two  of  them,  be  Commissioners  on  the  part  of 
this  government,  to  attend  at  the  aforesaid  town  of  Rye  to  join  with 
the  gentlemen  from  New  York,  to  perambulate  the  line  where  it  has 
been  already  run,  for  the  quieting  the  complaints  and  disorders  of  the 
borderers,  and  to  consider  what  methods  may  be  used  for  the  proceed- 
ing with  the  divident  line  between  the  Governments,  according  to  the 
said  agreement,  and  to  conclude  on  some  certain  time  for  the  perform- 
ance of  it. 

*  *  *  * 

-[Conn.  Pub.  Bee,  1717-1725,  p.  71;  xVi  Y.  Col.  MSS.,\x\x,  17. 


[In  N.  Y.  Council.] 

October  28,  1718. 

*  *  *  * 

Then  was  read  a  Commission  granted  by  his  Excellency  to  Adolph 
Phillipse  Caleb:  Heathcott  George  Clarke  Isaac  Hicks  and  William 
Willet  Esq™  to  meet  Commissioners  from  the  Colony  of  Connecticut  on 
Wednesday  next  at  Rye  for  Concerting  measures  to  facilitate  the  Run- 
ning the  Division  Line  Betwixt  the  two  Colonies  according  to  the  Tenure 
of  the  acts  of  assembly  for  that  purpose  which  is  approved  of  by  this 
board  &  ordered  to  be  recorded  in  the  Book  of  Commissions 
— [iV.  Y.  Council  Minutes  (MS.),  xi,  551. 


[Commission.] 

Robert  Hunter  Esq'  Captain  Generall  and  Govr  in  Chief  of  the 

provinces  of  New  York  New  Jersey  and  Territories  thereon 

Depending  in  America  and  Vice  Admiral  of  the  same  &c  In 

Councill 

To  Adolph  Phillips  Caleb  Heathcote  George  Clarke  Isaak  Hicks  and 

William  Willett  Esq" 

Reposing  Especial  Trust  and  Confidence  in  yor  Knowledge  and 
Integrity  Have  Nominated  Constituted  and  Appointed,  and  I  Doe  hereby 
17 


258  Copies  of  Documents  Relating  to  tbe 

Nominate  Constitute  and  appoint  you  Commissioners  for  the  Province 
of  New  York  for  Concerting  Measures  &  Methods  with  Commissioners 
for  the  Colony  of  Connecticut  To  ^facilitate  the  Running  the  Division 
Line  betwixt  the  Provinces  of  New  York  and  Connecticut  According 
to  the  Tenure  of  Acts  of  Assembly  for  that  Purpose,  You  are  therefore 
on  Wednesday  next  to  Repair  to  Rye  and  there  to  Concert  Measures 
and  Methods  with  the  Commissioners  of  the  Colony  of  Connecticut  to 
facilitate  the  Running  of  the  Division  Line  aforesaid  According  to  the 
Tenure  of  the  Acts  of  Assembly  for  that  Purpose.  You  are  to  Carry 
with  you  a  Coppy  of  such  Part  of  the  Act  of  Assembly  of  this  Province 
as  Concerns  the  Running  of  the  said  Division  Line  A»  Also  an  Extract 
from  the  Councill  Books  of  this  Province  of  his  Late  Majesty  King 
Williams  Order  on  the  Report  of  the  Comm™  and  Surveyors  formerly 
named  for  Settling  said  Division  Line.  You  are  to  Demand  a  Copy  or 
a  Sight  of  the  Act  of  Assembly  of  the  Colony  of  Connecticut  past 
Lately  for  that  Purpose,  You  are  to  Putt  in  Writeing  on  the  spott  what- 
ever is  Transacted  by  you  and  the  Comm"  of  Connecticut  and  to  Inter- 
change Coppys  of  the  Same  when  Examined,  To  Prevent  Needless  Dis- 
putes, Let  anything  that  is  Proposed  by  other  side  be  Put  in  Writeing 
as  also  the  Answer  or  Objection  to  it  by  the  other  Party  if  any  such  is 
offered  or  arises,  You  or  any  Two  of  you  with  Mr  Faulconnier  as  Sur- 
veyor if  you  shall  think  it  Necessary  are  to  take  a  View  of  the  Line  so 
far  as  it  was  formerly  Run  from  By  ram  River,  So  that  you  may  be  Able 
to  Judge  whether  it  was  Run  According  to  the  Agreement  upon  which 
the  Order  Above  Mentioned  was  ffounded  And  Report  as  you  find  it 
takeing  with  you  a  Good  Instrument  and  What  Else  maybe  Requisite 
on  that  Occasion.  In  case  what  is  Material  be  agreed  upon  by  both 
sides  You  are  to  Condescend  upon  any  Particular  time  within  Twelve 
Months  after  the  Date  hereof  for  the  Running  of  the  Line  or  Remainder 
of  that  Line  which  is  to  be  hereafter  the  Partition  Line  between  the 
Two  Colonies,  for  Doing  of  all  which  this  shall  be  a  sufficient  Authority 
and  Commission  Given  under  my  hand  and  Seal  at  ffort  George  in  New 
York  this  Twenty  Eighth  Day  of  October  in  the  ffifth  Year  of  the  Reign 
of  our  Soveraign  Lord  George  by  the  Grace  of  God  of  Great  Brittain 
ffrance  and  Ireland  King  &c  Annoqua  Domini  1718 

Ro:  Huntee 

— \N.  Y.  Commissions,  in  office  of  Sec'y  of  State,  iii,  180;  JV.  Y.  Col 
MSS.  (Draft  of  Commission),  lxix,  16. 


Boundaries  of  the  State  of  New  York.  259 

[N.  Y.  Commissioners  to  Connecticut  Commissioners.] 

Gentlemen 

At  our  meeting  Yesterday  morning  wee  Communicated  to  you  the 
powers  with  which  we  came  for  concerting  measures  wth  you  to  facili- 
tate the  Running  the  division  line  betwixt  your  province  and  ours 
according  to  the  Tenor  of  Acts  of  Assembly  for  that  purpose,  esteeming 
our  Selves  very  happy  in  having  a  trust  of  Such  great  consequence  com- 
mitted to  us,  it  being  our  hearty  intentions  So  to  treat  of  those  affairs  as 
might  bring  all  matters  to  Such  an  Equitable  and  friendly  determination 
that  the  partition  lines  between  your  Government  and  ours  might  bee 
run  and  ascertained  to  the  Mutual  Satisfaction  of  both.-,  but  we  cannot 
but  Express  our  great  surprise  &  concern  to  find  you  so  Circumscribed 
by  the  powers  given  to  you,  as  not  to  be  at  liberty  to  come  to  conclu- 
sion on  any  of  those  particulars  which  we  yesterday  debated  and  which 
will  be  found  absolutely  necessary  to  be  determined  before  the  lines  can 
bee  run,  and  we  shall  be  very  Sory,  to  have  any  occasion  to  remember 
you  that  fur  want  of  sufficient  powers  from  your  Government  the  people 
inhabiting  the  borders  of  either  Colony  have  been  left  in  doubts  to  which 
they  owe  their  obedience,  and  that  from  that  uncertainty  so  Considerable 
number  of  his  MajtIes  Subjects  in  the  part  of  his  Dominions  on  this  Con- 
tinent should  take  a  pretence  of  living  independent  of  all  Government 

However  Gentlemen  from  the  discourse  we  have  had  we  hope  you  will 
indeavour  to  induce  your  Government  to  give  you  Such  further  powers 
for  treating  an  determining  all  necessary  preliminarys  for  Running  the 
partitition  Hnes  mention'd  as  Soon  as  may  be  that  that  affair  may  be 
brought  to  an  happy  Issue  and  that  you  will  make  your  application  to 
your  Gov*  to  get  an  Act  past  by  your  Assembly  to  the  same  Effect  with 
that  alredy  past  by  ours,  and  herewith  delivered  to  you,  that  those  lines 
when  run  may  be  Conclusive  to  your  province  as  by  that  act  they  are 
declared  to  be  to  ours. 

The  ends  proposed  will  be  so  advantagious  to  both  Colonies  and  so 
highly  necessary  for  the  due  administration  of  Justice  that  we  do  not 
doubt  they  will  considered  with  all  imaginable  honor  &  Equity.  We 
are  with  much  respect         Gentlemen  yr  most  humble  Servants 

CALEB  HEATHCOTE 
Rye  October  the  31"  1718  A.  PHILIPSE 

To  Peter  Burr  Samuel  Eels  G?.  CLARCKE 

and  Jonathan  Law  Esq"  Comm"  ISAAC  HICKS 

on  the  part  of  Connecticut  &c  Wm   WILLET. 

[Endorsed]:  Coppy  of  a  Letter  from  the  N.  York  Comiss™  to  the 
Comissioners  of  Conecticut.     3l!h.  Octob!  1718. 

— [N.  Y.  Col.  MSS.,  lxix,  19. 


260  Copies  of  Documents  Relating  to  the 

[Connecticut  Commissioners  to  N.  Y.  Commissioners.] 

Gentlemen 

We  think  we  are  not  mistaken  when  we  suppose  ye  special  occasion 
of  this  meeting  to  be  ye  Troubles  and  Disorders  of  ye  Borderers.  Nor 
when  we  understand  That  a  bear  Concerting  of  measures  for  ye  Com- 
pleting ye  whole  Division  Line  or  this  part  of  it  only  will  be  a  present 
or  future  Remedy.  Nor  when  we  are  of  y*  opinion,  that  a  practical 
Runing  of  this  part  of  ye  line  viz :  from  ye  Rock  to  ye  Oak  trees  markt 
&  described  in  ye  account  of  ye  Survey  would  be  an  effectual  Salvo  for 
that  End.  Neither  do  we  mistake  your  Comision,  Gentlemen,  as  we 
apprehend  under  Correction  when  we  take  your  Comission  to  be  exclus- 
ive of  all  practical  Performances.  Nor  when  we  say  ye  essential  part 
of  ye  Trust  Comitted  to  us  is  y°  putting  this  matter  (namely  ye  runing  of 
ye  line  where  this  Difficulty  on  ye  Account  of  ye  Borderers  ariseth) 
into  practice  immediately,  and  not  ye  Consideration  of  any  preliminary 
articles. 

Whence  we  Conclude  That  however  such  a  misunderstanding  has  hap- 
pened. That  ye  Disadvantage  to  our  present  Proceedings  for  removing 
ye  present  Difficulties  falls  rather  on  your  Commissioners  (Gentlemen) 
than  ours. 

And  further  we  would  represent  to  you  Gentlemen,  as  we  imagine, 
you  will  easily  believe  That  we  are  very  sorry,  that  it  has  so  happened. 
And  we  are  of  ye  same  mind  and  Desire  with  your  selves  That  such 
measures  for  ye  future  might  be  taken  That  ye  Comission s  on  both  sides 
might  be  mutually  known  and  agreed  to  before  any  meeting  of  Comis- 
sioners  be  appointed.     Thus  Gentlemen  we  subscribe  our  selves 

Your  very  humble  Servants 

Rye  Octobr  31st  1718  PETER  BURR 

SAML  EELLS 
JON??  LAW 
—  [JST.  Y.  Col.  MBS.,  lxix,  20. 


[N.  Y.  Commissioners  to  Governor  Hunter.] 

May  it  please  your  Excellency 

In  obedience  to  your  Excellence's  commission,  We  went  to  Rye,  and 
there  met  the  Commis?  from  the  Colony  of  Connecticut,  to  Whom  we 
communicated  such  part  of  our  powers,  as  We  Judged  necessary,  as 
They  likewise  did  Theirs  to  us,  Whereupon  we  had  several  debates, 
concerning  what  we  apprehended  to  be  the  principal  end  of  our  commis- 
sion (viz?)  the  concerting  and  fixing  measures  for  running  the  partition 
lines  between  both  colonies,  but  finding  that  their  powers  directed  them 
chiefly  to  the  perambulating  the  lines  run  in  1683,  and  gave  them  no 


Boundaries  of  the  State  of  New  York.  2(31 

authority  to  agree  on  any  measures  for  running  all  the  lines,  nor  y1  they 
brought  any  act  of  assembly,  obliging  their  Inhabitants,  as  ours  are,  We 
wrote  them  a  letter,  a  copy  of  which  we  inclose  to  your  Excellency,  at 
the  same  time  interchanging  copys  of  our  commissions,  so  farr  as  We 
judged  necessary,  and  they  having  given  us  the  inclosed  answer  to  our 
letter,  We  took  leave  of  Them  recommending  to  them  to  obtaine  ample 
powers  from  their  Government,  with  an  act  of  assembly  to  the  purport 
above  mentioned,  and  proposing  to  have  those  powers  agreed  on  by  both 
Governments,  that  a  future  meeting  of  Commis™  may  produce  the  end 
proposed.  The  Commis™  of  each  province  have  promised  to  intercede 
with  their  respective  Governments  that  the  Borderers  shal  remain 
unmolested  till  it  be  seen  whether  this  affair  can  be  brought  to  a  con- 
clusion.    We  are  with  all  possible  honor 

Sf 

your  Excellencys 

most  obedient  Servants 
Rye  October  the  31"  CALEB  HEATHCOTE 

1718.  .  .  AD  PHILIPSE 

GEO.  CLARKE 
To  his  Excellency  ISAAC  HICKS 

Brigadier  Hunter  WILLIAM  WILLETT 

— [1ST.  Y.  Col.  MSS.,  lxix,  18. 


[In  N.  Y.  Council.] 

November  13,  1718, 

*  *  *  * 

His  Excellency  communicated  to  this  board  a  Letter  from  the  Com? 
appointed  by  him  to  meet  ye  Comr."  from  Connecticut  at  Rye  to  Consert 
measures  for  Running  the  partition  Lines  betwen  both  Colony's  Giving 
him  an  account  of  their  proceedings  with  the  Letters  Interchanged  by 
the  Com™  on  both  sides. 

His  Excellency  acquainted  the  board  that  he  has  Given  orders  for 
putting  a  present  stop  to  ye  prosecution  ag".'  the  Borderers  till  it  be 
seen  whether  thee  Government  of  Connecticut  will  joyne  in  Running  of 
said  Lines 

*  *  *  * 

9 

— [IV.  Y.  Council  Minutes  {MS.),  xi,  569. 


262  Copies  of  Documents  Relating  to  the 

[Colony  of  Connecticut.] 

At  a  Meeting  of  the  Governour  and  Council  in  Saybrook,  December 

3d,  1718. 
*  *  *  * 

Whereas  there  are  several  difficulties  arisen,  which  have  hitherto  pre- 
vented the  execution  of  the  order  of  the  Assembly,  for  running  out  the 
line  of  division  between  this  government  and  the  Province  of  New  York  : 

For  the  removal  thereof,  it  is  ordered,  that  Jonathan  Law  and  Joseph 
Wakeman,  Esq'rs,  two  of  the  commissioners  appointed  by  this  govern- 
ment for  running  out  the  said  line,  do  as  soon  as  may  be,  taking  a  sur- 
veyor with  them,  and  what  other  help  shall  be  necessary,  and  particu- 
larly John  Cross  of  Windsor,  who  was  present  at  the  running  that  part 
of  the  line  already  stated,  and  that  they  make  tryal  of  the  said  line,  as 
it  was  so  run  and  stated  by  agreement  of  the  said  governments,  from 
Lyons  Point  at  the  mouth  of  Biram  River,  to  a  great  rock  at  the  Wad- 
ing Place,  where  the  great  path  passes  over  the  said  river,  and  from 
thence  to  the  three  oak  trees,  at  eight  miles  distance  from  the  said  Lyons 
Point,  and  from  the  said  trees  twelve  miles  east  north  east,  together 
with  the  addition  to  that  line  of  twelve  miles  of  one  mile  and  sixty  four 
rods,  and  three  hundred  and  five  rods,  according  as  is  expressed  in  the 
said  agreement  and  survey  thereon;  endeavouring  to  find  out  the  trees 
and  monuments  of  the  said  line  that  were  made  at  the  time  of  the  said 
survey,  and  make  report  of  what  they  shall  find,  to  the  Governour  and 
Council. 
—[Conn.  Pub.  Bee,  1717-1725,  p.  96. 


New  Haven,  March  Jl,  171$. 
*  *  *  * 

Whereas,  by  an  order  of  Council  of  the  third  of  December  last, 
Jonathan  Law,  Esq.,  and  Capt.  Joseph  Wakeman  were  appointed  to 
proceed  upon  the  business  of  the  line  between  this  government  and  the 
Province  of  New  York,  and  the  said  Mr.  Law  being  occasionally  pre- 
vented from  joyning  with  the  said  Wakeman  in  that  service:  It  is  now 
ordered,  that  the  said  Wakeman  do  proceed  in  the  business  without  Mr. 
Law,  according  to  the  direction  of  the  aforesaid  order  of  Council. 

The  charge  of  the  Governour  and  Council  at  this  meeting  is  allowed 
to  be  £17  8s.  2d. 

Ordered,  That  the  above  sum  of  seventeen  pound  eight  shillings  and 
two  pence  be  paid  to  the  respective  persons  to  whom  it  is  due,  out  of 
the  countrys  money  paid  in  to  the  superiour  court  at  their  sessions  in 
New  Haven  the  10th  instant. 
—[Conn.  Pub.  Bee,  1717-1725,  p.  102. 


Boundaries  of  the  State  of  New  York.  26S 

[Colony  op  Connecticut.] 
At  a  General  Assembly  Holden  at  Hartford  in  His  Majestys  Colony  of 
Connecticut  in  New  England  on  the   14th  Day  of  May  in  the  fifth 
Year  of  the  Reign  of  our  Sovereign  Lord  George  of  Great  Britain, 
&c  King  Anno  Domini  1719 

Whereas  the  line  between  this  Colony  and  his  Majestys  Province  of 
New  York  which  has  been  partly  run  and  stated  according  to  the 
agreement  of  the  Government8  of  the  said  Colony  and  Province  and 
approved  by  his  late  majesty  King  Wm  the  3d  in  council  the  28th  Day 
of  March  1700  is  not  fully  compleated  and  Whereas  it  is  of  great  con- 
sequence to  the  Peace  of  His  Majestys  Subjects  bordering  on  the  said 
Line  that  the  said  Line  be  carryed  on  fully  run  and  stated  according  to 
the  said  agreement 

It  is  therefore  Enacted  by  the  Governour  Council  and  Representa- 
tives in  General  Court  Assembled  and  by  The  authority  of  the  same 
That  William  Petkin,  Peter  Burr,  Samuel  Eell  and  Jonathan  Law  Esq" 
and  Mr.  John  Read  or  any  three  of  them  be  Comm"  on  the  part  of  this 
Government,  and  are  hereby  fully  Impowered  for  and  on  the  behalf  of 
this  Government  to  meet  with  such  Comm"  as  are  or  shall  be  for  the 
same  End  appointed  on  the  part  and  behalf  of  the  Government  of  New 
York,  and  to  agree  with  them  on  such  Preliminarys  and  Conclusions  as 
shall  be  needfull  for  the  carrying  on  Stating  and  compleating  the  said 
Line  according  to  the  said  agreement  and  Erecting  Monuments  therein, 
and  the  said  Commissioners  on  the  part  of  this  Governm'  or  any  three 
of  them  are  hereby  fully  Impowered  together  with  such  Coram"  on  the 
pai-t  of  the  Province  of  New  York  as  shall  in  like  manner  be  fully 
Impowered  to  perfect  the  running  of  the  said  Line  According  to  the 
said  Agreement  and  to  Erect  Monuments  therein. 

—[A7".  Y  Council  Minutes  (MS.),  xiv,  128;  Conn.  Pub.  Rec.,  1717-1725, 
p.  126. 

[In  N.  Y.  Council.] 

June  19,  1719. 
♦  *  *  * 

The  account  of  the  Charges  of  the  five  Commissioners  &  a  Surveyor 
appointed  to  meet  for  this  province  those  of  Connecticut  the  Last  fall, 
for  fixing  &  running  the  Division  Line  between  the  two  Governments 
was  read  and  referred  to  any  five  or  more  of  the  Gentlemen  of  this 
board. 
— [W.  Y.  Council  Minutes  (MS.),  xi,  633. 


264  Copies  of  Documents  Relating  to  the 

1718.    The  Colony  op  New  York    is   D"  to  Colo  W"   Willett  a 

Colo  Isaac  Hicks. 
To  4  Days  meeting  of  the  Commissioners  of  the  Colony  "1 

of  Connecticut  for  runing  the  Division  Line  be-  \  4  . , 

tween  the  Colonys  of  York  &  Connecticut. ....  J 

To  their  Expences  for  4  Days £4 :  — : 


WILLIAM  WILLETT 
ISAAC  HICKS 


May  it  please  yof  Excellency 
In  Obedience  to  your  Excellencys  order  in  Council  of  the  3?  Instant 
Referring  to  us  the  within  Ace'  of  Colo  William  Willett  and  Colo 
Isaac  Hicks  Wee  humbly  Report  that  Wee  have  examined  the  Same 
and  are  of  Opinion  that  your  Excellency  may  Issue  Warrant  to  the 
Treasurer  for  the  Payment  thereof  out  of  the  Money  appropriated  for 
the  purpose  in  the  said  Acct'  mentioned  being  in  full  the  sume  of  Eight 
pounds  all  wc.h  is  nevertheless  humbly  submitted  by  yo*  Excellencys 

Most  Obed'  humble  servants 
New  York  Nov  A  D  PEYSTER 

ye  7$  1720  B  WALTER 

JOHN  JOHNSTON  GERARD  BEEKMAN 

NA.  HARISON  T  BYERLEY 

—  NT.  Col.  MSS>,  lxiii,  8. 
[The  above  report  was  confirmed  in  Council,  Nov.  7/,  1720.] 


[Colony  of  New  York.] 

An  ACT  for  running  and  ascertaining  the  Lines  of  Partition  and 

Division  between  this  Colony ;  and  the  Colony  of  Connecticut. 

Pass'd  the  25th  of  June,  1719. 
Confirm'd  by  the  King  in  Council,  23d  of  Jan.  1723. 
Whereas  at  a  Council  held  at  Fort-James,  (now  Fort-  George)  in  this 
Colony  of  New- York,  on  the  Twenty-third  Day  of  November,  One 
Thousand  Six  Hundred  Eighty-three ;  at  whicb  Council,  Col.  Thomas 
Dongan,  then  Governor  of  this  Province,  and  the  Council  of  the  same, 
on  the  one  part;  Robert  Treat,  Esq;  then  Governor  of  the  Colony  of 
Connecticut,  Major  Nathan  Gold,  Capt.  John  Allen,  Secretary,  and  Mr. 
William  Pitkin,  Commissioners,  jointly  impowered'by  the  Government 
of   Connecticut,  on  the  other  Part;  did  conclude  and  agree,  touching  and 


Boundaries  of  the  State  of  New  York.  265 

concerning  the  running  and  ascertaining  the  Lines  of  Partition  and 
Division,  between  this  Province,  and  the  Colony  of  Connecticut ;  pur- 
suant to  which  agreement,  Commissioners  and  Surveyors  were  appointed 
and  commissionated,  to  wit,  John  Youngs,  John  Pell,  Philip  Wells,  and 
Robert  Vorklain,  on  the  l*art  and  Behalf  of  the  Province  of  New  -  York, 
and  Nathaniel  Gold,  Jonathan  Selleck,  Daniel  Sherman,  and  John 
Hariman,  on  the  Part  and  Behalf  of  the  Colony  of  Connecticut :  Which 
Commissioners  and  Surveyors,  appointed  and  commissionated  on  the 
Part  and  Behalf  of  Each  of  the  Governments  before  mentioned,  did 
repair  to  a  certain  Place  lying  on  the  East  Side  of  the  Mouth  of  Byranx 
River,  and  known  by  the  Name  of  Lyon's-Point,  and  by  Virtue  of  the 
Powers  and  Authorities  in  them  lodged,  did  agree,  determine,  and 
ascertain,  the  said  lines  of  Partition  and  Division,  between  the  Province 
of  New-  York,  and  Colony  of  Connecticut  aforesaid;  and  did  begin  at 
Jjy 'on's- Point,  on  the  Mouth  of  the  said  Byram  River,  and  did  actually 
survey,  run,  distinguish,  determine  and  mark  out,  such  Part  of  the  said 
Lines  of  Partition  and  Division,  as  did  ascertain  the  most  southerly 
Part  of  this  Province,  bordering  on  the  Colony  of  Connecticut,  and 
Part  of  the  most  easterly  Part  of  this  Province,  bounding  on  the  said 
Colony ;  and  did  also  ascertain,  determine,  and  fix  a  Point  or  Place  at 
eight  Miles  Distance,  on  a  North-North- West  Course  from  the  Sound; 
from  whence  a  Line  should  run  parallel  to  the  Sound,  so  far  easterly, 
until  it  brings  Hudson's  River  from  thence  the  Distance  of  Twenty 
Miles,  together  with  an  Addition  allowed,  as  an  Equivalent,  in  Lieu  of 
a  Concession  then  made  on  the  part  of  this  Province ;  and  from  thence 
a  Line  parallel  to  Hudson's  River,  until  it  came  so  far  northerly,  as  the 
Line  of  Partition  or  Division,  between  the  Colony  of  Connecticut,  and 
the  Colony  of  the  Massachusetts:  Which  Line  aforesaid,  to  be  run 
parallel  to  Hudson's  River,  under  the  Line  of  the  Massachusetts  Colony, 
was  to  be  the  Line  of  Partition  and  Division  between  this  Province, 
and  the  Colony  of  Connecticut.  All  which  said  Matters  and  Things 
agreed  on,  done,  determined  and  fix'd,  as  aforesaid,  was,  by  the  said 
Commissioners  and  Surveyors,  (appointed  and  commissioned  as  afore- 
said) reported  and  submitted  to  the  Governments  of  New  -  York  and 
Connecticut,  for  their  Allowance  or  Disapprobation  of  the  same:  And 
the  Governors  of  both  the  Colonies,  to  wit,  Col.  Thomas  Dongan,  Gov- 
ernor of  the  Province  of  New -York,  and  Robert  Treat,  Esq;  Governor 
of  the  Colony  of  Connecticut,  did  meet  at  the  Town  of  Milford,  in  the 
said  Colony  of  Connecticut,  and  there,  on  the  Twenty-fourth  Day  of 
February,  in  the  year  One  Thousand  Six  Hundred  Eighty-four,  both 
the  said  Governors  did,  in  the  Presence  of  John  Palmer,  John  Sprag, 
and  John  Youngs,  of  the  Province  of  New  -  York ;  and  Nathan  Gold, 
William  Jones,  John  Allen,  John  Nash,  and  William  Pitkin,  of  the 


266  Copies  of  Documents  Relating  to  the 

Colony  of  Connecticut ;  approve  of,  ratifie,  confirm  and  agree,  to  what 
had  been  done  by  the  Commissioners  and  Surveyors  aforesaid,  and 
ordered  the  same  to  be  entered  as  of  Record  in  the  Publick  Registers 
of  the  Province  of  New -York,  and  Colony  of  Connecticut ;  which  was 
accordingly  done,  and  appears  of  Record  in  the  Secretai*y's-Office  of 
this  Province.  All  which  said  Matters  and  Things,  done  and  agreed  on 
by  the  Commissioners  aforesaid,  and  ratified  and  agreed  to  by  the  Gov- 
ernors aforesaid,  as  well  as  the  Articles  of  Agreement  betwixt  the  said 
Governors  was,  by  his  Majesty  King  William  the  Third,  of  glorious 
and  immortal  Memory,  with  the  Advice  of  his  most  honourable  Privy 
Council,  on  the  Twenty-Eighth  day  of  March,  One  Thousand  Seven 
Hundred,  approved  of  and  Confirmed,  as  by  the  said  Order  of  Council, 
and  his  said  Majesty's  Letter  of  the  Twenty-ninth  Day  of  March,  to  his 
Governor  of  New  -  York,  entered  in  the  Secretary's-Office  of  this  Prov- 
ince, may  more  fully  and  at  large  appear. 

And  whereas  that  Part  of  the  Lines  of  Partition  an  d  Division,  betwixt 
this  Province,  and  the  Colony  of  Connecticut,  which  were  to  run 
parallel  to  Hudson's  River,  as  aforesaid,  were  never  actually  surveyed  and 
mark'd  out,  nor  the  Places  ascertained  and  distinguished,  through  which 
the  said  Lines  should  pass;  and  the  Marks  of  such  Part  of  the  Lines  of 
Partition  or  Division,  as  were  by  the  Surveyors  aforesaid,  then  run, 
mark'd  out,  and  distinguished,  are  by  Length  of  Time,  worn  out,  or 
by  the  Contrivances  and  wicked  Practices  of  evil  disposed  Persons, 
defaced,  or  altogether  taken  away  ;  so  that  without  running  them  a-new, 
the  Places  through  which  such  Lines  did  or  should  run,  are  not,  nor 
cannot  be  discovered  and  ascertained  ;  *  *  *  In  order  therefore  to 
prevent  the  Confusions  and  Disturbances  that  will  otherwise  unavoid- 
ably follow  ;  to  encourage  the  further  Settlement  and  Improvement  of 
this  Province;  and  that  such  Persons  as  are  already  settled  near  or 
adjacent  to  the  Lines  of  Partition  and  Division,  betwixt  this  Province, 
and  the  Colony  of  Connecticut,  may  peaceably  and  quietly  enjoy  the 
Fruits  of  their  Labour  and  Industry,  according  to  their  several  Rights; 

I.  Be  it  Enacted  by  the  Governor,  Council,  and  General  Assembly, 
and  it  is  hereby  Enacted  by  the  Authority  of  the  same,  That  his 
Excellency  the  Governor  of  this  Province,  or  the  Governor  and  Com- 
mander in  Chief  of  this  Province,  for  the  Time  being,  do,  by  Commis- 
sion under  the  Great  Seal  of  this  Province,  authorize  and  impower,  two 
or  more  such  Persons,  as  to  the  said  Governor  or  Commander  in  Chief, 
with  the  Advice  of  his  Majesty's  Council,  shall  seem  most  convenient 
and  fit,  in  Conjunction  with  the  Surveyer  General  of  this  Province,  or 
his  Deputy,  approved  of  by  the  Governor,  or  Commander  in  Chief  for 
the  Time  being,  with  the  Advice  and  consent  of  the  Council,  to  run, 
mark  out,  distinguish  and  ascertain,  the  Lines  of  Partition  and  Division, 


Boundaries  gf  the  State  of  New  York.  267 

between  this  Province,  and  the  Colony  of  Connecticut,  according  to 
the  Agreements  before-mentioned,  which  were  approved  and  allowed 
of,  by  the  late  King  William,  and  in  no  other  Manner  than  it  was 
agreed  and  approved  of,  as  aforesaid ;  and  the  said  Lines,  when  run, 
and  the  Places  distinguished,  through  which  they  shall  pass,  are  hereby 
Declared  and  Enacted,  to  be  the  Lines  of  Partition  and  Division, 
betwixt  this  Colony,  and  the  Colony  of  Connecticut ;  and  all  Persons 
whatsoever,  Bodies  Corporate,  and  Politick,  are  hereby  required  to 
take  Notice  thereof,  and  govern  themselves  accordingly,  any  Law  or 
Usage  to  the  contrary  hereof  notwithstanding. 

II.  And  whereas  it  is  the  Design,  Intention  and  earnest  Desire  of  the 
Legislature  of  this  Province,  that  the  Lines  of  the  Partition  and  Divi- 
sion, between  the  Colonies  of  New  -  York  and  Connecticut  aforesaid,  be 
not  only  run  truly  and  fairly,  but  amicably,  and  in  Conjunction  with 
Commissioners  and  Surveyors  to  be  legally  and  sufficiently  im  powered 
by  the  Government  of  Connecticut,  if  that  Government  shall  so  think 
fit;  Be  it  therefore  Enacted  by  the  Governor,  Council  and  General 
Assembly  of  this  Province  of  New- York,  and  it  is  hereby  Enacted  by 
the  Authority  of  the  same,  That  before  the  Commissioners  and  Surveyor 
General,  (or  Deputy  approved  of,  as  aforesaid)  appointed  and  commis- 
sioned under  the  Great  Seal  of  this  Province,  enter  upon,  and  begin  to 
run  and  ascertain  the  Lines  of  Partition  and  Division  aforesaid,  timely 
Notice  (not  less  than  nine  Months  before  such  beginning  to  run)  shall 
be  sent  to  the  Governor  of  Connecticut,  from  the  Governor,  or  Com 
mander  in  Chief  of  this  Province,  by  some  credible  Person,  (who  shall 
make  Oath  of  the  Delivery  of  the  same)  of  the  Time  when  the  said 
Lines  of  Partition  and  Division,  are  appointed  to  be  run  and  ascertained, 
in  order  that  Commissioners  and  Surveyors  may  be  appointed  by  the 
Government  of  Connecticut,  if  they  think  fit  to  act  in  Conjunction  with, 
the  Commissioners  and  Surveyor  General,  *  *  *  And  in  Case  the 
Government  of  Connecticut  shall  not  think  fit  to  appoint,  and  legally 
and  sufficiently  impower  and  authorise,  any  Persons  to  act  in  Conjunc- 
tion with  the  Commissioners  appointed  by  the  Province  as  aforesaid; 
it  shall  then  be  lawful  for  the  Persons  commissionated  on  the  Part  and 
Behalf  of  this  Province,  to  run  and  ascertain  the  said  Lines  of  Partition 
and  Division,  between  this  Province,  and  the  Colony  <~,f  Connecticut, 
and  to  put  in  Execution  the  several  directions  in  their  said  Commission 
contained,  according  to  the  true  Intent  and  Meaning  of  this  Act. 

III.  Provided  always,  That  this  Act,  nor  any  Part  thereof,  shall  be 
in  Force  until  his  Majesty,  his  Heirs  or  Successors,  shall  be  graciously 
pleased  to  give  the  Royal  assent  thereto. 
— \N.  Y.  Laws  (  Van  Schaack),  p.  115. 


268  Copies  of  Documents  Relating  to  the 

[Governor  Saltonstall  to  Governor  Hunter.] 
You  will  see  by  the  inclosed  Act1  the  Sincere  Desire  of  the  Assembly 
here,  to  have  ye  running  of  the  Line  compleated. 

We  have  made  some  Alteration  in  our  Commissioners,  but  the  Act  is 
as  full  as  wl  I  formerly  sent  you.  I  hope  yr  Assembly  will  concur;  Your 
Recommendation  of  It,  which  I  make  no  doubt  of,  will  have  a  good 
Effect,  with  such  as  may  have  the  Care,  during  Your  designed  absence; 
And  bring  on  that  Condition  which  can't  but  be  of  Service  to  both 
Governments. 

*  *  ♦  * 

Yr  Excellencys 

Most  obedient 
N  London  humble  servant 

July.  9th  1719.  G:  SALTONSTALL. 

— \N.  Y.  Col.  MSS.,  lxix,  22. 


[Colony  of  Connecticut.] 
At  a  Meeting  of  the  Governour  and  Council  in 

New  London,  November  3d,  1719. 

Ordered,  That  any  one  or  two  of  the  commissioners  appointed  by  the 
General  Assembly,  in  May  last,  for  settling  the  line  between  this  Colony 
and  the  government  of  New  York,  do,  as  soon  as  they  can  conveniently, 
with  a  surveyor  and  suitable  assistance  begin  at  the  eastermost  known 
bounds  between  the  said  governments,  which  is  commonly  called  and 
known  by  the  name  of  Dukes  Tree,  and  run  a  parallel  line  with  Hud- 
sons  River,  from  the  aforesaid  tree,  according  to  the  map  or  chart  of 
the  said  river  which  was  produced  in  the  said  Assembly  in  May  last, 
until  they  shall  extend  the  said  line  above  Ridgefield  or  the  norther- 
most  towns  on  that  side  this  government,  and  erect  certain  monuments 
which  may  be  readily  found  and  known. 

— [Conn.  Pub.  Bee,  1717-1725,  p.  164. 


April  2d,  1720. 
*  *  ♦  * 

Whereas  the  gentlemen  appointed  by  order  of  this  board  of  the  3d  of 
November  last,  to  run  the  line  between  this  Colony  and  the  Province  of 
New  York,  are  indisposed,  and  uncapable  to  attend  that  service:  It  is 
now  ordered,  that  Samuel  Eells  and  Joseph  Plat,  Esq'rs,  do  with  all 
convenient  speed,  with  a  surveyour  and  suitable  assistance,  begin  at  the 

'Probably  that  of  May  14,  1719,  for  which,  see  page  263.— [P. 


Boundaries  of  the  State  of  New  York.  269 

eastermost  known  bounds  between  this  government  and  the  said  Province, 
which  is  known  by  the  name  of  Dukes  Tree,  and  run  a  parallel  line 
with  Hudsons  River  from  the  aforesaid  tree,  according  to  the  map  or 
chart  of  the  said  river  which  was  produced  in  the  General  Assembly 
held  at  Hartford  in  May  last,  until  they  shall  extend  the  said  line  above 
Ridgefield,  or  the  northermost  towns  on  that  side  this  government,  and 
erect  certain  monuments,  which  may  be  readily  found  and  known. 
— [Conn.  Pub.  Rec,  1717-1725,  p.  170. 

State  of  the  British  Plantations  in  America,  in  1721. 

Copy  of  a  Representation  of  the  Lords  Commissioners  for  Trade  and  Plantations 
to  the  King  *  *  dated  September  the  8th  1721. 
[  NEW  ENGLAND.  1 
*  *  King  James  the  First,  did  by  his  Letters  patents  of  the  third  of  Novem- 
ber in  the  18th  year  of  his  Reign,  grant  to  the  Duke  of  Lenox  (under  the  name  of 
the  Council  of  Plymouth)  "All  that  part  &  portion  of  that  Country,  now  com- 
monly called  New  England,  which  is  situate,  lying  &  being  between  the  Latitude 
of  40  degrees  &  48  of  Northerly  Latitude,  together  with  the  Seas  &  Islands  lying 
within  one  hundred  miles  of  any  part  of  the  said  coast  of  the  country  aforesaid. " 

*  *  *  * 

[New  Hampshire  includes]  "All  that  part  of  the  main  Land  in  New  England, 

lying  upon  the  Sea  coast,       *       *       together  with  all  Islands  &  Islets  within  five 

Leagues  distance  of  the  premises,  and  abutting  upon  the  same  or  any  part  or  parcel 

thereof." 

*  *  *  * 

Massachusetts  Bay  includes]        *        *        all  Lands       *       *       lying  within 

the  said  bounds,         *        *        &  also  all  Islands  &  Islets  lying  within  ten  leagues 

directly  opposite  to  the  main  land,  within  the  said  bounds,        *        *  " 

*  *  *  * 

Rhode  Island  *  *  is  bounded  *  *  on  the  South  by  the  Ocean ; 
&  the  charter  for  this  Colony  particularly  grants  the  lands  belonging  unto  the  town 
of  Providence  [etc.]  &  the  rest  upon  the  main  land  in  the  tract  aforesaid,  together 
with  Rhode  Island,  Block  Island  &  all  the  rest  of  the  Islands  and  Banks  in  the 
Narraganset's  Bay,  &  bordering  upon  the  coast  of  the  tract  aforesaid,  Fisher's 
Island  only  excepted. 

*  *  *  * 
Connecticut  is  bounded  on  the  East  by  Narraganset  River,  commonly  called 

Narraganset  Bay,  where  the  said  River  falleth  into  the  sea,  on  the  North  by  the 
line  of  the  Massachusets  plantation,  &  on  the  South  by  the  sea. 

*  *  *  * 

*  *  New  York,  in  which  Long  Island  is  included,  is  bounded  on  the  South 
west  by  the  province  of  New  Jersey,  North  west  by  Delaware  river,  North  by  the 
french  settlements  on  Canada  river,  East  by  the  Colony  of  Connecticut,  &  South 
by  the  sea. 

*  *  *  * 

*  *  New  Jersey  is  bounded  on  the  East  by  Manhattan's  Island  &  Long  Island. 
&  part  of  the  Sea,  &  part  of  Hudson's  river,  on  the  West  by  Delaware  Bay  or 
river,  which  parts  it  from  Pennsylvania,  &  Southward  to  the  main  ocean,  as  far  as 
Cape  May,  at  the  mouth  of  the  said  Delaware  Bay  ;  *  *  * 

— [JV.  Y.  Col.  Doe.,  v,  594,  596,  599,  600,  602. 


270  Copies  of  Documents  Relating  to  the 

[In  N.  Y.  Council] 

March  21,  1722-3 

*  *  *  * 

His  Excellency  communicated  to  this  Board  a  Letter  from  Gordon 
Saltonstall,  Esqr  Governour  of  the  Colony  of  Connecticut  and  an  Act 
passed  the  General  Assembly  of  that  Colony  concerning  the  Partition 
Line  between  this  Province  and  that  colony  which  are  as  follows. — 

Sir 

The  Assembly  here  having  desired  me  to  move  to  your  Excellency 
that  the  Line  between  your  Province  and  this  Colony  which  has  been  in 
part  run  and  Stated  many  Years  since  may  be  compleated,  I  have 
inclosed  an  Act  which  was  passed  here  for  that  End  in  the  year  1T19, 
appointing  Commissioners  on  our  part,  which  is  still  in  force. 

The  Commissioners  of  both  Governments  met  on  this  service  in 
Governour  Hunters  time,  but  towards  the  Close  of  it  and  did  not  go 
through  it. 

The  work  itself  was  so  far  Carryed  on  before  it  was  laid  before  his 
late  Majesty  King  Wf  in  the  year  1 700  for  his  approbation  which  it 
then  had  that  nothing  remains  but  the  perfecting  of  it,  from  the  Last 
Station  that  was  then  Fixed  (and  known  as  it  has  been  ever  since  by  the 
name  of  the  Dukes  Tree)  by  running  from  thence  a  Line  parallel  to 
Hudsons  River  as  far  North  as  the  South  bounds  of  Massachusetts 
Province. 

There  seems  but  little  necessary  by  way  of  Preliminary,  but  to  know 
the  Course  of  that  River,  and  that  Survey  of  it  which  was  Antiently 
taken  by  some  Gentlemen  of  your  Province  and  which  has  been  some 
times  Shewn  to  the  Commissioners  of  this  Government  (and  thereof  I 
think  We  have  a  Copy)  is  what  I  believe  will  well  Content  us,  and  save 
the  Labour  of  a  new  Survey. 

Whenever  you  please  to  appoint  Commissioners,  ours  shall  be  directed 

to  Join  them  upon  that  Service,  I  conclude  Next  month  may  be  a  fit 

Season  for  it  and  hope  it  will  Soon  be  finished  when  they  get  about  it 

which  this  Government  is  very  Desirous  may  not  any  Longer  be  delayed 

Since  its  necessary  for  the  Quiet  of  the  Borders  and  Improvement  of 

their  Lands  I  am 

Your  Excellencys 

Most  Obedient  humble 

Servant 

G.  SALTONSTALL. 

New  London 

March  1 1th  1 722-3 


Boundaries  of  the  State  of  New  York.  271 

Ordered  that  the  said  Letter  and  Act  be  referred  to  the  Consideration 
of  the  Gentlemen  of  the  Council  or  Any  five  of  them  and  that  they  make 
Report  thereon  to  this  Board. 

His  Excellency  withdrawing  The  Gentlemen  of  the  Council  Resolved 
into  a  Committee  to  Consider  of  the  said  Letter  and  Act  and  after  some 
time  Spent  therein 

His  Excellency  Returning  to  the  Council  Chamber  took  his  place  — 

Then  Mr.  Alexander  Chairman  of  the  committee  to  whom  was  referred 
the  said  Letter  and  Act  in  his  place  Reported,  That  in  Obedience  to  his 
Excellency's  order  in  Council  of  this  Day,  referring  to  them  the  Consider- 
ation of  a  Letter  from  Gordon  Saltonstall  Esq^  Governour  of  the  Colony  of 
Connecticut  and  an  act  passed  the  Gen1  assembly  of  that  Colony  concern- 
ing the  Partition  Line  between  this  Province  and  that  Colony,  That 
they  have  Considered  of  the  same  and  also  of  what  has  been  done  relat- 
ing to  that  affair  Since  his  Late  Majesty  King  William  what  had  been 
done  by  the  first  commissioners  Of  both  Governments,  That  they  find, 
that  by  an  act  of  the  General  Assembly  of  this  Province  past  in  the 
year  1*717,  a  Fund  was  raised  to  defray  the  Charge  of  Perfecting  the 
Lines  Limits  and  boundarys  betwixt  the  two  Colonys.  That  upon 
Brigadr  Hunter's  giving  an  Account  hereof  to  Govr  Saltonstall  The 
Brigadr  Desired  that  some  Comra'!'  on  the  part  of  Connecticutt  might 
meet  Some  to  be  appointed  by  him  on  the  part  of  this  Province  to  the 
End  aforesaid. 

That  in  consequence  of  which  Comra"  met  at  Rye  in  October  1718. 
Those  for  this  Province  being  fully  Impowered  to  Treat  of  all  matters 
on  such  Equitable  measures  as  might  Ascertain  the  whole  Boundarys 
to  the  mutual  Satisfaction  of  both,  as  may  appear  by  their  Commission 
a  copy  of  which  they  then  Delivered  to  the  Comm™  for  the  Colony  of 
Connecticut,  as  Also  a  Copy  of  the  said  Act  so  far  as  it  relates  to  these 
Lines,  but  the  Comm"  for  the  colony  of  Connecticut  having  little  more 
in  Charge  than  the  Perambulating  the  Line  where  it  had  already  been 
run  as  may  appear  by  an  Act  or  order  of  the  General  assembly  of  Con- 
necticut dated  at  New  Haven  October  the  9th  1718. 

That  that  meeting  had  no  other  Effect  than  mutual  promisses  to  inter- 
ceed  with  their  Respective  Governments  that  the  Borderers  should 
i-emain  unmolested  till  it  was  Seen  whether  that  affair  could  be  brought 
to  a  Conclusion 

That  no  further  advances  in  this  affair  being  made  by  the  Colony  of 
Connecticutt,  The  General  Assembly  of  this  Province  having  at  Heart  the 
perfecting  of  the  Partition  Lines  before  more  Improvements  were  made 
on  the  Borders  and  to  quiet  those  that  live  on  or  neigh  the  same,  Past 
an  Other  Act  in  the  year  1719  whereby  it  was  Enacted  that  if  the  Gov- 


212  Copies  of  Documents  Relating  to  the 

ernment  of  Connecticut  did  not  Join  in  ascertaining  the  same  Lines  the 
same  might  be  performed  by  this  Government  Ex  parte,  But  the  Legis- 
lature of  this  Province  were  so  tender  of  the  Interest  of  their  Neigh- 
bours of  Connecticut  That  a  Clause  was  inserted  in  the  same  act  Declar- 
ing it  not  to  be  in  Force  untill  it  had  the  Royal  assent,  and  Even  then 
that  Power  was  not  to  be  put  in  practice  unless  at  least  nine  months 
previous  notice  was  given"  to  the  Government  of  Connecticut. 

That  by  both  above  mentioned  Acts  of  the  General  assembly  of  this 
Province  its  in  Express  words  Enacted  that  when  the  Lines  Limits  and 
boundarys  betwixt  the  two  Colonys  Should  be  fixt  and  ascertained  by 
Commr.8  and  Surveyors  of  both  the  same  should  be  Conclusive  to  all 
Bodys  Politick  and  Corporate  and  all  other  Persons  whatsoever. 

That  in  the  Act  of  the  General  Assembly  of  Connecticut  past  at 
Hertford  the  14*!1  May  1719  now  Referred  to  their  Consideration  by  his 
Excellency,  They  find  that  the  Gentlemen  therein  named  as  Commissi  are 
only  Impowered  to  agree  with  Coram"  of  this  Province  on  such  Pre- 
liminarys  and  Conclusions  as  shall  be  needfull  for  the  carrying  on  State- 
ing  &  Compleating  the  said  Lines  and  for  Erecting  monuments  therein 
without  the  least  Clause  or  Expression  to  bind  the  colony  of  Connecti 
cutt  or  its  Inhabitants  when  ascertained  in  so  Solemn  a  manner. 

That  the  Subjects  of  the  Colony  of  Connecticut  should  be  Concluded 
after  such  proceedings  as  well  as  those  of  this  Province,  They  ar< 
humbly  of  Opinion  that  the  General  Assembly  of  Connecticut  ough>:, 
to  make  such  a  Binding  Clause  as  has  been  done  by  the  General  Assem- 
bly of  this  Province  before  another  meeting  of  the  Commissioners  car 
be  of  any  real  use. 

When  such  a  Clause  is  past  and  transmitted  to  his  Excellency, 
Comm™  And  a  Surveyor  pursuant  to  the  acts  of  Assembly  of  this 
Province,  may  be  appointed  who  in  Conjunction  with  the  Commissioners 
of  Connecticut  may  settle  such  Equitable  and  necessary  Preliminary^ 
as  are  requisite  before  the  actual  Survey  be  set  about,  for  these  being 
agreed  on  there  will  remain  then  nothing  to  doe,  but  to  follow  the  Rules 
and  methods  concerted  in  that  manner,  after  which  such  monumentk 
may  be  Erected  and  such  Trees  markt  as  to  the  Commissioners  may 
Seem  meet  for  perpetuating  the  partition  Lines  to  be  ascertained. 

That  it  will  in  the  meanwhile  be  needless  to  Inquire  how  Easy  oi 
Difficult  this  Work  will  prove  because  that  Will  naturally  fall  undei 
the  Consideration  of  the  Commissioners  when  they  meet  to  settle  such 
Preliminarys  to  the  actuall  Survey. 

Which  Report  is  approved  of  by  this  Board. 

*  *  *  * 

— [N.  Y  Council  Minutes  (MS.)  xiv,  125;    JV.  Y  Col.  MSS.,  lxix,  23. 


Boundaries  of  the  State  of  New  York.  273 

[Instructions  as  to  Grants   op  Laxds  in  the  Province  of  New 

York.] 

Representation  of  the  Lords  of  Trade  to  the  King. 
*  *  *  * 

*  *  From  the  first  settling  of  the  British  Colony's  in  America,  the 
Governors  of  such  of  them  as  were  immediately  under  the  Government 
of  the  Crown  have  been  always  impowered  with  the  advice  &  Assent  of 
their  respective  Councils  to  make  grants  of  Lands  thei-e  to  such  pei-sons 
as  should  be  willing  to  settle  and  cultivate  the  same,  under  the  reserva- 
tion of  reasonable  Quit  Rents  &  Services  which  were  left  to  the  discre- 
tion of  the  said  Governors  and  Council     *     * 

My  Lord  Lovelace  about  this  time  [1708]  being  appointed  Governor 
of  New  York,  her  Majesty's  orders  upon  this  head  were  reduced  into 
the  form  of  an  instruction  in  the  following  terms. 

"  Whereas  we  have  thought  fit  by  our  order  in  Council  of  the  26  of 
"June  1708,  to  repeal  an  Act  past  at  New  York  the  27  of  Nov:  1702 
"  Entituled  an  Act  for  repealing  several  Acts  of  Assembly  and  declaring 
"other  ordenances  publish'd  as  Acts  of  Assembly  to  be  void;  and 
"whereas  by  the  said  order;  We  have  likewise  thought  fit  to  confirm 
"and  approve  an  Act  past  at  New  York  the  2  of  March  169g  entituled 
"  an  Act  for  vacating  breaking  and  annulling  several  exti-avagant  Grants 
"of  Land  made  by  Col:  Benjamin  Fletcher  late  Governor  of  this  Prov- 
"  ince  under  his  Majesty  by  the  confirmation  of  which  Act  several  large 
"Tracts  of  Land  (as  by  the  said  Act  will  more  fully  appear)  are  resumed 
"  to  Us,  and  are  in  our  disposal  to  regrant  as  we  shall  see  occasion  Our 
"  Will  &  pleasure  therefore  is,  that  you  may  regrant  to  the  late  Patentees 
"  of  such  resumed  Grants  a  suitable  number  of  Acres  not  exceeding  two 
"  thousand  to  any  one  person,  And  that  in  such  Grants  as  in  all  future 
"  Grants  there  be  a  reservation  to  us,  Our  Heirs  &  Successors  of  an 
"  yearly  Quit  Rent  of  two  Shillings  &  Six  pence  for  every  hundred 
"  Acres  with  a  Covenant  to  plant,  settle  and  effectually  cultivate  at 
"  least  three  Acres  of  Land  for  every  fifty  Acres  within  three  years  after 
"  the  same  shall  be  so  granted  upon  forfeiture  of  every  such  Grant 

"  And  for  the  more  convenient  and  equal  setting  out  of  all  Lands  to 
"  be  Granted  within  our  said  Province  of  New  York  Our  further  Will 
"  and  Pleasure  is  that  you  our  Govr  or  Comander  in  Chief  of  Our  said 
"  Province  for  ye  time  being,  the  Collector  of  our  customs,  our  Secretary 
"  &  Surveyor  General  of  New  York  for  the  time  being  (the  Surveyor 
"  Gen1  always  to  be  one)  or  any  three  or  more  of  you  &  them  do  set 
"out  all  lands  to  be  hereafter  granted,  and  that  therein  you  have 
"  regard  to  the  profitable  &  unprofitable  Acres  so  that  each  Grantee 
"  may  have  a  proportionable  number  of  one  sort  and  the  other ;  As 
18 


274  Copies  of  Documents  Relating  to  the 

"  likewise  that  the  length  of  Each  tract  of  Land  to  be  hereafter  Granted 
"  do  not  Extend  along  the  banks  of  any  River,  but  into  the  main  land 
"  that  thereby  the  said  Grantees  may  have  Each  a  convenient  share 
"of  what  accommodation  the  said  Rivers  may  afford  for  Navigation  or 
"  otherwise 

"And  to  prevent  any  impediment  which  the  production  of  Naval 
"  Stores  in  our  said  Province  may  receive  from  such  Grants  you  are  to 
"  take  care  y'  in  all  Patents  for  Land  there  be  inserted  a  clause  to 
"  restrain  the  Grantees  from  burning  the  woods  to  clear  the  Land,  under 
"  the  penalty  of  forfeiting  their  Patent,  And  you  are  to  use,  your 
"  endeavours  to  procure  an  Act  to  be  pass'd  in  the  Assembly  of  our 
"  Province  of  New  York  for  that  purpose 

"  And  lastly  our  pleasure  is  that  in  the  said  Patents  there  be  likewise 
"  a  particular  reservation  to  us,  Our  Heirs  and  Successors  of  all  Trees 
"  of  ye  Diameter  of  twenty  four  inches  &  upwards  at  twelve  inches  from 
"  ye  Ground  for  Masts  for  our  Koyal  Navy  as  also  of  such  other  trees 
"  as  may  be  fit  to  make  plank,  Knees  &Ctt  for  the  use  of  said  Navy. 

The  same  instruction  hath  been  continued  to  the  several  Governors 
that  succeeded  my  Lord  Lovelace  in  that  Province  But  we  find  by  Mr 
Coldens  mem[oria]'  that  several  exorbitant  Grants  formerly  obtained 
'without  previous  Survey  are  still  remaining  extended  by  great  fraud  & 
deceit  and  the  bounds  industi'iously  concealed  from  the  knowledge  of 
your  Majesty's  Officers         *         * 

*         *         it  is  evident  that  this  disorder  cou'd  never  have  happen'd 
had  the  lands  been  regularly  survey'd  before  they  were  granted  and 
the  grants  thereof  duely  registred  in  the  proper  offices '          *         * 
All  of  which  is  most  humbly  submitted 

J.  Chetwynd 
T.  Pelham 
M.  Beaden 
Whitehall  Septr  26.  1722. 
— \JV.  T.  Col.  Doc,  v.  650,  652,  654. 

1  The  foregoing  statement,  though  not  directly  relating  to  boundaries,  is  inserted, 
in  its  chronological  order,  on  account  of  the  connection  of  the  general  subject 
of  Land  Grants  with  certain  grants  of  islands  in  Long  Island  Sound,  the  records 
of  which  will  be  found  at  p.  273.  —[P. 


Boundaries  of  the  State  of  New  York.  275 

[Colony  of  Connecticut.] 
Connecticut  ss.     An  Act  for  corapleating  &  perfecting  of  the  Line 
of  Division  between  this  His  Majesties  Colony  of  Connecticut 
L.  s.     and  the  Province  of  New  York,  which  was  begun,  and  in  part 
fixed,  and  established  in  the  years   1683  &  1684  ;  the  remaining 
part  of  which  Line,  (notwithstanding  many  endeavours  to  have  it 
Run,  and  monuments  therein  erected,  in  Conjunction  with  the 
sd.  Province,  have  been  since  used,  and  Acts  passed  by  the  Assem- 
bly of  this  Colony,  and  by  vertue  thereof  Commissioners  sent  to 
attend   that   Service,  with  Such    Commissioners,   as   should   be 
appointed  by  the  Government  of  that  Province,   for  the  same 
service,)  continuing  yet  to  be  surveyed  &  fixed  by  monuments 
to  be  erected  therein. 
Whereas  the  Line  of  Division  between  this  his  Majesties  Colony  of 
Connecticut,  and  the  Province  of  New  York,  was  in  the  year  1683,  by 
agreement  between  the  Governments  of  this  Colony,  and  the  sa.  Province 
of  New  York,  removed  from  the  Place  where  it  was  antiently  esteemed, 
<fc  known  to  be,  and  determined  to  be,  &  forever  to  remain  in  another 
certain  Place,  begining  at  the  mouth  of  a  River  famously  known  by 
the  name  of  Byram  River  :  By  which  alteration,  several  Towns  Erected 
by,  and  belonging  to  the  s.d  Colony,  were  added  to,  and  become  part  of 
the  sd  Province  of  New  York  ;  And  whereas,  pursuant  to  the  sd  Agree- 
ment, Surveyours,  and  Commissioners  appointed  by  the  Government  of 
this  Colony,  and  that  Province  did  in  the  month  of  October  1684  meet, 
and  in  Conjunction  Survey,  and  make,  and  establish  Good  &  Sufficient 
Monuments  in  Part  of  the  sd.  Line  ;  That  is  to  say  beginning  at  a  Point 
called  Lions  Poin.t,  on  the  East  Side  of  the  sd.  Byram  River;  and  con- 
tinued the  sd  Line,  from  thence,  up  the  sd  River  One  Mile,  and  an  halfe 
and  twenty  Rodds,  to  a  great  Stone  at  the  wading  Place,  where  the 
Road  cuts  the  sd.  River,  and  from  thence  on  a  North  North  West  Course, 
six  Miles,  &  an  halfe,  and  there  marked  Three  White  Oak  Trees  with 
C  R  and  some  other  marks,  and  Inscriptions,  and  from  the  sd.  Trees,  con- 
tinued the  sd.  Line,  upon  an  East  North  East  Course  twelve  miles,  (which 
Eastern  End  of  the  sd.  twelve  miles,  is  in  the  sd  Agreement  appointed 
to  be  the  place  from  whence  a  Line  run  Paralell  to   Hudsons  River  and 
concluded  to  be  at  twenty  miles  distance  from  it,  is  to  be  run  as  far 
north,  as  the  South  Line  of  the  Massachusets  Province,)  should  be  the 
Line  of  Partition  between  the  sd.  Colony,  and  Province  of  New  York ; 
and  to  the  Eastern  End  of  the  s.d  twelve  mile  Line  the  sd.  Commissioners 
added  on  the  same  Course,  viz^  East  North  East,  One  mile  and  Sixty 
four  Rods,  where  a  white  Oak  tree  was  marked  with  the  Letters  C  R, 
and  a  Crown,  together  with  the  Effigies  of  his  then  Royal  Highness 
James  Duke  of  York,  to  whom  His  Majestie  King  Charles  the  second, 


276  Copies  of  Documents  Relating  to  the 

was  said  to  have  Granted  the  aforesd.  Province  of  New  York;  which 
Tree  has  ever  since  born  the  name  of  the  Dukes  Tree  and  is  famously 
known  by  the  sd.  name,  and  is  by  the  sd  Survey  Considered,  Stated  and 
Esteemed  to  be  twenty  miles  from  Hudsons  River ;  all  which  marks, 
and  monuments  have  been  ever  since  the  sd.  Survey,  fixing  of  them, 
famously  known,  as  they  are  at  this  Day. 

And  whereas  His  most  Excellent  Majestie  King  William  the  Third  of 
Glorious  Memory,  did  with  the  advice  of  His  most  Honourable  Privy 
Council  on  the  28tl1  day  of  March  1700,  approve  of,  and  Confirm  the  sd. 
Agreement,  and  Survey,  and  the  Line  thereby  Settled  and  Concluded, 
to  be  the  Dividend  Line  between  this  Colony  and  the  sd.  Province,  That 
is  to  say,  did  Ordain  that  the  sd.  Line,  so  far  agreed,  Run  and  Fixed, 
and  a  Parallel  Line  to  Hudsons  River,  to  be  Run,  and  Fixed  according 
to  the  s?  Agreement,  should  for  ever  be,  and  remain  the  Dividend  Line, 
and  Boundary  between  the  sd.  Colony,  and  Province. 

And  whereas  that  part  of  the  Line  of  Partition  between  this  Colony 
and  the  Province  of  New  York,  which  is  to  run  Parallel  to  Hudsons 
River,  has  never  yet  been  actually  Surveyed,  and  fixed  by  Commis- 
sioners from  Each  Government,  nor  the  Places  through  which  the  sd.  Line 
should  Run  discovered,  and  distinguished,  by  proper  monuments  Erected 
in  them  ;  which  has  been  a  great  Prejudice  to  the  Plantations,  and 
Towns  within  this  Colony  bordering  on  that  Line,  Occasioned  many 
Disorders,  and  discouraged  the  setlements  &  Improvement  of  the  Land 
in  those  Parts  ;  Great  Quantities  of  which  under  Colour  of  belonging 
to  the  Province  of  New  York  have  been,  and  are  Claimed  by  Several 
Persons  of  that  Province,  by  vertue  of  certain  Pattents,  which  they 
declare  will  Extend  to  a  much  greater  Distance  from  Hudsons  River, 
than  the  afores?  Parrallel  Line  to  that  River,  as  appointed  to  be  Run 
and  Fixed.  And  the  Running,  Stating  and  Erecting  Monuments  in  the 
sd.  Parallel  Line  being  of  Great  Necessity  to  be  done  as  Speedily  as 
may  be. 

For  the  Preventing  of  all  Such  Inconveniences  and  Disorders,  and 
that  those  that  are  or  may  be  setled  on  or  near  the  sd.  Line,  either  in 
this  Colony,  or  that  Province,  may  be  Incouraged  in  their  Setlements, 
and  have  no  Occasion  of  any  Difference,  for  want  of  having  the  sd. 
Parallel  Line  of  Boundary,  between  the  Governments  ascertained,  and 
Sufficient  monuments  whereby  It  may  be  known  Erected  therein. 

And  whereas  also  many  Applications  made  by  the  Government  of 
this  Colony,  to  the  Government  of  that  Province  to  obtain  their  Con- 
currence, in  Runing  and  Stating  the  sd.  Parallel  Line  have  not  prevailed 
to  obtain  any  Such  Concurrence  on  their  Part;  But  when  Commissioners 
have  been  Authorized,  on  the  Part  &  behalfe  of  this  Colony,  to  attend 
the  sd.  work  in  Conjunction  with  such  Commissioners,  as  on  the  part  and 


Boundaries  of  the  State  of  New  York.  27? 

behalfe  of  sd.  Province  might  be  Impowered,  to  attend  the  sd.  service;  and 
when  the  Commissioners  of  this  Colony,  so  Impowered  have  at  Consider- 
able Expence,  Several  times  attended  the  same;  The  Commissioners 
appointed  on  the  behalfe  of  that  Province  have  by  Several  Difficulties 
alledged,  Objections  raised,  hitherto  prevented  the  Runing  &  Stating 
the  sd  Parallel  Line. 

And  whereas  by  an  Act  lately  passed  by  the  Government  of  the 
Province  of  New  York,  Intituled  "  An  Act  for  paying  &  Discharging 
"several  Debts  due  from  this  Colony  to  the  persons  therein  named  &c: 
There  is  a  Paragraph  in  these  Terms  ["  And  whereas  that  Part  of  the 
"Lines  of  Partition  and  Division,  betwixt  this  Province  and  the  Colony 
"  of  Connecticut,  which  were  to  run  Parallel  to  Hudsons  River  as 
"  aforesl  (Reference  being  therein  had  to  the  aforesd.  agreement,  men- 
"  tioned  in  a  former  Paragraph  of  the  same  Act)  were  never  Actually 
ft  Surveyed  and  marked  out,  nor  the  places  ascertained,  or  distinguished, 
"through  which  the  sd.  Lines  should  Pass;  and  the  marks  of  such  parts 
"  of  the  sd.  Lines  of  Partition  and  Division,  as  were  by  the  Surveyours 
"  aforesd.  then  Run,  marked  out,  and  distinguished,  are  by  length  of  time 
"  worn  out,  and  by  the  Contrivances,  and  Practices  of  Evil  disposed 
"  Persons  defaced  or  altogether  taken  away,  So  that  without  runing  them 
"  anew,  the  Places  through  which  such  Lines,  did  or  should  Run,  are  not, 
"  nor  cannot  be  discovered.] 

By  which  it  appears  that  the  Government  of  the  sd.  Province  is 
determined  not  only,  not  to  Concurr  in  the  Runing  the  aforesd  Parallel 
Line,  but  also  as  much  as  in  them  lies,  utterly  to  make  void,  and  destroy 
that  part  of  the  sd.  Division  Line  which  according  to  the  Agreement 
ai'oresd.  was  Actually  Run,  and  Fixed,  and  Confirmed  by  His  late 
Majestic  King  William  as  aforesd.  under  Colour  that  It  cannot  now  be 
discovered,  what  Places  the  sd.  Part  of  that  Line  of  Division  was  stated 
to  Run  thorow,  tho  many  of  the  sd  Places,  are  in  their  Nature  Such  that 
no  Art  or  wickedness  of  men  can  Alter  or  Remove,  and  the  Rest  appear 
by  Iucontestible  Proof,  and  Evidence  to  be  and  Remain,  and  are 
famously  known  to  this  Day. 

And  whei'eas  by  several  other  Clauses  in  the  sd.  Act  it  is  Evident 
that  the  Government  of  the  sd.  Province  is  not  willing  to  stand,  & 
abide  by  the  sd.  Part  of  the  Division  Line,  so  Run  &  marked  as  af oresd. 
according  to  the  true  Intent  of  the  sd.  Agreement,  but  are  determined 
to  Endeavour  the  Destruction  of  what  has  been  already  done  Pursuant 
thereto,  tho  Confirmed  by  His  Majestie  King  William  as  aforesd.  (in  the 
year  1700). 

And  whereas,  therefore  It  may  well  be  thought  that  any  farther 
Applications  to  thesd.  Government  to  obtain  their  Joyning  with  us, 
in   Causing  the  sd.  Parallel  Line  from  the  sd.  Dukes  Tree,  to  be  Run, 


278  Copies  of  Documents  Relating  to  the 

and  monuments  Erected  therein,  will  be  as  the  former  utterly 
Fruitless. 

Be  It  therefore  Enacted  by  the  Governour,  Council  &  Representatives 
in  General  Court  Assembled ;  That  the  Agent  of  this  Colony  Jeremiah 
Dummer,  Esqr.  do  in  Our  Name  and  behalfe  Humbly  Supplicate  Our 
Sovereign  Lord  King  George,  that  His  Majestie  would  be  Graciously 
pleased  to  Order  the  Government  of  the  sd.  Province  of  New  York,  that 
they  should  Joyn  with  us  in  the  Runing,  Stating  and  Fixing  the  sd 
Parallel  Line,  according  to  the  true  Intent  and  meaning  of  the  sd.  Agree- 
ment and  Survey  ;  That  is  to  say,  from  the  sd.  Tree  at  the  End  of  the 
fourth  Line  concluded  upon  in  the  sd.  Agreement,  marked  and  known 
by  the  name  of  the  Dukes  Tree,  'till  It  shall  Extend  to  the  south  Line 
of  the  Province  of  the  Massachusets  Bay,  to  be  and  remain  in  that  Part 
the  perpetual  Boundary  between  this  Colony  &  that  Province ;  as  in 
the  other  part  the  Line  from  Lyons  Point  to  the  sd.  Dukes  Tree,  at 
the  End  of  the  fourth  Line,  mentioned  in  sd.  Agreement  is,  and  ought 
to  be  ;  and  that  a  Copie  of  this  Act  be  transmitted  to  the  sd.  Agent  for 
the  same  End ;  And  that  It  may  nevertheless  appear  how  desirous  we 
are  of  an  Amicable  Composition  of  this  matter  with  the  Government 
of  New  York,  before  the  transmitting  of  this  Act  to  our  Agent. 

It  is  hereby  further  Enacted  by  the  Authority  aforesd.  that  a  Copie  of 
this  Act  attested  with  the  publick  Seal  of  this  Colony  be  forthwith 
transmitted  by  the  Governour,  to  His  Excellency  William  Burnet  Esq' 
Governour  of  the  sd  Province  of  New  York,  together  with  a  Letter 
desiring  if  It  may  be,  That  Commissioners  with  a  Surveyour  on  the  Part 
of  the  Province  of  New  York  may  be  appointed  to  Joyn  Commissioners 
with  a  Surveyour,  to  be  appointed  on  the  part  of  this  Government,  to 
Run  and  mark  out  the  sd.  Parallel  Line. 

And  It  is  further  Enacted  that  if  the  Government  of  the  sd  Province 
shall  thereupon  at  any  time  within  two  months  after  the  last  Day  of 
this  Instant  May,  think  fit,  and  appoint  Commissioners,  and  a  Surveyour 
fully  Impowered,  in  Conjunction  with  Commissioners,  and  a  Surveyour 
in  like  manner  to  be  appointed  and  Impowered  on  our  Part,  So  to  run 
&  mark  out  the  sd  Parallel  Line  of  Division  between  the  Governments, 
and  give  notice  thereof  to  the  Governour  of  this  Colony.  That  then 
the  Governour  of  this  Colony  for  the  time  being,  by  and  with  the 
advice  and  Consent  of  the  Council  Shall  appoint  Commissioners  with  a 
Surveyour,  on  the  part  of  this  Government,  and  give  them  a  Commission 
under  the  Seal  of  this  Colony,  fully  enabling  them  in  Conjunction  with 
Commissioners  &  a  Surveyour  appointed  and  in  like  manner  Impowered 
by  the  Government  of  the  Province  of  New  York,  to  run  the  sd  Parallel 
Line,  and  set  up  Marks  and  Monuments  therein  in  all  suitable  Places 
thr6  which  the  sd  Parallel  Line  shall  Pass. 


Boundaries  of  the  State  of  New  Fork.  279 

And  the  s*  Parallel  Line  So  Run  &  Marked  out  as  afores?  shall  for- 
ever be  and  Remain  in  that  Part  the  Line  of  Division  or  Boundary 
between  this  Colony  and  the  Province  of  New  York;  as  the  Line  already 
Stated  and  marked  out  in  the  other  Part  viz^  from  Lyons  Point  to  the 
Dukes  Tree,  is  already  appointed  to  be  and  Remain.    . 

And  It  is  further  Enacted,  that  upon  the  neglect  or  Refusal  of  the 
Government  of  the  Province  of  New  York  to  agree  with  us,  in  the  Run- 
ing  &  Fixing  the  s*  Parallel  Line  as  is  above  Expressed,  the  Agent  of 
this  Colony  shall  have  this  Act  transmitted  to  him  without  Delay,  and 
be  directed  to  use  his  utmost  Endeavours  to  Obtain  His  Majesties  most 
Gracious  Order  for  the  Runing  &  Fixing  s*  Parallel  Line,  that  the 
Improvement  of  the  Lands  bordering  on  the  sd.  Line  may  no  longer 
remain  under  such  Discouragement,  and  that  His  Majesties  Subjects  in 
those  Borders  of  this  Colony,  and  the  Towns  which  we  have  setled 
there,  may  be  quieted  in  their  Just  Properties  and  Improvements. 
A  True  Copy  of  Record 
Examd 

g r  THOS.  WYLLYS  Secret'y 
Att  a  Generall  Assembly 
Holden  at  Hartford  May 
ye  9*?  Anno  Dom —  1723 
— [JV.  Y.  Col  MSS.,  lxix,  24  ;  Conn.  Pub.  Bee.,  1 71  7-1 725,  p.  382. 


[In  N.  Y.  General  Assembly.] 

June  28,  1723. 

*  *  *  * 

* 

Upon  reading  an  Act,  passed  in  the  Colony  of  Connecticut,  the  9th 
Day  of  May  last,  relating  to  the  Division  Lines  between  that  Colony  and 
this,  and  finding  not  only  Matters  of  Fact  misrepresented,  but  also  a 
Charge  upon  this  Government,  as  if  they  had  evaded  the  running  and 
perfecting  of  the  said  Lines,  though  the  contrary  doth  and  may  appear, 
as  well  by  two  several  Acts  of  the  General  Assembly  of  this  Colony,  as 
by  the  Endeavours  used  on  the  Part  of  this  Government,  in  Consequence 
of  those  Acts. 

It  is  the  Opinion  of  this  House,  That  a  Committee  to  be  named  by 
them,  who  in  Conjunction  with  a  Committee  of  the  Council,  should 
make  their  Observation  upon  the  Act  first  mentioned,  and  lay  the  same 
before  this  House. 

Ordered,  That  Mr.  Speaker,  Col.  Morris,  Mr.  Philipse,  Capt.  Jansen, 
and  CoL  Provoost,  or  any  3  of  them,  be  a  Committee  of  this  House,  for 
that  Purpose;  and  that  the  Speaker  desire  his  Excellency,  that  he  will 


280  Copies  of  Documents  Relating  to  the 

be  pleased  to  appoint  a  Committee  of  the  Council  likewise,  for  the  Pur- 
pose aforesaid. 

*  *  *  ♦ 

— [A7!  Y.  Legis.  Assem.  Journal,  i,  497. 


[In  Council.] 

New  York,  June  28,  1723. 
*  *  *  * 

Ordered  That  Cap^  Walter  Mf  Clarke  Mr  Harison  Doctor  Colden  and 
M!  Morris  Junf  or  any  three  of  them  be  a  Committee  to  Join  a  Com- 
mittee of  the  House  of  Representatives  for  the  purposes  in  the  said 
Message,  and  that  the  said  Committee  do  meet  to  morrow  at  Three  in 
the  Afternoon  at  the  House  of  Mr.  Bonticow  in  this  City. 

— \N.  Y.  Council  Minutes  (M/S.),  xiv,  188. 


August  15,  1723. 
*  *  *  * 

His  Excellency  laid  before  this  Board  the  Report  of  ye  Committee 
of  Council  and  the  Commitee  of  the  General  Assembly  directed  to  make 
their  Observations  upon  An  Act  of  the  Colony  of  Connecticut  past  in 
their  Assembly  the  Ninth  day  of  May  last  for  Compleating  and  perfect- 
ing the  Line  of  Division  between  that  Colony  and  the  province  of 
New  York  which  being  read  was  approved  of  by  this  Board  and  follows 
in  these  Words. 

The  Committee  of  the  Council,  and  the  Committee,  of  the  General 
Assembly  (appointed  to  joine  the  said  Committee  of  the  Council  during 
the  adjournment  of  that  House)  being  severally  directed  to  make  their 
observations  upon  an  Act  of  the  Colony  of  Connecticut  past  in 
their  Assembly  the  nineth  Day  of  May  in  this  present  year  one  thousand 
Seven  hundred  and  twenty  three  Entituled  "An  Act  for  compleating 
"  and  perfecting  of  the  Line  of  Division  between  this  his  Majestys  Colony 
"  of  Connecticut  and  the  Province  of  New  York,  which  was  begun,  and 
"in  part  fixed  and  Established  in  the  year  1683,  and  1684,  the  remaining 
"  part  of  which  Line  (notwithstanding  many  Endeavours  to  have  it  Run, 
"and  Monuments  therein  erected  in  Conjunction  with  the  said  Province 
"have  been  since  used,  and  Acts  passed  by  the  Assembly  of  this  Colony, 
"and  by  vertue  thereof  Commissioners  sent  to  attend  that  Service  with 
"  Such  Commissioners  as  should  be  appointed  by  the  Government  of  that 
"Province  for  the  same  service)  continuing  yet  to  be  Surveyed  and  fixed 
by  Monuments  to  be  Erected  therein.  Doe  humbly  Report  that  they 
have  duly  and  Impartially  Examined  and  Considered  the  same:  and  that 


Boundaries  of  the  State  of  New  York.  28] 

for  their  better  Judgment  therein  they  have  also  Examined  ana  Con- 
sidei'ed  not  only  the  agreement  mentioned  in  the  said  Act,  but  likewise 
all  the  proceedings  and  Transactions  which  have  happened  upon  that 
head  ever  Since,  as  well  on  the  part  of  that  Colony  as  on  the  part  of  this 
Province. 

The  Committee  being  unwilling  to  swell  their  Report  to  a  greater 
Length  than  is  necessary  to  put  the  State  of  that  Case  in  a  true  Light, 
will  wave  observing  upon  the  Title  of  the  said  Act,  as  well  as  any  other 
matters  that  are  not  Essentiall  to  the  point  in  Question. 

"  We  shall  therefore  proceed  to  observe  upon  the  Act  itself  in  the  same 
order  it  appears  before  us  under  the  Seal  of  that  Colony  beginning  with 
"  the  Preamble  wherein  it  is  said  "  That  the  Line  of  Division  between 
"  this  his  Majestys  Colony  of  Connecticutt  and  the  Province  of  New 
"  York  was  in  the  year  Sixteen  hundred  Eighty  three  by  agreement 
"  between  the  Governments  of  this  Colony  and  the  said  Province  of  New 
"  York  removed  from  the  place  where  it  was  antiently  esteemed  and 
"  known  to  be  and  determined  to  be,  and  for  ever  to  remain  in  another 
"  certain  place  Beginning  at  the  mouth  of  a  River  famously  known  by 
"  the  name  of  Byram  River,  by  which  alteration  Several  Towns  Erected 
"  by  and  belonging  to  the  said  Colony  were  added  to  and  became  part  of 
"  the  said  Province  of  New  York. 

By  which  (as  we  suppose)  they  would  have  the  world  believe,  that 
they  had  for  Peace  and  quiet  or  affection  given  up  to  the  Province 
of  New  York  part  of  their  Antient  and  known  right  of  Connecti- 
cutt, and  that  they  are  sufferers  in  their  Right  and  Property  by  the 
said  agreement,  But  how  properly  can  the  bounds  of  that  Colony  be 
said  to  be  antiently  esteemed  and  known  to  be  at  any  place  when 
all  the  Right  or  Property  which  that  Colony  had  within  Sixteen  miles 
of  that  place  was  only  by  Encroachment  and  Encroachment  with  a 
Witness. 

This  Province  extends  only  twenty  miles  in  Breadth  Eastward  from 
Hudsons  River  and  they  would  take  only  Sixteen  of  them  from  us, 
which  Encroachments  were  far  from  antient  when  the  agreement  in 
sixteen  hundred  Eighty  three  was  made,  For  the  first  Setting  of  that 
part  of  the  Country  was  within  the  memory  of  the  Inhabitants  then 
Living  and  these  Encroachments  were  acknowledged  by  the  Commis- 
sioners of  that  Colony  as  appears  by  the  following  Clause  in  the  said 
Agreement  — "  only  it  is  Provided  that  in  Case  the  line  from  Byram 
"  Brook  mouth  North  North  West  Eight  miles,  and  the  Line  that  is  then 
"  to  Run  twelve  miles  to  the  End  of  the  third  forementioned  Line  of  Eight 
"  miles  do  diminish  or  take  away  Land  within  twenty  Miles  of  Hudsons 
"  River,  that  then  so  much  as  is  in  Land  Diminished  of  twenty  Miles  of 
"  Hudsons  River  thei-eby  shall  be  added  out  of  Connecticut  Bounds  unto 


282  Copies  of  Documents  Relating  to  the 

"  the  Line  aforementioned  Parallel  to  Hudsons  River  and  twenty  miles 
"  distant  from  it.  By  which  they  very  plainly  confess,  that  all  the 
Lands  within  twenty  miles  of  Hudsons  River  do  of  Right  belong  to  the 
Province  of  New-York,  and  by  the  Survey  which  Succeeded  that 
agreement  and  was  approved  of  by  the  Colony  of  Connecticut,  it  was 
found  that  the  Province  of  New- York  lost  by  the  said  agreement  Sixty 
one  thousand  four  hundred  and  forty  Acres  of  Land  within  twenty 
Miles  of  Hudsons  River,  so  that  the  Colony  of  Connecticutt  did 
not  Suffer  by  this  agreement  but  the  Province  of  New- York  did. 
They  did  not  yield  anything  of  their  Right,  but  the  Province  of  New- 
York  was  contented  for  Peace  and  quietness  to  give  up  Sixty  one* 
thousand  four  hundred  and  forty  Acres  of  Land,  which  Tract  of  Land 
is  advantageously  Scituated  upon  the  sound  where  there  are  many 
Harbours  and  is  well  water'd  with  Rivers,  and  in  lieu  of  it  accepted 
the  like  quantity  at  a  great  distance  within  Land. 

The  Colony  of  Connecticutt  in  their  Act  under  our  Consideration  take 
no  notice  of  this  Equivalent  (if  that  can  be  called  an  Equivalent  which 
is  not  one  quarter  of  the  value)  tho  the  same  be  by  express  words 
Provided  for  in  the  agreement  and  the  quantity  of  Land  computed 
in  the  survey  which  succeeded  the  agreement,  and  specifyed  in  what 
manner  it  was  afterwards  to  be  allowed.  We  say  they  have  not  only 
taken  no  notice  of  this  Equivalent,  but  have  by  the  Act  now  before  us 
as  much  as  in  their  Power  Endeavoured  for  Ever  to  debar  this 
Province  from  obtaining  it,  as  appears  by  the  Enacting  part  of  the 
said  Act,  and  the  following  words  in  the  Recital  "which  Eastern 
"  End  of  the  said  twelve  miles  is  in  the  said  Agreement  appointed 
"  to  be  the  place  from  whence  a  Line  parallel  to  Hudsons  River 
"  and  concluded  to  be  at  twenty  miles  distance  from  it,  is  to  be  run 
"  as  far  North  as  the  South  Line  of  the  Massachusetts  Province,  which 
words  ai-e  in  direct  Contradiction  to  the  above  mentioned  Proviso,  and 
the  survey  which  was  performed  Pursuant  to  the  said  agreement  where 
it  is  said,  "  Then  finding  The  oblong  of  twelve  miles  East  North  East," 
"  and  Eight  miles  North  North  West  did  Diminish  Sixty  one  thousand 
"  four  hundred  and  forty  Acres  from  the  twenty  miles  upon  Hudsons 
"  River,  we  added  to  the  above  said  twenty  Miles  upon  the  East  North 
"  East  line  three  hundred  and  five  Rods  more  to  Run  at  the  Additional 
"  Breadth  parallel  to  Hudsons  River,  till  it  meet  with  the  Massachu- 
"  setts  Line  which  we  deemed  one  hundred  distant  miles  from  our  Eight 
"  Mile  Line.  We  find  likewise  the  following  Paragraph  in  the  Recital 
of  their  Act,  (where  at  the  End  of  the  thirteen  miles  and  Sixty  four 
Rod)  "a  white  Oak  Tree  was  marked  with  the  Letters  C.  R.  and  a 
"  Crown  together  with  the  Effigies  of  his  then  Royal  Highness  James 
"  Duke  of  York.     We  have  carfully  Examined  both  the  agreement  and 


Boundaries  of  the  State  of  New  York.  283 

Survey,  but  cannot  find  any  such  Tree  mentioned  in  either  of  them, 
there  is  indeed  mention  made  in  the  survey  of  three  white  Oak  Trees 
marked  with  C.  R.  at  the  End  of  the  Eight  mile  Line  from  the  Sound, 
but  not  a  word  of  any  Such  Tree  at  the  End  of  the  Thirteen  Mile  Sixty 
four  Rod  East  North  East,  It  is  very  probable  there  never  was  any  such 
Tree  marked  by  the  Commissioners  or  Surveyors  for  it  appears  from  the 
Survey,  that  this  Province  was  to  extend  three  hundred  five  Rod  beyond 
the  place  where  this  Dukes  Tree  is  supposed  to  stand,  and  if  such  a 
Tree  were  by  mistake  marked,  it  ought  to  be  neglected  as  it  is  in  the 
Certificate  of  the  survey  under  the  hands  of  the  Commissioners  because 
the  bounds  of  this  Province  do  certainly  extend  beyond  it. 

We  say  it  appears  from  that  Survey  that  the  bounds  of  this  Province 
were  to  extend  three  hundred  five  Rod  beyond  the  place  where  this 
Dukes  Tree  is  supposed  to  stand,  upon  Supposition  that  the  parallel  Line 
to  Hudsons  River  betwixt  this  Province  and  Connecticutt  be  one  hun- 
dred miles  in  length,  but  if  it  be  shorter  as  we  believe  it  is  not  above 
seventy  miles,  than  a  greater  length  must  be  added  to  the  Line  East 
north  East  thirteen  miles  and  Sixty  four  Rods  to  make  up  Sixty  one 
thousand  four  hundred  and  forty  Acres  of  Land  so  that  the  Commis- 
sioners could  not  fix  the  Limits  of  either  Colony  till  the  Length  of  this 
parallel  Line  be  known,  which  they  confess  they  did  not  then  know,  and 
therefore  that  Tree  nor  no  other  Tree  in  that  place  could  ever  be 
designed  by  the  Commissioners  or  Surveyors  for  the  Limits  of  this 
Province. 

The  next  Paragraph  in  their  Act  which  we  shall  observe  on  is  in 
these  words  "And  whereas  also  many  applications  made  by  the  Gov- 
"  ernment  of  this  Colony  to  the  Government  of  that  Province  to  obtain 
"  their  Concurrence  in  runing  and  Stating  the  said  Parallel  Line  have 
"  not  prevailed  to  obtain  any  such  Concurrence  on  their  part.  We  are 
surprised  to  find  matters  of  Fact  of  which  those  who  have  the  Legisla- 
tive Power  in  that  Colony  cannot  be  Ignorant  so  unfairly  and  untruely 
represented,  They  would  have  the  world  believe  that  they  have  been 
Assidous  and  Earnest  for  Ascertaining  the  boundarys  betwixt  the 
Two  Colonys,  and  that  the  province  of  NewYork  has  allways  opposed 
it,  We  can  name  many  times  when  this  Government  applyed  ineffectu- 
ally to  that  Government,  but  we  wish  they  would  give  us  one  Instance 
when  they  made  any  application  to  us  that  we  were  not  forward  to  Join 
with  them  to  compleat  the  Division  Lines  according  to  the  agreement 
betwixt  the  two  Colonys. 

The  Colony  of  Connecticut  is  certainly  possest  of  the  Land  which 
was  to  be  allowed  to  this  Province  as  an  Equivalent  of  the  Sixty  one 
thousand  four  hundred  and  forty  Acres,  and  we  believe  of  a  great 
deal  more,  but  we  know  not  of  one  Foot  in  the  actuall  possession  of 


284  Copies  of  Documents  Relating  to  the 

any  Person  in  this  Government,  which  Connecticutt  claims,  Let  the 
world  Judge  than  who  are  most  likely  to  forward  the  Division  Line 
or  obstruct  it,  We  need  not  use  arguments  for  proof  of  this  the  Pub- 
lick  actions  of  both  Colonys  Sufficiently  Demonstrate  it: 

In  the  year  Sixteen  hundred  and  ninety  seven  which  was  but  fourteen 
years  after  the  said  agreement,  The  Colony  of  Connecticut  Encouraged 
the  Towns  of  Rye  and  Bedford  to  Revolt  from  their  obedience  to  this 
Government,  and  the  same  Governour  that  made  this  agreement  wrote 
a  Letter  to  the  Government  of  New  York  Insisting  upon  their  Right  to 
those  two  Towns  in  direct  Breach  of  the  agreement  he  himself  had  so 
lately  and  Solemnly  Sealed  and  Confirmed.  This  obliged  the  Govern- 
ment of  New  York  to  apply  more  assiduously  for  the  King's  approba- 
tion of  the  agreement  between  the  two  Colonys,  and  accordingly 
obtained  the  Royal  approbation  of  the  same. 

In  the  year  Seventeen  hundred  and  Seventeen  the  Government  of 
New  York  without  any   application  from  that  of  Connecticut   by  an 
Act  Entituled  An  Act  for  paying  and  discharging  Several  Debts  due 
from  this  Colony  &«•  did  Enact  that  the  sum  of  seven  hundred  and 
u  fifty  ounces  of  Plate  should  be  Issued  to  defray  that  part  of  the  Charge 
<<  of  running  the  Partition  Limit  and  boundary  between  this  Colony  and 
« the  Colony  of  Connecticut  which  will  be  requisite  for  this  Colony  to 
<<  pay  when  the  Survey  Ascertaining  and  riming  of  the  said  Line  Limit 
"  and  boundary  shall  be  begun  and  carryed  on  by  mutual  Consent  and 
^agreement  of  his  said  Excellency  and  Council  and  the  Governour  and 
«  Council  of  the  said  Province  of  Connecticut,  which  Lines  being  run 
«  ascertained  and  agreed  on  by  the  Surveyors  and  Commissioners  of 
«  each  Colony  as  aforesaid  shall  for  Ever  thereafter  be  deemed  taken  and 
«  be  and  remain  as  the  Partition  Line  Limit  and  boundary  of  this  Colony 
«j  and  all  Bodys  Politick  and  Corporate  and  all  other  Persons  whatsoever 
"within  this  Province  shall  be  for  ever  concluded  thereby. 

The  Government  of  New  York  made  application  to  that  of  Connecti- 
cut to  send  Commissioners  to  meet  with  ours  for  the  End  mentioned  in 
this  Act  and  Accordingly  in  the  year  one  thousand  Seven  hundred  and 
Eighteen  they  met,  when  Communicating  their  Powers  to  each  other,  it 
was  found  that  the  Commissioners  from  Connecticut  had  only  Power 
Jj  To  Join  with  the  Gentlemen  from  New-York  to  Perambulat  the  Line 
"  where  it  has  already  been  run  and  to  consider  what  methods  may  be 
"used  for  the  proceeding  with  the  Dividend  Line.  And  the  Commis- 
sioners of  Connecticut  refusing  to  have  the  places  examined  through 
which  they  say'd  the  Line  fixed  by  the  Survey,  which  succeeded  the 
Agreement  do  run,  The  Commissioners  from  New- York  found  that  Con- 
necticut was  artfully  Endeavouring,  That  New- York  might  be  bound 
by  the   agreement  of  their   Commissioners,   but  Connecticut  only  if 


Boundaries  of  the  State  of  New  York.  285 

it  were  to  their  advantage  and  therefore  the  Commissioners  of  New 
York  refusetl  to  Act  with  them  till  they  were  as  fully  Empowered 
finally  to  Conclude  for  Connecticut,  as  the  Commissioners  for  New 
York  were  for  their  Province  and  till  they  consented  to  examin  the 
Lines  which  had  not  been  examined  or  perambulated  by  Commissioners 
from  both  Provinces  since  the  first  Setling  of  them  which  is  now  about 
forty  Years,  for  they  foresaw  it  would  be  a  fruitless  Expence  of  the 
Publick  money  and  these  are  The  Difficulties  alledged  and  objections 
raised  which  Connecticut  Complains  of  in  their  Act  before  us. 

This  Province  waited  till  the  Summer  of  the  year  one  thousand 
seven  hundred  and  nineteen  in  hopes  the  Colony  of  Connecticut  would 
fully  Empower  Commissioners  finally  to  Conclude  on  the  boundarys 
between  the  two  Colonys,  but  that  Colony  still  declining  to  authorize 
Commissioners  as  was  desired,  It  was  Enacted  by  the  Government  of 
New  York  that  Commissioners  be  Empowered  "  To  Run  mark  out  dis- 
tinguish and  ascertain  the  Lines  of  Partition  and  Division  between  this 
"  Province  and  the  Colony  of  Connecticut  according  to  the  agreements 
"  before  mentioned  which  were  approved  and  allowed  of  by  the  late  King 
"  William  and  in  no  other  manner  than  it  was  agreed  and  approved  of 
"as  aforesaid;  and  the  said  Lines  when  thus  ascertain'd  are  by  this 
Act  declared  to  be  finally  binding  on  all  Persons  forever,  it  is  there 
likewise  declared  to  be  the  Intention  and  earnest  Desire  of  the  Legisla- 
ture of  this  Province  that  the  said  Lines  be  not  only  run  truly  and 
fairly  but  amaicably  and  in  Conjunction  with  Connecticut,  and  that 
therefor  notice  be  given  to  that  Government  at  least  nine  months 
before  the  said  Division  be  begun  to  be  run  that  the  Commissioners  of 
that  Colony  may  Join  with  the  Commissionei-s  of  this,  But  if  that 
Colony  shall  not  then  think  fit  to  send  Commissioners  Sufficiently 
Empowered  the  Commissioners  of  New-York  shall  run  and  ascertain 
the  boundarys  exparte,  From  all  which  the  world  may  Judge  which 
of  the  Governments  have  made  applications  in  good  Earnest  to  the 
other,  for  Effectually  compleating  this  work,  and  which  of  them  by 
unreasonable  objections  raised  and  difficultys  alledged  have  Endea- 
voured as  much  as  in  their  Power  to  hinder  it. 

After  the  passing  of  this  last  Act  in  the  Province  of  New  York  there 
was  no  Application  on  either  side  till  march  last.  This  Government 
waiting  for  his  Majestys  approbation  of  their  last  Act,  it  being  Pro- 
vided by  the  same,  that  it  should  not  be  in  force  till  it  received  the 
Kings  approbation.  — 

In  march  last  the  GovernoHr  of  Connecticut  wrote  to  the  Governour 
of  this  Province  desiring  Commissioners  might  be  sent  to  Join  with 
theirs  to  compleat  the  Dividend  Line  and  sent  a  Copy  of  a  New  Act 
Empowering  their  Commissioners  for  that  End,  which  is  the  first  and 


286  Copies  of  Documents  Relating  to  the 

only  application  from  that  Government  to  this  for  runing  the  Partition 
Line  between  the  two  Colonys  that  we  know  of  before  their  Sending  the 
Act  now  under  our  Consideration,  in  all  Probability  there  had  been  no 
more  application  from  them  at  this  time  than  was  formerly,  If  they 
had  not  apprehended  that  there  was  too  much  reason  for  the  Kings 
approving  our  Act  to  run  the  Line  exparte,  if  they  should  refuse  or 
delay  to  Join  with  us  after  the  perusal  of  this  Act  Empowering  their 
Commissioners,  the  Goverilour  by  advice  of  the  Council  of  this  Province 
answered  as  had  been  done  before  by  our  Commissioners,  that  he  thought 
it  would  be  fruitless  to  send  Commissioners  before  it  should  be  Enacted 
in  Connecticut  as  it  is  in  this  Province,  that  all  Persons  be  concluded 
by  what  shall  be  finally  agreed  upon  by  the  Commissioners  on  both 
sides  which  had  been  artfully  avoided  in  this  Second  Act  as  it  had  been 
more  openly  in  their  former. 

This  one  application  is  the  only  Ground  they  have  to  say  that  the 
Government  of  New  York  has  refused  to  Concur  with  them  after  many 
applications  from  them. 

We  shall  next  answer  to  their  expostulations  on  a  Paragraph  in  an 
Act  of  this  Government  Entituled  "An  Act  for  runing  and  Ascertain- 
"  ing  the  Lines  of  Partition  and  Division  betwixt  this  Colony  and  the 
"  colony  of  Connecticut,  which  by  mistake  they  say,  is  in  another 
Act,  which  Paragraph  contains  these  remarkable  words  which  it  seems 
offend  the  Colony  of  Connecticut  "And  the  marks  of  such  part  of 
"  the  Lines  of  Partition  and  Division  as  were  by  the  Surveyors  aforesaid 
"  then  run  markt  out  and  distinguished  are  by  Length  of  time  worn  out 
"  or  by  the  Contrivance  of  evil  Disposed  Persons  defaced  or  altogether 
"  taken  away.  Why  do  these  words  offend  the  good  People  of  Connec- 
ticut more  than  the  borderers  on  New  York  side.  Might  not  these 
wicked  Evil  disposed  Persons  surmised  of  by  our  Act  have  defaced  and 
taken  away  these  Trees  in  prejudice  to  Connecticut  as  well  as  in  preju- 
dice to  New  York.  We  are  sorry  ttiey  impute  it  to  themselves,  but 
seeing  they  do,  we  have  the  more  reason  to  Suspect  that  such  arts  and 
Contrivances  have  been  used. 

Indeed  the  People  of  this  Province  did  not  want  reason  to  sus- 
pect that  such  wicked  Arts,  and  Contrivances  had  been  practiced  by 
the  PeoDle  of  Connecticut,  for  as  we  observed  before  they  openly 
and  in  an  avowed  manner  bi*oke  through  the  agreement  they  had 
Solemnly  made  with  this  Province,  and  Protected  the  People  that* 
lived  on  this  side  of  those  marked  Trees  in  their  Revolt  from  this 
Government.  It  is  then  unreasonable  to  suspect  that  at  that  time  they 
might  Deface  as  much  as  in  their  Power,  the  memorials  of  an  agree- 
ment which  they  were  Resolved  to  break  through,  But  suppose  there 
were  no  arts  or  contrivances  used  to  Deface   these  marks  upon  the 


Boundaries  of  the  State  of  New  Yoke.  287 

Trees,  Yet  all  Men  will  allow,  that  Trees  by  Length  of  time  decay  or 
by  other  Accidents  may  be  destroyed,  and  it  being  now  forty  years 
Since  Commissioners  on  both  sides  Surveyed  or  Perambulated  these 
boundarys,  The  Commissioners  from  New-York  desired  to  use  a  Compass 
and  a  Chain  in  their  Perambulation  to  discover  if  the  Trees  which  are  now 
at  this  Distance  of  time  Supposed  to  be  the  same  with  those  mentioned 
in  the  Survey  that  Succeeded  the  agreement  do  agree  in  the  distance 
and  Course,  which  by  the  said  Survey  they  are  said  to  have  from  other 
marks,  which  wee  willingly  allow  to  be  well  known,  and  may  be  as 
Famous  as  the  Colony  of  Connecticut  pleases  to  make  them,  No  honest 
man  can  think,  that  the  carrying  a  Compass  and  a  Chain  over  the  Land 
will  do  more  hurt  to  either  Colony  or  to  any  Private  Person  than  walking 
or  Rideing  will  do.  But  if  there  has  been  arts  and  Contrivances 
The  Persons  Conscious  to  themselves  of  being  Guilty  have  reason  to 
wish  that  no  such  Instruments  had  been  Invented  to  discover  their  wick- 
edness, and  will  do  what  they  can  to  prevent  their  being  made  use  of. 

We  come  now  to  the  Enacting  part  of  their  Act  which  begins  in  this 
manner  "  That  the  Agent  of  this  Colony  Jeremiah  Dummer  Esquire 
"  do  in  our  name  and  behalf  humbly  Supplicat  our  Sovereign  Lord  King 
"  George1,  that  his  Majesty  would  be  graciously  pleased  to  order  the 
"  Government  of  the  said  Province  of  New  York,  that  they  should  Join 
"  with  us  in  the  runing,  Stating  and  fixing  the  said  Parellel  Line  accord- 
"  ing  to  the  true  intent  and  meaning  of  the  said  agreement  and  survey, 
"That  is  to  Say,  from  the  said  Tree  at  the  End  of  the  fourth  Line  con- 
cluded upon  in  the  said  agreement  marked  and  known  by  the  name  of 
"  the  Dukes  Tree  &c\  which  in  Plain  English  would  run  thus  That  MT. 
Dummer  do  in  Our  name  and  behalf  Supplicat  our  Sovereign  Lord 
King  George  (a  Prince  Famous  all  over  the  Christian  world  for 
his  wisdom  and  Justice)  to  Enact  that  the  Government  of  New  York 
do  Join  with  us  in  fixing  the  boundarys  of  that  Province  at  a  certain 
Tree  because  we  think  it  advantageous  to  our  Colony,  and  that  the  King 
would  declare  the  boundarys  so  to  be  fixed  and  Ascertained  to  be  Just 
and  Equal  according  to  the  agreement  betwixt  the  two  Colonys  con- 
firmed by  his  Majestys  Predecessor,  tho'  the  same  be  Injurious  to  the 
said  Province,  and  inconsistent  with  the  woi'ds  of  the  said  agreement 
and  directly  contrary  to  the  true  intent  and  meaning  of  the  same.  We 
do  not  wonder  that  where  there  are  so  many  false  premisses  an  absurd 
Conclusion  should  follow,  but  we  forbear  to  make  such  reflections  on 
our  Neighbours  as  will  too  readily  Enter  into  the  Heart  of  every  man 
who  Reads  this  Paragraph. 

Now  let  all  honest  Men  Judge  which  of  us  intend  to  keep  the  Cove- 
nant and  stand  by  our  agreement  The  Government  of  New  York  01 
that  of  Connecticut. 


288  Copies  of  Documents  Relating  to  the 

Connecticut  after  this  agreement  was  Solemnly  Seal'd  and  confirmed 
by  them  Encouraged  the  Inhabitants  of  New  York  bordering  upon  the 
Lines  of  this  Government  to  Revolt,  Received  them  with  open  arms 
after  they  had  Revolted,  and  by  a  Publick  Letter  of  their  Governour  to 
the  Governour  of  New- York  Claim'd  them  as  of  Right,  the  Government 
of  New- York  at  the  same  time  apply  to  the  King  to  have  the  agree- 
ment approved  and  finally  ratifyed  by  his  Royal  Authority  After 
some  years  when  the  Government  of  New  York  had  reason  to  Believe 
from  the  Complaints  of  the  Borderers  presented  to  the  Governour  of 
New  York  in  Council  that  the  Government  of  Connecticut  again 
Encroach  on  the  Lands  of  New  York  by  attempting  to  Assess  and  fine 
the  Inhabitants  upon  the  Borders,  The  Government  of  New  York 
to  put  an  End  to  these  differences  in  the  most  amicable  and  fair 
manner  possible  appoint  Commissioners  to  Join  with  Commissioners  to  be 
appointed  by  that  Government  and  in  Conjunction  with  them  to  review 
the  old  Lines,  and  where  by  Length  of  time  they  became  uncertain  or 
were  by  any  Art  alterd  to  renew  them  and  refix  them  in  their  proper 
places,  and  perfect  what  was  formerly  left  undone  declaring  what  shall 
be  done  by  their  Commissioners  in  Conjunction  with  those  of  Connec- 
ticut shall  be  finally  binding  upon  this  Government,  This  Amicable  and 
fair  Act  reduced  the  Government  of  Connecticut  to  Some  Difficulty. 
If  they  refuse  to  appoint  Commissioners  The  world  will  think  y* 
they  have  no  mind  to  put  an  amicable  End  to  these  Differences,  they  are 
afraid  the  Injustice  of  their  Demands  and  Actions  will  appear,  If  they 
do  appoint  there  is  an  End  put  to  the  hopes  they  have  of  Extending 
their  Colony  by  Encroachments  upon  his  Majesty s  Province  and 
Enriching  some  of  their  Inhabitants  at  the  expence  of  the  Inhabitants 
of  this  Province,  They  conclude  therefor  upon  a  Stratagem  which  shall 
have  the  appearance  of  Joining  with  us,  but  which  in  Effect  shall  Con- 
clude Nothing. 

The  Government  of  New-York  then  Endeavours  to  force  them  to  put 
a  fair  and  Just  End  to  these  Differences  by  praying  that  it  may  be 
Enacted  by  the  Kings  Authority,  That  if  the  Government  of  Connec- 
ticut refuse  to  appoint  and  Sufficiently  Empower  Commissioners 
amicably  and  fairly  to  put  an  End  to  these  Differences  after  nine  months 
Notice,  that  then  the  Commissioners  of  New-York  be  Empowered  by 
themselves  to  run  and  Ascertain  the  Lines  of  Partition  between  this 
Province  and  the  Colony  of  Connecticut  According  to  the  agreement 
between  the  two  Colon ys  and  not  otherwise,  here  are  no  Explanations 
of  the  Agreement  in  favour  of  this  Province  or  Restrictions  to  our 
Commissioners,  but  an  Open  Declaration,  That  if  it  shall  afterwrards 
appear  that  our  Commissioners  have  not  observed  the  true  Intent  and 
meaning  of  the  agreement  what  they  shall  have  done  shall  be  void,  In 


Boundaries  of  the  State  of  New  York.  289 

opposition  to  which  Act  of  this  Government,  The  Government  of  Con- 
necticut passed  the  Act  now  under  our  consideration  and  how  Just  and 
fair  it  has  already  been  Shewn. 

The  true  Intent  of  this  last  Act  of  the  Government  of  Connecticut  we 
believe  is  this,  They  apprehend  and  apprehend  Justly  that  the  Act  of 
New-York  is  so  Just  and  so  fair  and  Open  in  the  Directions  given  to 
their  Commissioners  that  the  King  will  readily  confirm  the  same> 
they  Resolve  therefore  likewise  to  have  a  Law  in  Connecticut  by 
which  the  Inhabitants  of  that  Colony  may  under  Colour  of  Law,  as 
much  as  in  their  Power  oppose  the  Just  Effects  of  the  Law  of  New- 
York,  from  the  whole  we  Conclude  that  if  the  Public  Acts  of  both  Gov. 
ernments  be  sent  over  to  the  Agent  of  this  Province  but  more  especially 
this  Last  Act  of  the  Colony  of  Connecticut  to  be  by  him  laid  before  the 
Lords  of  Trade  and  Plantations  or  Secretary  of  State  as  Evidence  for 
the  necessity  of  confirming  the  Act  of  this  Province  for  runing  and 
Ascertaining  the  Limits  of  Partition  and  Division  betwixt  this  Colony 
and  the  Colony  of  Connecticut,  the  King  will  graciously  confirm  the 
same  and  Repeal  this  Law  of  the  Colony  of  Connecticut,  which  is 
designed  only  to  prevent  the  Justice  of  our  Law.  — 

But  to  shew  that  this  Province  still  continues  their  Disposition  amica- 
blie  to  End  the  Differences  betwixt  this  Government  and  Connecticut. 

We  are  humbly  of  Opinion  that  his  Excellency  be  addressed  to  send 
to  the  Government  of  Connecticut  a  State  of  the  publick  actions  of 
this  Province  and  of  Connecticut  relating  to  this  affair  that  they  may 
have  all  the  Information  we  can  give  them,  and  to  assure  them  that  as 
Soon  as  that  Government  shall  appoint  and  Sufficiently  Impower  Com- 
missioners to  run  and  Ascertain  the  Limits  of  Partition  and  Division 
between  this  Province  and  the  Colony  of  Connecticut  according  to  the 
agreement  made  in  Sixteen  hundred  and  Eighty  three  and  the  survey 
that  followed  upon  that  agreement  to  act  without  any  Restrictions  to 
their  Commissioners,  but  as  they  in  their  own  Consciences  shall  think 
their  actions  conformable  to  that  agreement  and  Survey,  this  Govern- 
ment will  appoint  Commissioners  accordingly  on  the  part  of  this  Pro- 
vince to  put  an  amicable  and  fair  End  to  all  these  differences. 

All  which  is  humbly  Submitted  to  your  Excellency  by 
Your  Excellencys 

most  obedient  humble  servants 
AD.  PHILIPSE  R  WALTER 

JOH.  JANSEN  FRA:  HARISON 

D.  PROVOOST  CADWALLADER  COLDEN 

New  York  August  y9  13*.h  1728 

— \N~.  T.  Col.  MSS,  lxix,  25  ;   Council  Minutes  (MS.),  xiv,  208;  Sen. 
Doc,  1857,  No.  165,  p.  115. 

19 


290  Copies  of  Documents  Relating  to  the 

[In  N.  Y.  Council.] 

August  15,  1723. 

This  Board  do  advise  his  Excellency  to  send  a  Copy  of  the  said 
Report  to  the  Governour  of  Connecticut  as  likewise  to  send  a  Copy  to 
one  of  his  Majestys  Principal  Secretarys  of  State  and  the  Lords  of  Trade 
and  Plantations  together  with  Copys  of  the  Agreement  between  this 
Colony  and  that  of  Connecticut  as  Confirmed  by  his  Majesty  King 
William  the  third  and  the  Copy  of  an  act  of  Connecticut  part  of  which 
is  recited  in  the  aforesaid  Report. 

Ordered  that  the  Surveyor  General  do  prepare  a  Map  of  that  part  of 
the  Country  where  the  Boundarys  referred  in  the  aforesaid  Report  do 
lye  and  that  they  be  Sufficiently  described  for  the  better  Explanations 
of  the  said  Report. 

*  *  *  * 

— [JV.  T.  Council  Minutes  (MS.),  xiv,  232. 


[Governor  Burnet  to  the  Lords  of  Trade.] 

New  York  16  Septr  1723 
My  Lords 

•  There  was  an  Act  passed  in  this  Province  in  1719  &  transmitted  by 
Brigadier  Hunter  for  His  Matys  Royal  approbation  Intituled 

An  Act  for  running  &  ascertaining  the  Lines  of  Partition  and  Divi- 
sion betwixt  this  Colony  and  the  Colony  of  Connecticut 

Which  Act  was  meerly  to  perform  what  had  been  agreed  between 
the  two  Colonys  in  1083  and  confii-rned  by  King  Williams  order  in  1700 
which  Agreement  &  order  had  never  taken  its  full  effect,  through  the 
backwardness  of  the  Colony  of  Connecticut  who  never  could  be  brought 
to  empower  Commissioners  sufficiently  to  run  and  ascertain  the  Lines 
according  to  that  Agreement  which  were  yet  left  unfinished 

But  since  the  aforesaid  Act  passed  in  this  Province  the  Colony  of 
Connecticut  apprehending  that  their  delaying  and  eluding  to  perform 
their  part  of  the  Agreement  would  turn  to  a  reflection  on  them  and 
that  they  could  not  hinder  this  Province  from  running  the  Lines  of 
Division  ex  parte  in  case  the  before  recited  Act  of  this  Province  should 
obtain  the  Royall  Assent,  have  pretended  to  take  measures  for  running 
the  sd  Lines  by  Consent,  but  upon  their  overture  made  to  this  Province 
on  that  subject,  it  has  appeared  that  they  seemed  indeed  in  words  to 
consent,  but  in  fact  made  no  effectual  step  towards  it,  &  instead  of 
empowering  Surveyors  and  Commissioners  to  run  and  ascertain  these 
Lines,  they  went  no  further  than  to  empower  them  to  perambulate  them 
as  they  express  it,  which  trifling  having  been  represented  to  them  from 


Boundaries  of  the  State  of  New  York.  291 

hence,  it  has  at  last  produced,  the  Act  of  that  Colony  passed  in  the 
month  of  May  1723  intituled 

In  which  act  they  endeavour  to  throw  the  whole  blame  on  this 
Province  and  yet  in  this  very  Act  discover  their  true  intention  by  con- 
tradicting fiattly  the  Agreement  and  order  before  mentioned,  &  fixing 
the  Line  contrary  to  the  same  to  the  vast  detriment  and  Injury  of  this 
Province 

To  make  all  which  appear,  The  Council  and  Assembly  of  this  Province 
have  named  a  joint  committee  to  report  their  opinion  of  the  said  Act 
of  Connecticut  which  they  have  done  and  made  report  thereof  to  the 
Council  Board,  who  have  approved  the  said  Report,  by  which  it  mani- 
festly appears  that  the  Act  of  the  Colony  of  Connecticut  is  full  of 
fallacies  and  misrepresentations,  and  does  tend  to  defeat  and  elude  their 
Agreement  and  King  Williams  order  thereon  and  to  the  end  that  your 
Lordships  may  be  satisfied  thereof,  I  have  herewith  transmitted  authen- 
tic Copys  of  the  said  report,  original  Agreement  Order  of  King  William 
and  late  act  of  the  Colony  of  Connecticut  with  a  map  to  explain  them 
and  the  resolution  of  the  council  Board  of  this  Province  that  the  said 
should  be  laid  before  your  Lordships  in  order  that  the  whole  matter 
may  be  set  in  a  fair  light  before  His  Majesty  and  that  thereby  all 
obstructions  intended  by  the  Colony  of  Connecticut  to  prevent  His 
Matys  assent  to  the  Act  passed  in  this  Province  in  1719  may  be  effectu- 
ally removed 

I  am  with  great  respect 
My  Lords 

Your  Lordships 

most  dutiful  &  most 

obliged  humble  Serv' 

W  Burnet 
— [ivT  T.  Col.  Doc,  v,  698. 


At  a  General  Assembly  holden  in  New-Haven  in  Connecticut  y?  10th 

Day  of  Octo!  1723 

The  Comittee  appointed  by  this  Assembly  having  considered  the 
report  of  a  Comittee  of  the  Council  and  a  Comittee  of  the  Assembly 
of  his  Majesties  Province  of  New  Yorke,  relating  to  certain  Observa- 
tions made  by  those  united  Comittees  upon  an  Act  passed  by  the 
General  Assembly  of  this  Colony  in  May  last,  for  perfecting  the  line  of 
Division  between  this  Colony  &  that  Province.  Which  report  was 
approv'd  by  the  Governour  of  sd.  Province  in  Council  the  15'?  of  July 
last,  and  being  by  him  transmitted  to  the  Governour  of  this  Colony, 


292  Copies  of  Documents  Relating  to  the 

has  been  laid  before  this  Assembly.  Made  thereupon  the  following 
Return. 

Your  Comittee  upon  consideration  of  the  Report,  observe  it  to  be 
chiefly  taken  up,  in  endeavours  to  shew,  that  that  Province  has  been 
all  along  most  forward  and  ready,  to  perfect  the  Line  of  Partition, 
between  them  and  this  Colony,  and  because  this  is  considered  in  the 
Report  as  a  matter  of  great  consequence,  your  Comittee  thought  it 
proper  to  enquire  what  might  be  fairly  intended  by  It;  and  find,  that 
the  Sense  of  it,  which  the  General  drift  of  the  Report  puts  upon  it,  is 
reconcileable  enough  to  the  act  of  this  Assembly  ;  which,  nevertheless, 
the  Comittees  seem  to  understand  as  having  denied  it.  That  act,  when 
it  speaks  of  the  sd.  Province  as  unwillif^  to  perfect  sd.  line  of  Partition, 
considers  it  as  a  matter  for  the  greatest  part  well  done,  and  established, 
and  only  wanting  a  line  from  a  certain  well  known  Station  called  the 
Dukes  tree,  to  be  run  parallel  to  Hudson's  River;  but,  The  Comittees 
understand  it  in  a  sense  which  lays  aside  all  that  has  been  already  done; 
So  that  Yo'  Comittee  thinks  it  needless  to  wade  farther  into  this  matter. 
For,  as  this  Colony  has  always  been  most  desirous,  that  this  line  of 
Partition,  which  has  been  in  part  surveyed,  and  Monuments  erected 
therein,  and  upheld  to  this  time,  according  to  the  Agreement  between 
the  Governments  of  that  Province  and  this  Colony,  in  the  year  1683, 
and  Confirmed  by  his  Majesty  King  William  the  third,  in  Council,  should 
be  carried  on  and  perfected  according  to  that  Agreement;  which  the 
Report  does  not  deny.  So  it  is  also  true,  which  the  Report  affirms,  that 
the  Government  of  that  Province,  has  been  most  desirous  of  having 
the  Partition  line  fixed  &  perfected;  that  is,  to  do  the  whole  de  novo: 
upon  supposition,  that  all  the  antient  marks  and  monuments  are  defaced 
&  utterly  lost,  never  to  be  recovered  more 

Having  thus  cleared  the  point,  which  the  united  Comittees  seemed  to 
be  most  concerned  about ;  your  Comittee  is  in  hope,  that  a  speedy  end 
may  be  put  to  this  controversy;  For  if  those  Monuments  cannot 
possibly  be  known,  your  Comittee  thinks  another  survey  ought  to  be 
made,  and  new  monuments  to  be  erected ;  But  if  this  line  already  run 
in  part,  according  to  sd.  Agreement,  and  confirmed  by  the  King  ;  and  if 
the  Marks  and  Monuments  therein  erected,  are  still  well  known  ;  then 
nothing  remains,  but  that  from  the  last  of  these  Monuments,  the  Line 
parallel  to  Hudson's  River  should  be  run,  and  so  the  whole  perfected. 
Which  Yor.  Comittee  cannot  but  think  so  reasonable,  that  the  sd.  Province, 
which  has  always  been  so  desirous  to  have  the  Partition  line  perfected, 
can  have  no  fair  objection  against  it. 

Your  Comittee  hopes  that  the  greatest  part,  if  not  the  whole,  of  what 
is  observed  &  objected  against  this  Colony  in  the  sd  Report  is  sufficiently 
answered,  by  what  they  have  already  offered  in  this  Return 


Boundaries  of  the  State  of  New  York.  293 

The  united  Comittees,  to  make  the  supposition  in  the  fo recited  Para- 
graph, to  Wit,  that  those  antient  Marks  are  defaced  and  utterly  lost, 
appear  with  some  probability  of  truth,  have  thought  it  fit  &  proper  for 
them,  to  publish  the  remarkable  grounds  they  have  for  it,  in  these 
remarkable  words  ["  Indeed  the  people  of  this  Province  did  not  want 
"  reason  to  suspect  that  such  wicked  arts  and  contrivances  had  been  prac- 
"  Used  by  the  people  of  Connecticut "] 

Your  Comittee  cannot  but  observe  thereupon,  that  this  is  a  prodigious 
way  of  arguing,  as  well  as  disengenuous. 

It  is  notoriously  the  Interest  of  this  Colony,  that  those  marks  and 
monuments  should  be  kept  up,  and  well  known;  which  they  have  accord- 
ingly endeavoured,  and  affirm  to  be  so.  On  the  other  side  the  Province 
of  New  York,  affirm  they  are  utterly  defaced;  and  wont  believe  any 
thing  to  the  contrary  ;  but  would  fain  have  all  those  Monuments  to  be 
lost  without  recovery. 

And  it  seems  to  your  Comittee  very  unreasonable,  &  even  monstrous, 
to  think,  that  the  people  of  Connecticut  should  be  so  wicked  as  to 
deface  Marks  and  Monuments,  which  it's  their  interest  to  keep  up.  And 
the  People  of  New  York  Province,  who  are  so  loth  they  should  ever 
be  found,  so  honest  as  not  to  do  the  least  harm  to  them  ? 

The  united  Comittees  are  also  deceived,  in  their  supposing  this 
Colony  to  be  against  the  Government  of  New- York's  trying  by  Chains 
&  Compasses  the  sd  antient  Survey  ;  which  is  certainly  a  great  mistake; 
for  we  are  persuaded  that  their  so  doing,  would  be  an  excellent  means 
to  satisfy  them,  that  those  antient  lines  &  monuments  are  not  difficult 
to  be  found. 

The  united  Comittees  have  thought  good  towards  the  Close  of  yr 
Report  to  make  some  reflections  on  the  enacting  part  of  ye.  aforsd.  Act  of 
this  Assembly.  And  particularly,  they  have  taken  considerable  pains 
to  explain,  the  meaning  of  our  humble  desire,  that  his  Majesty  would 
order  the  Partition  line  to  be  perfected,  according  to  y?  Agreement  & 
Survey  afors*  which  pains  We  think  might  well  have  been  spared;  and 
believe  that  desire  of  ours  is  so  plainly  expressed,  that  his  Majesty  will 
need  no  explanation  of  it;  or  make  any  use  of  theirs. 

Then  the  Comittees  assure  us  that  they  shall  forbear  making  any  more 
reflections  upon  us  their  Neighbours ;  which  your  Comittee  is  of  opinion 
is  very  fair.  And  that  therefore  that  that  follows  after,  in  their  Report, 
of  the  same  kind,  must  not  be  look'd  on,  as  new  ones,  but  rather  as 
repetitions  of  the  old. 

Your  Comittee  observes  with  great  satisfaction,  the  two  remarkable 
things  that  shut  up  the  Report.  First,  The  appeal  the  sd.  Comittees 
make  to  all  honest  men,  whether  this  Colony  or  that  Province,  design 
to  keep  most  strictly  to  y6.  aforesd.  agreement  ?     Because    we  are   pur- 


294  Copies  of  Documents  Relating  to  the 

suaded  if  they  are  hearty  in  this  appeal,  they  will  be  well  pleased 
with  that  which  we  have  made  to  his  Majesty;  tho  there  are  some 
hints  in  the  Report,  as  if  that  Province  would  be  offended  at  it. 

Yet  they  think  it  not  improper  for  them  to  take  notice  more  particu- 
larly of  some  things  which  seem  of  weight  to  the  united  Comittees. 

It  is  taken  notice  of  by  the  sd.  Comittees  as  wrong  that  this  Colony 
should  ever  pretend  to  any  right  beyond  Byram  River  Westward ;  or 
anywhere  within  twenty  miles  East  of  Hudson's  River ;  because  they 
say,  That  Province  is  by  Grant  of  the  Crown  to  extend  twenty  miles  to 
ye  East  of  that  River.  But,  if  they  consider  that  the  Grant  of  the 
Crown  which  fixes  the  bounds  of  this  Colony,  is  antienter  than  that  of 
the  Province;  They  will,  we  suppose,  think  there's  no  great  matter  in 
such  an  objection. 

Again  the  Comittees  observe,  that  this  Colony  in  the  sd.  act  take  no 
notice  of  an  Equivalent  which  that  Province  is  to  have  from  this. 

But  your  Comittee  takes  this  to  be  for  want  of  due  consideration.  For 
it's  evident,  that  act  takes  the  same  notice  of  that  Equivalent,  that  the 
aforsd.  agreement  does.  Indeed  that  additional  Equivalent,  which  the 
Surveyors  presum'd  to  propose;  and  leave  to  the  pleasure  of  the  Gov- 
ernment; is  not  taken  notice  of  in  that  act;  and  to  your  Comittee,  it 
appears  so  unreasonable,  that  they  think  it  ought  not  to  be  approved 
in  any  Act  whatsoever. 

The  united  Comittees  further  observe,  concerning  the  aforesd  Act  of 
this  Colony,  which  speaks  of  An  Act  of  that  Province;  wherein  are 
these  words,  ["  and  the  marks  of  such  part  of  the  lines  of  Partition  tjb 
"  Division,  as  were  by  the  Surveyors  aforesd.  then  run,  marked  out  &  distin- 
"  guisNd,  are  by  length  of  time  worn  out,  or  by  the  contrivance  of  evil 
"  disposed  persons,  defaced,  or  altogether  taken  away.]  that  it  mistakes  in 
giving  the  Title  of  that  Act,  which  has  this  Paragraph  in  it:  which  obser- 
vation your  Comittee  must  own  is  true;  there  was  such  a  mistake  in 
writing  the  Title  of  the  Act  of  that  Province,  in  which  this  Paragraph 
was  said  to  be; 

But  then,  the  Report  owns,  this  Paragraph  was  in  another  Act  of 
that  Province,  pass'd  about  the  same  time;  which  we  think  to  be  much 
the  same  thing;  For  it  fully  shows  which  ever  act  Its  in  that  that  Pro- 
vince was  determined  in  all  their  endeavours  to  finish  y"  Partition  line, 
to  have  no  respect  to  the  Monuments  which  had  been  agreed  &  erected 
by  the  Governments  of  that  Province  and  this  Colony,  &  Confirmed  by 
the  King:  For  they  would  have  it  taken  for  granted,  they  were  utterly 
lost;  but  intended  to  make  a  new  survey,  and  not  compleat  the  Old. 

The  united  Comittees  also  take  exception  to  a  letter  of  the  Honourable 
Robert  Treat  EsqT  late  Governour  of  this  Colony,  a  Gentleman  of  the 
strictest  Probity;  as  if  he  had  insinuated  the  Right  of  this  Colony  to 


Boundaries  of  the  State  of  New  York.  295 

the  Towns  of  Rye  &  Bedford  in  opposition  to  this  agreement,  which  he 
was  concern'd  in  making.  —  Your  Comittee  Can't  but  observe  thereon, 
that  if  this  Letter  could  be  produced,  they  dare  say  it  would  be  found 
consistent  every  way  with  Justice  &  Honour. 

Governour  Treat  might  well  say  this  Colony  had  a  Right  to  Rye  & 
Bedford  before  New  York  had  a  being.  But  your  Comittee  can  be 
confident,  That  y*  Gentleman  of  unstained  Honour,  never  advanced  any 
Right  of  this  Colony  in  opposition  to  ye.  aforesd.  Agreement;  If  he  did, 
as  well  he  might,  Assert  a  Right  prior  to  it. 

The  Second  Thing  &  last  of  all  in  the  Report;  &  which  is  indeed  as 
your  Comittee  thinks  better  than  all,  that  went  before,  is,  A  Proposal  for 
that  Province  to  Joyn  with  this  Colony  without  any  further  delay,  if  we 
will  appoint  Commissioners  &  fully  empower  them,  to  run  &  ascertain 
the  limits  of  Partition  &  Division  between  that  Province  and  this  Colony 
according  to  the  afores*  Agreement  made  in  1683,  &  the  survey  that  fol- 
lowed thereon,  as  in  Conscience  it  ought  to  be. 

Your  Comittee  are  thereupon  of  Opinion,  that  this  Assembly,  make 
choice  of  Commissioners  on  their  part  to  Joyn  with  such  Commissioners 
as  the  Government  of  that  Province  shall  appoint,  so  to  perfect  & 
accomplish  that  work,  and  that  the  Governour  Grant  them  a  Commis- 
sion under  the  Seal  of  this  Colony  acordingly ;  and  that  the  line  which 
shall  be  so  perfected  and  established  by  them,  shall  be  forever  taken  to 
be  the  line  of  Partition  between  this  Colony  &  that  Province 

JOHN  HAMLIN 
J:  WADSWORTH 
WILLIAM  CLARK 
DAVID  GOODRICH 


►  Com!!! 


The  above  Report  of  the  Comittee  being  read  and  considered,  in  Gen- 
eral Assembly  was  accepted  &  approved,  and  it  was  thereupon 

Enacted  by  the  Governour  Council  and  representatives  in  Generall 
Court  assembled  and  by  j".  authority  of  the  same  that  Peter  Burr  Samuel 
Eelh,  Roger  Wolcot  and  Jonathan  Laws  Esqr.g,  or  any  three  of  them  be 
Commissioners  on  the  part  of  this  Colony  for  performing  the  s*  work 
and  compleating  the  aforesd.  line,  in  Conjunction  with  such  Commissioners 
as  shall  be  in  like  manner  appointed  and  improved1  by  the  Government 
of  New-York,  and  that  the  Governour  grant  them  a  Commission 
accordingly. 

And  it  is  hereby  further  Enacted  that  whatsoever  line  shall  be  ascer- 
tained and  Established,  with  monuments  erected  therein  by  the  s*  Com- 
missioners, according  to  the  aforesd.  Agreement  made  in  1683,  and  the 
Survey  that  follow'd  thereon,  as  in  Conscience  it  ought  to  be,  shall  for- 
1  So  in  the  original  copy. — [P. 


296  Copies  of  Documents  Relating  to  the 

ever  after  be  &  remain  the  line  of  Partition  between  this  Colony  and 
the  Province  of  New  York 

A  True  Copy  of  Record 

Exam* 
§» r  HEZ :  WYLLYS.  Secret" 
— [iV:  T.  Col.  MSS.,  lxix,  26  ;  Sen.  Doc,  1857,  No.  165,  p.  127  ;   Conn. 
Pub.  Bee,  1717-1725,  p.  418. 


October ,  1723. 

*  *  *  * 

Ordered,  That  the  Commissioners  appointed  by  this  Assembly,  for 

perfecting  the  line  between   this  Colony  and  that   Province  of  New 

York,  follow  such  instructions  in  attending  that  service  as  they  shall 

receive  from  the  Governour  and  Council. 

— {Conn.  Pub.  Bee,  1717-1725,  p.  422. 


[Commission.] 

Gurdon  Saltonstall  EsqT  Governour  of  his  Majesties  Colony  of  Connecti- 
cut. To  Peter  Burr,  Samuel  Eells,  Roger  Woolcot  and  Jonathan  Law 
Esq"  Greeting. 

Whereas  the  Partition  Line  between  this  Colony  of  Connecticut  and 
the  Province  of  New  Yorke,  which  was  agreed  upon  between  the  Gov- 
ernments, of  the  sd.  Province,  and  this  Colony  by  written  Articles  dated 
the  28'?  of  November  1683.  Which  sd.  Line  was  pursuant  to  sd.  Agree- 
ment, in  part  Surveyed,  and  Monuments  erected  therein  by  Surveyours, 
and  Commissioners  thereunto  Impowered  by  the  sd.  Province  and  this 
Colony,  as  appears  by  a  Report  under  their  hands  dated  October  10? 
1684.  which  said  Agreement  &  Survey,  were  approved,  and  confirmed 
by  his  late  Majestie  King  William  the  third,  in  Council,  the  28th  day  of 
May  1700. 

And  whereas  by  an  Act  of  the  Governour,  Council  and  Representa- 
tives in  General  Assembly  convened,  at  New  Haven  the  10*.h  day  of 
October  last ;  You  the  sd.  Peter  Burr,  Samuel  Eells,  Roger  Woolcot,  and 
Jonathan  Law,  or  any  three  of  You,  were  appointed,  and  Impowered  to 
be  Commissioners,  on  the  part  of  this  Colony,  for  finishing  the  sd.  work, 
and  compleating  the  aforesd.  Line  of  Partition,  in  Conjunction  with  such 
Commissioners,  as  shall  be  in  like  manner  appointed,  and  impowered  by 
the  Government  of  New  Yorke ;  And  it  was  Enacted  that  the  Governour 
should  Execute  you,  a  Commission  accordingly.  And  also,  that  what- 
soever Line  shall  be  ascertained  &  established  with  Monuments,  erected 
therein,  by  the  Commissioners  of  both  Governments  according  to  the 


Boundaries  of  the  State  of  New  York.  297 

af ores4.  Agreement,  and  Surveigh,  shall  for  ever  after  be,  and  remain  the 
Line  of  Partition,  between  this  Colony,  and  the  sd.  Province. 

You  the  s*  Peter  Burr,  Samuel  Eells,  Roger  Woolcot  and  Jonathan 
Law  Esq",  or  any  three  of  you,  are  hereby  Authorized  in  His  Majesties 
Name,  to  be  Commissioners  in  the  behalfe  of  this  his  Majesties  Colonie, 
with  full  Power,  together  with  such  Commissioners,  as  are,  or  shall  be 
appointed,  and  in  like  manner  impowered,  in  behalfe  of  the  sd.  Province 
of  New  Yorke,  to  ascertain,  and  compleat  the  runing  of  the  sd  Partition 
Line  and  erect  need  full  Monuments  therein.  Which  Line  so  fully  corn- 
pleated,  and  perfected,  marked,  and  ascertained  shall  forever  hereafter 
be  deemed,  and  taken,  to  be,  and  remain  the  true  and  Sole  Partition 
Line,  and  Boundary,  between  this  Colonie,  and  the  sd.  Province,  as  by 
the  before  in  part  vested  Act  of  this  Colony,  It  is  particularly  enacted. 
In  Testimony  whereof  I  have  hereunto  Subscribed  my  hand,  and  caused 
the  publick  Seal  of  this  his  Majesties  Colony  to  be  affixed  this  10'.h  day 
of  December  In  the  tenth  year  of  the  Reign  of  Our  Sovereign  Lord 
George,  of  Great  Brittain  &c  King.     Annoq6  Domini  1723. 

A  True  Copy  Examd.  p  C  Christophers  Cler.  Con. 

[Endorsed]  :  Copy  of   the  Commission  to  Peter  Burr  Samuel  Eells 
Roger  Woolcot  and  Jonathan  Law  Esq"  appointed  Com!!  —  or  Survey- 
ors for  Compleating  the  Line  of  Partition  between  the  Colony  of  Con- 
ecticut  and  this  province 
— [iV.  T.  Col.  MSS.,  lxix,  27. 


[In  N.  Y.  Council.] 

December  13,  1723. 
♦  *  *  * 

The  Report  of  the  Committee  to  whom  was  Referred  a  Letter  of  the 
Eleventh  of  November  last  from  Gordon  Saltonstall  Governour  of  Con- 
necticut together  with  a  Copy  of  a  Resolve  of  the  Committee  of  the 
General  Assembly  of  Connecticut  Was  read  and  approved  of  by  this 
Board  and  is  as  follows. 

May  it  please  your  Excellency. 

In  Obedience  to  your  Excellencys  Order  in  Council  of  Yesterday 
referring  to  us  a  Letter  of  the  ll'!1  of  November  last  from  Gordon  Sal- 
tonstall Governour  of  Connecticut  together  with  a  Copy  of  a  Resolve  of 
the  Committee  of  the  General  Assembly  of  Conecticut  Concerning  the 
Division  Line  between  this  Province  and  that  Colony,  and  having 
advised  with  the  Gentlemen  formerly  Appointed  by  the  Assembly  of 
this  Province  to  join  with  us.  We  do  not  think  it  proper  to  make  any 
particular  Observations  in  the  Report  of  the  Committee  of  the  Assembly 


298  Copies  of  Documents  Relating  to  the 

of  Connecticut,  tho'  there  be  Occasion  Enough  given  in  their  Report  for 
remarks  until  it  appear  whether  the  Governm'  of  Connecticut  be  in 
Earnest  to  Settle  and  determine  the  Limits  and  Boundarys  betwixt  this 
Province  and  that  Colony  According  to  the  Agreements  in  1683  and 
the  Survey  that  followed.  And  therefore  are  humbly  of  Opinion 
that  your  Excellency  may  Appoint  Commissioners,  According  to  the 
Act  of  Assembly  of  this  Province  to  join  with  Commissioners  from 
Connecticut  for  setling  the  Boundarys  and  Limits  between  both  Colonys. 
But  because  of  the  Disappointments  the  Commissioners  formerly 
Appointed  met  with  by  those  of  Connecticut  not  being  fully  Impowered 
that  a  Copy  of  the  Commission  to  be  granted  to  the  Commissioners  for 
this  Province  be  sent  to  the  Governour  of  Connecticut  for  his  Perusal, 
And  that  the  said  Governour  be  desired  to  send  a  Copy  of  the  Com- 
mission granted  to  their  Commissioners  to  the  Governour  of  this 
Province  in  order  that  this  Government  may  be  fully  Satisfyed  of  their 
being  fully  Impowered  and  Preventing  any  fruitless  meeting  of  the 
Commissioners. 

The  Committee  is  further  of  Opinion  that  it  will  be  proper  for  both 
Commissioners  to  meet  sometime  before  the  Survey  be  begun  in  order 
to  settle  and  Agree  on  the  proper  Methods  for  performing  the  same 
and  Appointing  such  time  for  the  performance  of  it  as  may  be  most 
Convenient  for  both  sides  Which  is  humbly  Submitted  to  your  Excel- 
lency by 

Your  Excellency's  Most  Obedient  humble  Servants 

R  WALTER 
FRA:  HARISON 
CADWALLADER  COLDEN 

New  York 

Decembr  ye  13th,  1723. 

— [N.  T.  Council  Minutes  (MS.),  xiv,  248. 


December  30,  1723. 

Mr  Alexander  Chairman  of  the  Committee  Appointed  to  prepare  the 
Draft  of  a  Commission  for  runing  and  Ascertaining  the  Line  Limit  and 
Boundary  between  this  province  and  the  Colony  of  Connecticut  Reported 
that  they  had  prepared  the  same  and  Accordingly  laid  it  before  the 
Board  which  being  read  was  Approved  of. 

It  is  the  Opinion  of  this  Board  that  the  first  Tuesday  in  February 
next  at  the  Town  of  Rye  will  be  a  Convenient  Time  and  place  for  the 
Commissioners  of  this  Province  to  have  the  first  meeting  with  the  Com- 


Boundaries  of  the  State  of  New  York.  299 

missioners  of  Connecticut  about  runing  the  Division  Line  between  this 
Province  and  that  Colony  in  Case  the  Government  of  Connecticut  shall 
Agree  to  the  aforesaid  Time  and  place. 
— [N.  Y.  Council  Minutes  (M/S.),  xiv,  256. 


[Colony  of  Connecticut.] 
At  a  meeting  of  the  Governour  and  Council  in  New  London  January 

20th  1723/4. 
*  *  *  * 

Resolved,  That  a  Copy  of  the  Commission  prepared  some  time  since 
for  the  Commissioners  of  this  Government,  be  immediately  sent  to  his 
Excellency  the  Governour,  of  New  York.  And  that  the  Governour  be 
desired  to  give  Direction  to  the  Coramissionei-s  of  this  Colony,  to  attend 
the  meeting  proposed  at  Rye,  on  the  first  Tuesday  of  February  next,  It 
being  the  4th  day  of  the  s?  month. 

Resolved,  That  M'  John  Copp  of  Newark  attend  the  Commissioners 
of  this  Colony,  as  a  Surveyour,  to  Assist  in  runing  the  sd  Line. 
— [iV:  Y  Col  MSS.,  lxix,  30;   Conn.  Pub.  Bee.,  1717-1725,  p.  435. 


[Seal]  At  the  Court  at  ST  James's 

the  231  day  of  January  1723 
Present 
The  Kings  most  Excellent  Majesty 

[and  others] 

*  *  *  ■■  * 

Whereas  by  Commission  under  the  Great  Seale  of  Great  Britain, 
the  Governor  Councill  and  Assembly  of  His  Majesty's  Colony  of  New 
York,  Are  Authorized  and  Empowered  to  Make,  Constitute  and  Ordain, 
Laws,  Statutes  and  Ordinances,  for  the  Publick  Peace,  Welfare,  and 
Good  Government  of  the  said  Island;  Which  Laws,  Statutes  and 
Ordinances  are  to  be,  as  near  as  conveniently  may  be  Agreable  to  the 
Laws  and  Statutes  of  this  Kingdom,  And  are  to  be  transmitted  for  His 

Majesty's  Royall  Approbation  or  Disallowance And  Whereas  in 

Pursuance  of  the  Said  Powers,  An  Act  was  Past  in  the  Said  Colony  in 
1719,  Which  hath  been  Transmitted,  Entitled  as  follows,  Viz} 

An  Act  for  Running  and  Ascertaining  the  Lines  of  Partition  and 
Division  betwixt  this  Colony  and  the  Colony  of  Connecticut. 

Which  Act  having  been  Perused  and  Considered  by  the  Lords  Com- 
miss"  of  Trade  and  Plantations,  and  afterwards  by  a  Committee  of  the 
Privy  Councill  whose  Reports  thereon  were  this  day  read  at  the 
Board: — His  Majesty  in  Councill  taking  the  Same  into  Consideration, 


300  Copies  of  Documents  Relating  to  the 

Was  graciously  Pleased  with  the  Advice  of  his  Privy  Councill  to 
Declare  his  Allowance  and  Approbation  of  the  Said  Act,  And  pursuant 
to  His  Majestys  Royall  Pleasure  thereupon,  the  Said  Act  is  hereby 
Confirmed,  finally  Enacted,  and  Ratifyed  accordingly. 

Robert  Hales. 
[Endorsed]:  The  King's  Approbation  of  an  Act  past  1719  for  runing 
the  Partition  Line  between  New  York  and  Connecticut. 

— [iV~.  Y.  Col  MSS.,  lxix,  31. 


[In  N.  Y.  Council.] 

January  23,  1723/4. 

Ordered  that  the  Gentlemen  of  this  Board  or  any  five  or  more  of 
them  be  a  Committee  to  prepare  Instructions  for  the  Commissioners  and 
Surveyor  who  are  appointed  to  meet  Commissioners  from  the  Colony  of 
Connecticut  for  Runing  the  Division  Line  between  this  Province  and 
that  Colony  and  that  they  make  Report  thereon  on  Monday  next  and 
that  the  said  Committee  do  likewise  then  make  Report  to  this  Board  of 
what  Allowances  they  shall  think  proper  to  be  given  to  the  said  Com- 
missioners and  Surveyor. 

— [JV.  Y  Council  Minutes  (MS.),  xiv,  262. 


January  24,  1723-4. 

it  *  •   * "  * 

The  Committee  being  met  in  order  to  prepare  Instructions  for  the 
Commr.'  and  Surveyor  appointed  to  meet  Comra"  and  Surveyor 
appointed  by  the  Colony  of  Connecticut  for  runing  the  partition  Line 
between  this  province  and  that  Colony.  — 

Then  the  Committee  named  Mr  Alexander  for  their  Chairman,  and 
proceeded  to  Consider  of  proper  Instructions  for  the  purposes  aforesaid 
Whereupon  they  came  to  the  following  Resolutions  — 

That  the  Commissioners  and  Surveyor  do  conform  themselves  as  near 
as  possible  to  the  true  jntent  and  meaning  of  the  Articles  of  Agree- 
ment made  in  the  Year  1683.  between  Coll.  Thomas  Dongan  Gover- 
nour  of  New-York,  and  the  Council  thereof  on  one  side,  and  Robert 
Treat  Esq!  Governour  of  the  Colony  of  Connecticut  and  other  Commis- 
sioners of  that  Colony  on  the  other  side,  and  of  the  Report  of  the  Com- 
missioners and  Surveyors  of  this  Province  and  the  Colony  of  Connecti- 
cut which  Ensued  thereupon  and  which  was  approved  of  by  his  late 
Majesty  King  William,  And  Whereas  in  the  said  Agreement  a  Line 
parallel  to  Hudsons  River  in  every  place   twenty  miles  distant  from 


Boundaries  of  the  State  of  New  York.  301 

Hudsons  River,  was  agreed  to  be  the  bounds  between  the  said  Colonys 
with  some  Provisions  as  therein  are  mentioned  to  comply  exactly  with 
which  expression  may  bee  difficult  or  impossible. 

Therefore  you  may  agree  upon  one  or  more  streight  Lines,  nearly 
to  the  intention,  tho4  not  Strictly  according  to  the  words  of  the  said 
Agreement,  You  are  to  take  a  view  of  and  run  the  Lines  and  marks 
say'd  to  be  run  and  mark'd  by  the  Commissioners  and  Surveyors  in  the 
Year  1684.  pursuant  to  the  said  Agreement,  and  if  you  find  Sufficient 
Cause  to  believe  them  to  be  the  very  Lines  run  and  mark'd  by  the  said 
Commr."  and  Surveyors,  You  are  to  agree  to  them  and  Cause  them  to  be 
off  new  Distinguished  and  mark'd, — 

In  Case  the  Commissioners  of  Connecticut  upon  your  meeting  with 
them  do  absolutely  Refuse  to  agree  to  view  and  run  the  Lines  Run  in 
1684  and  insist  to  continue  the  work  from  a  Tree  which  they  pretend  is 
the  Tree  fixt  by  the  Surveyors  in  1684  as  twenty  Miles  from  Hudsons 
River  and  from  thence  to  Lay  off  the  Equivalent,  You  are  rather  than 
to  break  with  them  on  that  point  to  agree  to  begin  from  that  Tree 
Provided  that  upon  your  own  view  and  runing  of  the  former  Lines  you 
shall  find  it  to  be  nearly  Just,  and  if  they  will  not  Join  in  this  your 
view  you  are  to  insist  as  much  as  possible  that  they  do  send  one  or  more 
to  be  Witnesses  to  the  Justness  of  your  work — 

Ordered  that  M'  Alexander  do  Report  the  same  Accordingly. — 

By  order  of  the  Committee 

JA:  ALEXANDER  Chairman 

[Endorsed]:  Resolve  of  a  Committee  of  Council  of  proper  Instruc- 
tions for  the  Commissioners  appointed  in  behalf  of  this  Province  to 
meet  Commissioners  from  Connecticut  for  Runing  the  Partition  Line 
—[N.  T.  Col.  MSB.,  lxix,  32. 


January  27,  1723/4. 
*  *  *  * 

His  Excellency  laid  before  this  Board  a  Letter  from  Gordon  Salton- 
stall  Esq1-  Governour  of  Connecticut  dated  at  New  London  the  20th 
Instant  concerning  the  runing  the  Division  Line  between  this  Province 
and  that  Colony  together  with  a  Minute  of  the  Council  relating  thereto 
and  the  Copy  of  a  Commission  appointing  Commissioners  and  a  Sur- 
veyor for  that  purpose. 

M*  Alexander  Chairman  of  the  Committee  appointed  to  prepare 
Instructions  for  the  Commissioners  and  Surveyor  who  are  appointed  in 
behalf  of  this  Province  to  meet  Commissioners  and  Surveyor  from  the 
Colony  of  Connecticut  for  runing  the  Division  Line  between  this 
Province  and  that  Colony  in  his  place  Reported  that  the  said  Commit- 


302  Copies  of  Documents  Relating  to  the 

tee  had  prepared  the  Same  which  being  read  were  approved  of  by  this 
Board  &  are  as  follows  viz! 

That  the  Commissioners  and  Surveyors  do  Conform  themselves  as  near 
as  possible  to  the  true  Intent  and  meaning  of  the  Articles  of  Agreement 
made  in  the  year  1683,  between  Coll.  Thomas  Dongan  Governour  of 
New  York  and  the  Council  thereof  on  one  side  and  Robert  Treat  Esq:' 
Governour  of  the  Colony  of  Connecticut  and  other  Commissioners  of 
that  Colony  on  the  other  side  and  of  the  Report  of  the  Commissioners 
and  Surveyors  of  this  Colony  and  the  Colony  of  Connecticut  which 
Ensued  thereupon  and  which  was  approved  of  by  his  late  Majesty  King 
William  And  wheekas  in  the  said  Agreement  a  line  Parrallell  to 
Hudsons  River  in  Every  place  Twenty  miles  Distant  from  Hudsons 
River  was  agreed  to  be  ye  bounds  between  the  said  Colony  with  some 
Provisions  as  therein  are  mentioned  to  Comply  Exactly  with  which 
Expression  may  be  Difficult  or  Impossible. 

Theeefoee  you  may  agree  upon  one  or  more  streight  Lines  near  by 
to  the  Intention  tho'  not  strictly  according  to  the  words  of  the  said 
Agreement  you  are  to  take  a  View  of  and  Run  the  Lines  and  marks 
said  to  be  Run  and  marked  by  the  Commissioners  and  Surveyors  in  the 
year  1684  pui'suant  to  the  said  Agreement  and  if  you  find  Sufficient 
Cause  to  believe  them  to  be  the  very  Lines  run  and  marked  by  the  said 
Comm"  and  Surveyors  You  are  to  Agree  to  them  and  Cause  them  to  be 
of  New  Distinguished  and  marked  In  case  the  Commissioners  of  Con- 
necticut do  upon  your  meeting  do  absolutely  Refuse  to  Agree  to  View 
and  Run  the  Lines  run  in  1684,  and  Insist  to  Continue  the  Work  from 
a  Tree  which  they  pretend  is  the  Tree  fixt  by  the  surveyors  in  1684.  as 
Twenty  Miles  from  Hudsons  River  and  from  thence  to  Lay  of  the 
Equivalent  you  are  rather  than  to  break  with  them  on  that  point  to 
Agree  to  begin  from  that  Tree,  Provided  that  upon  your  own  View  and 
Runing  of  the  former  Lines  you  shall  find  it  to  be  nearly  Just  and  if 
they  will  not  Join  in  this  your  View  you  are  to  Insist  as  much  as  possi- 
ble that  they  do  send  one  or  more  to  be  Witnesses  to  the  Justness  of 
your  Work. 

Ordered  that  Instructions  be  prepared  accordingly. 

It  is  likewise  Ordered  that  the  Deputy  Secretary  do  prepare  Copys  of 
such  papers  and  Records  as  the  said  Commissioners  and  Surveyor  shall 
Judge  necessary  for  the  Service  aforesaid 

This  Board  having  taken  into  Consideration  what  may  be  a  proper 
allowance  for  the  Commissioners  and  Surveyor  for  meeting  with  the  Com- 
missioners and  Surveyor  of  Connecticut  on  the  first  Tuesday  of  February 
next  at  Rye  and  there  to  Stay  and  Concert  Measures  for  runing  the 
Division  Line  between  this  Province  and  that  of  Connecticutt, 

Resolved  that  Each  of  the  four  Comm"  have  fifteen  pounds  a  peice 


Boundaries  of  the  State  of  New  York.  303 

for  that  service  and  that  Doctor  Colden  being  one  of  the  Commissioners 
have  above  the  allowance  aforesaid  the  Sum  of  five  pounds  as.... 
Surveyor. 

Ordered  that  Warrants  be  prepared  accordingly. 

It  is  further  Ordered  that  a  Commission  be  prepared  forthwith  for  the 
Commissioners  and  Surveyor  aforesaid  for  Runing  the  Partition  Line 
between  this  Province  and  Connecticut  pursuant  to  the  Draft  prepared 
by  a  Committee  of  this  Board  for  that  purpose.1 
— [JV.  Y.  Council  Minutes  (MS.),  xiv,  263.  . 


January  31,  1723/4. 

The  following  Warrants  after  being  Read  were  Signed  by  his 
Excellency  Viz* 

To  Francis  Harison  Esq'  one  of  the  Commissioners  appointed  for 
Runing  the  Division  Line  between  this  Province  and  the  Colony  of  Con- 
necticut the  Sum  of  fifteen  pounds  as  an  allowance  for  meeting  with  the 
Commissioners  and  Surveyor  of  Connecticut  on  the  first  Tuesday  of  Feb- 
ruary next  at  Rye  there  to  Concert  Measures  for  Runing  the  said  Line. 

The  Like  to  Cadwaller  Colden  Esq'  for  the  sum  of  Twenty  pounds  for 
being  Commissioner  and  Surveyor. 

The  Like  to  David  Provoost  Esq'  for  fifteen  pounds. 

The  Like  to  Joannes  Jansen  Esqf  for  the  same  sum. 

— [JV.  Y.  Council  Minutes  (MS.),  xiv,  267. 


March  19,  1723/4. 

*  .  *  *  * 

Then  Mf  Alexander  took  his  place.  The  Commissioners  appointed  to 
agree  upon  and  to  run  and  Ascertain  the  partition  Line  Limit  and 
Boundary  between  the  province  of  New  York  and  the  Colony  of  Con- 
necticut. Reported  that  they  set  out  according  to  their  appointment  on 
Monday  the  third  of  February  in  order  to  meet  the  Commissioners 
from  Connecticut  at  Rye  and  waited  from  Tuesday  the  Day  appointed 
for  that  meeting  till  Saturday  afternoon  During  which  time  a  funural 
passed  from  a  place  further  in  Connecticut  than  where  Some  of  the 
Commissioners  of  that  Colony  lived  and  upon  the  same  Road  and  Sev- 
eral other  passingers  at  different  times  who  say'd  they  had  seen  some 
of  those  Gentlemen  at  their  Houses  at  last  the  Post  past  on  Saturday 
without  one  word  from  them  tho'  he  had  passed  by  some  of  their 
Houses  having  waited  this  five  days  without  hearing  any  thing  the 
Comm'.'  of  Connecticut  they  Returned  to  New  York  on  the  Monday 

1  See  Commissions  (in  Office  of  N.  Y.  Sec'y  of  State),  ill,  247. —  [P. 


304  Copies  of  Documents  Relating  to  the 

following  they  wrote  by  the  Post  to  the  Coram™  of  Connecticut  inform- 
ing them  that  the  Comm™  of  this  pi'ovince  had  kept  the  appointment 
punctually  and  that  they  had  waited  five  Days  without  any  Information 
of  any  accident  which  had  hindred  those  of  Connecticut  tho'  those 
Gentlemen  had  Several  opportunity^  of  acquainting  the  Comm™  of  this 
Province  with  it  if  any  had  happened  and  desired  them  that  if  any  acci- 
dent had  prevented  them  they  would  name  some  other  time  In  answer 
to  this  the  Commissioners  of  this  Province  Received  a  Letter  excusing 
this  Disappointment  by  Reason  of  the  badness  of  the  weather  and  one 
of  the  Comm?  of  that  Colony  being  Sick  but  without  naming  any  time 
when  they  would  meet  the  Commissioners  of  this  Province. 

Upon  this  his  Excellency  acquainted  the  Board  that  he  had  wrote  to 
Governour  Saltonstall  to  Complain  of  this  Disappointment  and  Received 
for  Answer  that  the  Weather  had  been  Extreamly  bad  and  some  of  ye 
Ferrys  Dangerous,  That  the  Commissioners  from  Connecticut  had 
proceeded  on  their  Journey  till  the  bad  weather  had  prevented  them, 
as  they  supposed  it  had  done  those  from  New  York  Governour  Salton- 
stall did  likewise  Express  his  great  Concern  for  the  Disappointment  and 
desired  another  day  may  be  fixed,  in  Return  to  this  his  Excellency 
desired  him  to  name  the  time  and  that  when  the  Commissioners  shall 
be  arrived  att  New  Rochel  to  send  his  Excellency  notice  upon  which 
the  Commissioners  of  New  York  shall  Join  them  Governour  Saltonstall 
in  Answer  has  proposed  the  seventh  of  April  next  his  words  are  — 
"  Our  Commissioners  if  Providence  permit  will  be  that  day  at  New 
"  Rochel  as  you  have  been  pleased  to  propose  and  from  thence  you  shall 
be  forthwith  advised  of  it  by  an  Express  from  them  to  make  some 
amends  for  their  failing  the  first  appointment  they  shall  come  fully 
Empowered  not  only  to  agree  upon  the  matter  but  also  to  proceed  upon 
the  matter  and  accomplish  the  thing  it  self. — 

— \N.  Y.  Council  Minutes  (MS.),  xiv,  268. 


April  2,  1724. 

Resolved  that  when  the  agreement  shall  be  finished  in  what  manner 
to  Run  the  Partition  Line  between  this  province  and  the  Colony  of 
Connecticut  that  the  attendance  of  one  of  the  Commissioner  besides 
the  Surveyor  General  shall  be  Sufficient  at  the  actual  Survey  and  that 
each  Commissioner  during  the  actual  Survey  besides  the  Surveyor 
General  shall  attend  in  the  order  that  he  is  named  in  the  Commission 
during  one  fortnight  and  then  the  next  give  his  attendance  for  the  like 
time  untill  the  actuall  Survey  is  finished  unless  they  can  otherwise 
agree  among  themselves  to  Supply  one  anothers  Room.  — 


Boundaries  of  the  State  of  New  York.  305 

It  is  further  Resolved  that  each  Coram?  be  allowed  during  his  atten- 
dance on  the  actuall  Survey  Twenty  Shillings  p  Diem  and  Reasonable 
Charges,  That  the  Surveyor  General  besides  his  allowance  as  Com- 
missioner be  allowed  fifteen  Shillings  p  Diem  with  Such  Reasonable 
Charges  as  the  Survey  will  Require  in  Chain  Bearers  and  other 
things.  — 

That  there  be  allowed  for  an  Assistant  to  the  Surveyor  General  the 
Sum  of  fifteen  Shillings  p  Diem  and  Reasonable  Charges.  — 

That  it  be  an  Instruction  to  the  Commissioners  not  to  begin  the 
a»i  iiall  Survey  untill  the  manner  and  Term  of  performing  the  Said  Sur- 
vey and  every  part  of  it  are  entirely  agreed  and  setled  between  the 
Comm™  of  this  Province  or  any  three  of  them  and  the  Commissioners 
of  Connecticut  or  any  three  of  them  under  their  hands  and  Seals  in  two 
Distinct  writings  one  whereof  is  to  be  Delivered  into  the  hands  of  the 
Commissioners  for  this  province  and  the  other  into  the  hands  of  the 
Commissioners  for  Connecticut  and  that  when  the  said  agreement  shall 
have  been  so  Compleated  the  Commissioners  are  hereby  Instructed  to  do 
their  utmost  Endeavours  that  the  actual  Survey  be  gone  upon  without 
Loss  of  time.  — 

— [N.  Y.  Council  Minutes  (MS.),  xiv,  272. 


[Connecticut  Commissioners  to  New  York  Commissioners.] 

[Endorsement.]    1st  Proposal  from  y!  Com™    of  Conecticut  dated  at 

New  Rochel  April  y!  18*  1724 

The  Com"  on  yf  part  of  Conecticutt,  to  y!  Gentlemen  Com™  for  the 
Province  of  N.  York,  for  a  quiet  and  peaceable  Ascertaining  the  Par- 
tition Line  between  the  two  Govermu Propose 

That  its  manifest  That  a  Survey  was  begun  in  1684  and  by  the  Report 
yl  of  under  the  hands  of  the  Surveyers  (which  Report  with  y!  Agree- 
ment, y!  Rule  of  ye  Survey  was  after  Confirmed  by  K:  William  in 
Council)  It  appears  That  Monuments  were  made  in  the  first  eight  mile 
Line  from  Lions  Point,  And  That  a  Mensuration  was  made  for  the  find- 
ing out  ye  fourth  Line  being  yf  Second  Line  of  Partition,  tho  they  Report 
not  of  any  Monuments  erected  by  ym  therein,  for  want  wf  of,  their 
Doings  amounted  not  to  a  Survey,  but  only  the  Inchoation  y*  of;  Yet 
in  as  much  as  there  is  certainly  a  Line  of  marked  Trees  ranging  East- 
ward from  three  remarkable  Trees  at  or  near  yf  end  of  the  first  Partition 
Line  described  by  the  agreem'  and  famously  known  by  comon  Reputa- 
tion to  be  the  three  Trees  described  in  yf  Report  of  the  Survey  afores?, 
and  that  at  yf  Eastern  End  of  yf  afores*  Range  of  marked,  there  is  a 
remarkable  Oak-Tree,  with  many  Letters  anciently  made  upon  it  and 
many  Stones  cast  about  it,  by  comon  ffame  Reputed  to  be  the  Duke's 
20 


306  Copies  of  Documents  Relating  to  the 

Tree,  and  yet  to  be  Evidenced  at  least  by  one  living  Testimony,  present 
with  the  Surveyers  at  the  marking  of  it  for  the  Duke's  most  Eastern 
Boundary.  Altho  We  are  sensible  That  it  extendeth  further  East  upon 
Us  than  a  true  Survey  according  to  y!  Agreem'  will  extend,  yet  if  you 
will  take  our  Evidence  Intire  (i.  e.)  to  prove  That  that  is  the  Tree  as 
well  as  to  prove  That  the  Surveyers  did  mark  a  Tree  for  a  Monument, 
We  will  Agree  to  proceed  from  the  s*  Tree  to  runn  a  paralell  Line  to 
Hudsons  River,  to  that  part  of  yf  River  where  y!  Reach  below  Sarah's 
Point  or  that  above  it  will  Strike  yf  si  Tree  upon  Rect  Angles,  or  if  it 
Shall  happen  That  yf  sd  Tree  be  found  to  Stand  in  the  intermediate 
Space  between  yf  place  where  Perpendicular  Lines  raised  from  either 
of  those  Reaches  Shall  carry  Us  That  then  We  will  begin  yf  Paralell 
from  the  sd  Point  and  runn  yf  Length  of  each  Course  of  yf  River  on  yf 
same  Points  w^  yf  River  till  the  paralell  Line  cutts  the  Massathusetts 
Line  and  erect  Monuments  as  We  proceed. 

Otherwayes  We  propose  to  Resurvey  yf  first  Line  and  then  to  measure 
the  Second  Line  twelve  miles  from  Lion's  Point  according  to  yf  comon 
Course  of  yf  Sound  Eastward,  and  at  the  end  y'  of  to  measure  eight 
miles  from  yf  Sound  on  a  N.  N.  West  Course  up  into  yf  Countrey  and 
then  to  draw  the  fourth  Line  from  the  end  of  the  third  Line  to  the  end 
of  the  first  Line  and  from  the  Eastward  End  of  yf  fourth  to  run  a  paralell 
to  Hudson's  River  and  to  that  part  of  it  wff.  shall  be  found  Regular 
by  yf  above  mention'd  Rules,  and  then  We  will  Compute  yf  Land 
dimished  by  yf  first  and  fourth  Lines  according  to  yf  Agreem'  and  erect 
Monuments  as  We  proceed  to  remain  as  yf  Partion  Lines  between  yf 
Govif  That  is  to  say  yf  first  fourth  and  yf  Paralell  Line  with  ye  Addition 

New  Rochell  April  13lf  1724  SAMLi:  EELLS 

ROGER   WOLCOTT 
JON™  LAW 
— [N.  Y.  Col  MSS.,  lxix,  34. 


[Endorsement.]     2d  proposal  from  the  Comm™  of  Conecticut  dated  at 
New  Rochel  April  ye  14th  1724. 
Gentlemen 

The  Questions  you  propose  to  Us,  We  are  well  assured  you 
are  farr  better  able  to  Resolve  than  We  are,  especially,  That  which 
relates  to  your  own  Comission  Indeed  we  make  no  Doubt,  but  that 
its  full  and  without  Limitation  left  to  your  prudence,  arbitrament  and 
Discretion  and  whatsoever  you  shall  do  in  that  matter,  without  Restric- 
tion by  any  thing  done  by  K.  Ch:  more  anciently  or  by  K:  William 
since  and  without  any  Dependance  upon  any  Condition  expectant,  Our 
Agreement  to  it  only  excepted,  We  Understand  to  be  Confirm'd  by  Aci 
of  your  Assembly  forever 


Boundaries  gf  the  State  of  New  York.  307 

And  as  to  that  wf*  relates  to  Us,  We  shall  remove  the  Supposition  on 
which  its  founded  by  Declaring  to  you,  That  by  a  ReSurvey  of  yf.  first 
Line,  We  dont  Intend  a  Setting  of  it  aside,  but  to  abide  by  yf.  Monu- 
ments wf*  yf.  Surveyers  Report  they  there  erected,  and  if  any  Doubt 
were  with  you  about  them,  to  prove  y™  by  yf.  same  Rules  by  which  they 
were  erected,  which  we  are  persuaded  falls  well  within  our  Comission. 
Which  if  you  Differ  from  Us  in.  We  presume  you  will  readily  comply 
with  our  first  proposal  wlh  is  to  keep  to  keep  yf  Monuments  in  yf.  next 
Line  as  well  as  ye  first. 

Dated  at  New  Rochell  SAMLL  EELLS 

April  ye  14th  1724  ROGER  WOLCOTT 

JON™  LAW 
To  yf  Gentlemen  Com!! 
for  N.  York 

— [JV.  Y  Col  MSS.,  lxix,  35. 


[Endorsement.]    3d  paper  of  proposals  from  ye  Gentle  a  Conecticut  dat* 
ye  14th  April  1724  at  New  Rochel 

Gentllmen 

We  have  well  observed  ye  Reply  last  made  by  you  to  Consist  of 
two  parts,  y°  first  represents  to  us,  That  ye  means,  by  which  we  would 
have  Supply'd  ye  Defects  in  the  Report  of  ye  Survey,  is  looked  upon  by 
you,  to  be  insufficient,  and  that  which  you  Dare  not  trust  to,  yet  We 
must  retain  our  own  opinion  of  ye  Sufficiency  thereof,  notwithstanding 
if  your  tho'ts  are  right  therein,  We  must  then  acknowledge,  That  we 
look  upon  it  in  that  part  thereof  to  wholly  fail,  in  which  Opinion  we 
take  you  to  be  full  with  Us,  for  certainly  as  We  understand  it,  it  cannot 
be  otherwayes  Supply'd  by  any  thing  that  We  can  produce,  and  Con- 
jecture That  ye  Reason  why  they  omitted  the  making  monuments  in 
that  Line  and  putting  them  in  their  Report  might  proceed  from  a  Sense 
they  had  of  their  Departure  from  ye  Rules  prescribed  in  the  agreement — 

As  to  the  Second  thing  you  propose  Its  very  agreeable  to  us  only  in 
that  it  terminates  with  ye  end  of  the  first  Line  and  dos  not  go  on  with 
us  to  y*  end  of  the  Agreement  as  We  proposed  neither  dos  it  exhibit  to 
us  any  Exceptions  taken  by  you  against  any  part  of  the  Residue  thereof, 
Into  which  therefore  We  must  delay  our  Coming  till  the  whole  be 
agreed. 

New  Rochel  April  14th  SAMLL  EELLS 

1724  —  ROGER  WOLCOTT 

To  the  Gent!!men  Commission"  JONI?  LAW. 

from  New  York  — 
—[N.  Y  Col.  MSS.,  lxix,  36. 


808  Copies  of  Documents  Relating  to  the 

[Endorsement.]     4th  Paper  from  Connecticut  Corar., 

Gentlemen 

You  may  Very  well  remember  That  in  our  verbal  Conference 
It  was  Concluded  between  Us,  That  Proposals  on  both  Sides  being 
advanced  at  the  Same  Instant  would  be  attended  with  Inconveniencies 
and  That  Since  That  was  moved  on  our  Side  That  therefore  We  should 
make  the  first  Proposals  and  upon  your  non  Complyance  with  them 
That  then  we  should  receive  yours.  Where  upon  we  proposed  That  a 
Paralell  to  Hudsons  River  Should  be  runn  from  a  Certain  Tree  fam'd 
amongst  us  for  the  Dukes  Tree  as  the  partition  Line  on  that  part  between 
ye  Governments,  or  to  runn  and  State  all  the  Partition  Lines  Excepting 
only  the  first  Line  which  W  e  Supposed  to  have  been  well  done  by  the 
former  Survey,  the  Monuments  in  which  if  they  were  lost  or  uncertain 
should  be  Refreshed  or  Renewed  by  a  Resurvey  Begining  at  Lyons 
Point  to  measure  the  Twelve  Mile  and  So  to  proceed  enumerating  the 
particular  Steps  as  mentioned  in  the  Agreement.  The  first  of  which 
you  Rejected  or  Waved  and  proceeded  to  the  Second  and  proposed  a 
Complyance  to  the  first  article,  and  now  you  Signifie  to.  us  that  you 
desire  nothing  but  what  is  Right  and  because  it  is  Right  which  We 
take  notice  of  with  a  great  deal  of  Satisfaction  and  Assure  you  that  we 
are  and  will  be  actuated  by  the  Same  principles,  and  in  Case  you  can 
Shew  us  that  the  articles  which  have  been  therein  proposed  or  any  one 
or  more  of  them  are  not  Just  or  Right  to  be  the  Rule  for  Regulating 
our  Survey  by  We  will  readily  Sett  that  or  them  aside  and  by  a  new 
Agreement  Supply  whatsoever  can  be  discarded  out  of  the  agreement, 
or  if  you  will  Show  us  that  we  have  Misunderstood  and  Misconstrued 
any  part  of  the  Agreement  We  shall  be  Ready  to  Correct  our  tho'ts 
there  in,  Other  Wayes  we  think  it  regular  that  you  should  tell  us  plainly 
you  will  not  Comply  with  Either  of  our  afore  sd  proposals,  and  We  shall 
Stand  ready  to  Receive  your  Proposals  to  us  and  our  Answers  Shall  be 
Plain,  full  and  Perspicuous  in  the  Affirmative  or  Negative,  and  if  we 
can  consent  to  any  Articles  Contain'd  in  it  we  will  Express  it  and  Say 
distinctly  which  we  Reject  with  Express  Reasons  that  shall  Govern 
our  Resolutions  to  Deny  it  — 
New  Rochell  April  U*  1724 

SAMLL  EELLS 
To  the  Comission?  from  the  ROGER  WOLCOTT 

Province  of  New  York  JON™  LAW 

— [iV.  T.  Col.  MSS.,  Ixix,  37. 


Boundaries  of  the  State  of  New  York.  309 

[Endorsement.]    5th  Paper  from  Connecticut  Com" 

Gentlemen 

Whether  We  have  been  So  distinct  and  Clear  in  what  We 
have  wrote  as  you  have  been,  the  Writings  must  Speak  for  themselves. 
We  can  only  Assure  you  That  wherein  We  have  fallen  short  hath  not 
proceeded  from  the  Want  of  an  Inclination  to  it  (in  which  Respect  we 
are  Sure  you  cannot  exceed  us)  but  nieerly  and  wholly  for  want  of 
Ability.  When  you  Signified  to  Us  your  Thot's  That  our  second  Pro- 
posal in  our  first  Paper  was  inconsistant  with  your  Comission  because 
of  King  William8  Confirmation  and  with  ours  for  the  same  Reason  and 
also  by  Reason  of  the  Restrictions  contain'd  in  it,  We  with  all  Sub- 
mission Signified  our  Apprehension  about  your  Comission,  That  this 
affair  was  left  to  your  Discretion  without  any  limitation  our  Concurrence 
only  Excepted,  And  that  in  as  much  as  the  proposal  was  not  to  Sett 
aside  ye  Survey  but  Closely  to  pursue  it  So  farr  as  it  was  Compleated 
by  Erecting  Monuments  therein,  And  the  Residue  of  their  Report  Con- 
tained no  more  than  an  Account  of  ye  Inchoation  of  a  Survey.  That 
Since  You  Rejected  our  Evidence  to  Supply  that  defect  And  that  a  third 
Sort  of  Evidence  would  not  be  assign'd  as  We  tho't  to  Supply  it,  We 
firmly  relying  on  that  ancient  Rule  of  the  law  viz  Non  apparentibus  et 
non  Existentibus  eadem  est  Ratio,  did  Conclude  We  gave  no  Occasion 
for  the  Question,  And  that  the  Proposal  did  no  way  Contradict  ye  Sur- 
vey and  well  pursued  it  so  farr  as  it  appeared  Compleated  and  that 
then  we  Should  be  remitted  back  to  the  Rules  of  the  Agreement  and 
not  follow  the  Rules  of  the  incompleated  Survey  wherein  it  departed 
from  them  so  manifestly,  haveing  first  proved  the  monuments  which 
were  Reported,  by  the  Rules  by  which  they  were  Erected. 

Upon  your  Satisfaction  wth  our  Explication  you  Say  you  gave  us 
the  Reasons  why  you  Could  not  agree  to  our  proposal ;  whereas  the 
proposal,  against  your  Complyance  with  which,  you  gave  Your  Reasons 
was  our  first  Proposal  about  ye  Dukes  Tree  and  the  Explication  we 
gave  you  of  your  Questions  related  intirely  to  our  Second  Proposal 
about  Resurveying  the  first  Line  from  Lions  point  to  the  three  marked 
Trees  Reported  in  the  Survey  &  then  to  measure  the  Second  Line 
mentioned  in  the  Agreement  from  Lyons  point  and  So  on  enumerating 
y*  particular  Steps  as  rehearsed  in  the  Agreement  to  the  end  thereof. 
We  cant  understand  how  you  should  take  any  Exception  against  us  for 
our  Concluding  That  it  was  regular  for  you  to  Signify  unto  us  your 
Complyance  or  nonCompl=yance  with  the  whole  of  our  Second 
Proposal  in  Stead  of  Terminating  your  answer  with  the  first  Article  in 
it,  And  then  Shewing  our  Readiness  when  that  was  over  to  Receive 
your  proposal  &  Promising  that  our  Answers  to  your  Proposal  should 
be  plainly  in  ye  Affirmative  or  Negative  with  our  Express  Reasons  of 


310  Copies  of  Documents  Relating  to  th*. 

our  Dissent  to  each  Article  with  which  we  Could  not  Consent.  We 
acknowledge  we  Scruple  our  authority  to  alter  any  part  of  ye  agreement, 
unless  it  were  in  Complyance  with  the  monuments  erected  hy  the 
Survey™  different  from  the  Agreement,  yet  We  look  upon  our  Authority 
to  be  greater  than  theirs.  And  to  Close  the  whole  matter  We  tell  you 
plainly  that  our  opinion  is  that  there  is  nothing  binding  by  ye  Report 
of  the  Survey  any  further  than  they  Report  the  Monuments  which  is 
only  in  the  first  Eight  Mile  line  and  that  the  East  N  East  Line  measured 
by  them  doth  no  more  ascertain  that  Line  than  a  Declaration  in  their 
Chambers  would  have  done  and  We  no  more  holden  by  it,  and  shall 
not  Comply  with  it  your  arguments  against  which  Positions  we  are 
Ready  to  receive  Gentlemen  if  you  Desire  it  Either  Orally  or  by 
Writing — 

N  Rochel- April  15th  1724  SAM"-  EELLS 

To  the  Comission™  from  ROGER  WOLCOTT 

the  Province  of  New  York  JON™  LAW 
— [JST.  T.  Col.  MS&,  lxix,  38. 


[Endorsement.]     6th  Paper  from  Connecticut  Com™ 

New  Rochel  April  Wl  1724. 

Gentlemen 

What  you  receive  from  Mr  Woolcott  by  word  of  Mouth 
you  might  very  well  Conclude  to  be  mistaken  by  your  Selves  or  him 
when  you  Came  to  read  under  all  our  hands  that  our  Positive  Opinion 
about  the  East  N  E  Line  Reported  by  the  Surveyors  to  have  been 
measured  by  them,  was  not  binding  to  us  and  that  we  should  not 
be  holden  by  it,  being  given  to  you,  We  declar'd  our  Readiness  to  Receive 
your  arguments  against  our  Opinion  and  present  Resolution  either  in  a 
Conference  or  by  Writing,  as  should  be  most  agreeable  to  you  Gentle- 
men And  the  Question  being  thus  fairly  Stated,  Whether  the  Survey  were 
binding  in  the  E  N  E  Line  mentioned  in  the  Report  on  which  you  were 
in  the  affirmative  and  We  in  the  Negative.  And  We  expected  as  We 
well  might  to  have  Received  your  Arguments  by  Word  of  Mouth  in 
a  Conference  or  in  writing.  That  instead  thereof  we  Should  have  your 
four  Questions  offer'd  to  Us,  is  beyond  our  Expectation,  We  will  not 
say  to  our  Surprize.  We  think  that  there  is  is  not  one  of  them  which  by 
a  candid  Construction  of  your  Questions  we  have  not  fully  already 
delivered  our  understanding  and  Determinations  of  them  — 

Yet  since  you  have  required  ye  Questions.  We  Say  to  ye  first  of 
them  (Spare  us  ye  repeating  of  them)  as  we  have  done  That  we  are  bound 
by  the  Survey  performed  by  y'  Comiss™  &  Survey"  in  ye  year  1684,  So 
farr  as  they  ascertained  ye  Lines  by  Erecting  Monuments  Evidenced  by 


Boundaries  of  the  State  of  New  York.  311 

their  Report,  which  Extendeth  to  y*  End  of  ye  first  Eight  Mile  Line  and 
No  further.  As  to  ye  Second  Question  and  ye  Third,  We  Say,  That 
that  which  is  positively  agreed  too  on  both  Sides  as  these  have  been, 
Cant  posibly  be  yet  in  Question  between  us,  Yet  we  Again  Declare 
ourselves  in  the  Affirmative.  And  as  to  ye  fourth  Question  as  we  have 
heretofore  and  upon  your  first  Question  Declared  our  Selves  in  the 
Negative  So  we  do  now  repeat  it  to  you  That  by  any  thing  Contained 
in  ye  aforesd  Survey,  a  Line  runing  East  North  East  Thirteen  Miles  & 
Sixty  four  Rodds  from  ye  end  of  ye  North  North  West  Line  drawn 
from  ye  great  Rock  at  ye  Wadeing  place  of  which  you  have  Spoken  So 
farr  as  the  Said  East  North  East  line  runns,  is  not  become  ye  Partition 
Line  between  the  Provbace  of  New  York  and  Connecticutt.  And  if 
you  please  we  will  add  that  it  never  Can  be  without  a  Violation  of  ye 
Agreement  made  by  the  Comission"  in  1683  which  Sais  That  a  Line 
drawn  from  ye  End  of  ye  Third  Line  mentioned  in  the  Agreement  Shall 
be  ye  Dividing  Line,  from  ye  East  End  of  which  fourth  Line  the  paralell 
Line  to  Hudsons  River  shall  be  runn  &c  which  fourth  Line  will  not 
Extend  So  farr  Eastward  as  ye  E  N  E  Line  aforesd  will  Extend  to. 
And  thus  Gentlemen  in  a  Good  Temper  we  Stand  ready  to  Receive 
your  Arguments  as  before,  Tho  the  Question  wherein  we  differ  be  be 
New  Stated  with  the  Reasons  of  our  Opinion  for  our  being  in  ye 
Negative 

To   the    Gentlemen  SAMLL  EELLS 

Comission™  from  the  ROGER  WOLCOTT 

Province  of  New  York  JON™.  LAW 
— [2K  Y  Col.  MSS.,  lxix,  39. 


[Endorsement.]     7th  Paper  from  Connecticut  Com™ 
Gentlemen 

To  forbear  making  a  Review  of  the  management  of  this  affair 
between  us  by  the  proposals  and  replys  y*  have  passed  and  repas'd  and 
finally  Centered  on  our  Second  proposal  wherein  we  have  Settled  ye 
State  of  that  matter  in  a  good  Concurrence  to  the  end  of  the  first 
partion  Line  from  Lyons  point  to  the  northerly  end  of  that  Line  and 
Stated  the  Controversy  about  y*  Second  partition  Line  about  wh  We 
had  different  apprehensions  Since  you  have  tho't  best  not  to  proceed 
therein  but  to  Come  into  a  new  proposal  pretty  agreeable  to  our  first  as 
we  take  it  with  this  difference  only  that  whereas  we  proposed  that  ye 
tree  which  we  Call  the  Dukes  tree  Should  be  the  place  from  whence  the 
partition  Line  between  the  two  governments  parrell  to  Hudson  River 
Should  be  drawn  till  it  intersect  the  massathusetts  Line  that  a  Line 
draw  from  ye  northerly  end  of  the  first  Line  aforesaid  to  the  Said  tree 


312  Copies  of  Documents  Relating  to  the 

Should  be  y*  Second  partition  Line  in  Case  it  be  found  Standing  near 
the  place  where  a  Line  drawn  on  an  East  north  East  Course 
thirteen  miles  sixty  four  Rodds  from  the  first  mentioned  Line  shall 
terminate  otherwise  that  a  Line  drawn  from  ye  northerly  end  of  the 
first  mentioned  Line  drawn  from  the  grate  Rock  at  the  wading  place  in 
biram  River  Six  miles  &  an  half  north  north  west  to  runn  from  ye 
northerly  end  of  the  sd  Line  on  an  East  north  East  Course  thirteen 
miles  and  Sixty  four  Rodds  should  be  ye  Second  partition  Line  unto  the 
end  thereof  and  that  ye  partition  Line  from  thence  should  be  a  paralell 
Line  to  Hudson  River  till  it  Intersect  ye  massathusetts  Line  In  which 
proposal  if  we  mistake  you  not  we  agree  with  you 

New  Rochell  April  171!  1724  SAMLL  EELLS 

To  the  Gentlemen  Com!!  ROGER  WOLCOTT 

from  New  York  JON™  LAW 

— [iV:  Y.  Col  MSS.,  lxix,  40. 


[Endorsement.]     8th  Paper  from  Connecticut  Com™ 

Gentlemen 

Yesterday  in  yf  Afternoon  after  you  had  received  our  last 
and  came  to  our  Chamber  and  with  so  pleasant  an  Aspect  invited  Us  to 
your  Lodgings  in  ye  beginning  of  yf  Evening  We  Conceived  our  Selves 
even  past  y?  exercise  of  hopes  and  arriv'd  in  our  Imagination  to  y!  very 
Injoyment  of  a  comfortable  and  good  Agreement  about  y!  Partition 
Line  between  your  Province  and  our  Colony  Some  more  minute  Circum- 
stances only  remaining  yet  to  be  accomodated,  which  we  trusted  could 
never  frustrate  our  proceeding  to  Use  both  Art  and  Information  to  find 
out  the  Lines  agreed  upon  and  by  y!  best  of  Monuments  to  Ascertain 
the  same.  But  when  We  waited  upon  you  att  your  Chamber  early  in 
yf  last  Evening,  We  must  now  say,  to  our  very  great  Surprize  We  found 
our  selves  mistaken  and  disposess'd  of  that  Satisfaction  which  with  so 
much  Contentment  we  had  an  afternoons  Injoyment. 

And  now  Gentlemen  We  must  Upon  your  last  night's  Questions  tell 
you  plainly,  (as  heretofore  We  have  done)  with  some  addition  if  We 
have  left  any  Room  for  it)  That  by  yf  Agreement  the  Second  Line  of 
Partition  mentioned  in  y!  Agreement  cannot  be  in  Extent,  longer  than 
from  yf  Northerly  Ends  of  the  two  eight  miles  Line  which  We  Conjec- 
ture to  be  about  ten  miles  and  an  half. 

That  y!  Surveyors  attended  with  a  Comissioner  had  no  authority 
given  them  to  alter  the  Agreement  or  make  a  new  One,  but  only  to  as- 
certain y!  Lines  according  to  that  Agreem' 

That  yf  Surveyors  did  by  yf  Report  no  wayes  Ascertain  that  Line  by 


Boundaries  of  the  State  of  New  York.  318 

showing  That  they  in  y!  Execution  of  J\  Office  did  agree  upon  and  fix 
any  thing  as  Monuments  thereon. 

That  y?  Confirmation  by  K.  William  in  Council  did  Ratify  and  Con- 
firm the  Agreement  as  well  as  y!  Survey,  of  which  two  y!  Agreement 
was  the  principal,  and  could  not  be  oversett,  alter'd  or  chang'd  by 
y!  lesser,  and  must  give  way  to  the  formar  wherein  they  differ,  more 
especially  wherein  y?  Report  is  so  imperfect  as  aforesl. 

That  y!  Act  of  our  Assembly  in  May  last,  Declaring  That  y!  Agreem? 
in  84  did  fix  yf  20  miles  from  Hudson's  River,  att  the  end  of  the  fourth 
Line  as  described  in  the  Agreem'.  and  That  the  mensuration  of  the 
Survey ers  att  yf  Duke's  Tree  at  y!  end  of  13  miles  and  64  Rodds  on  a 
Line  drawn  E.  North  E:  from  the  three  Trees  at  the  end  of  the  first 
Line,  and  then  Enacting  That  our  Agent  should  move  to  his  Maj"!  for 
an  order,  to  runn  y!  Partition  Line  between  the  Governing!  from  the  si 
Tree  paralell  to  Hudson's  River,  is  no  new  Agreement  with  your 
Province,  nor  Decision  of  yf  Controversy,  between  Us,  nor  fixation  and 
Settlement  of  yf  s*  E.  N.  E  Line,  nor  Motion  to  have  it  separately 
Settled  from  or  without  y?  paralell  Line  from  thence  drawn  as  y!  Parti- 
tion Line,  which  is  the  very  thing  we  propos'd  to  you  yesterday  and 
expected  you,  in  your  hearts  Compl'd  with  and  entertain'd  no  suspicion 
after  your  Invitation,  of  ever  failing  of  your  full  &  frank  Declaration 
of  beyond  w°l  We  can  by  no  means  Comply  with  you,  and  unless  you 
think  you  have  some  further  Light  to  comunicate  to  Us  than  you  have 
heretofore  favour'd  Us  with,  We  cannot  at  present  Comply  with  any 
Motion  you  can  make  to  Us  of  any  plus  ultra  and  Conclude  it  not 
convenient  to  Spinn  out  this  Treaty  any  longer  by  keeping  at  a  Distance 
from  yf  very  fountain  of  our  Misunderstandings  and  so  Gentlemen  We 
wish  you  well 

New  Rochell  SAMLL  EELLS 

April  18th  ROGER  WOLCOTT 

To  ye  Gentlemen  JON™  LAW 
Comiss™  from  New  York 

—  [JV.Y.  Col.  MSS.,  Ixix,  41. 


[Endorsement.]    Last  paper  from  Connecticut  Com™. 

Gentlemen 

In  yf  Close  of  our  last  We  signify'd  to  you  That  unless  you 
should  signify  unto  Us  That  unless  you  should  think  That  you  had  any 
new  Light  to  comunicate  unto  Us,  what  We  had  rec*  from  you  had 
been  so  Considered  by  Us  already,  We  should  account  this  Treaty 
Closed,    which   We   take   leave   to   do,  tho   you   have   not   thot  con- 


314  Copies  of  Documents  Relating  to  the 

venient  to  answer  Us  in  those  Points  or  any  of  them  wf  in  We  under- 
stand y!  main  Difficulties  to  ly,  and  We  do  therefore  give  you  our 
Opinion  That  its  proper  for  you  and  Us  to  Adjourn  this  Meeting  till 
his  Excellency  your  Gov!  and  y!  hon^ll  y!  Govf  of  Conecticutt  Do 
Order  Us  to  meet  again  wl  and  wl!  we  shall  be  ready  to  give  you  a 
loving  and  friendly  meeting. 

This  is  ye  needfull  from  Gentlemen 

Your  obliged  Friends  and  thrice  humble  Servants 
April  18*  1724  SAMLL  EELLS 

Saturday  3  of  y8  Clock  ROGER  WOLCOTT 

P.  M.  JON™  LAW. 

To  ye  Gentlemen  Comiss™ 
for  y!  Province  of  N.  York 
—  [iV.  Y.  Col  MSS.,  lxix.  42. 


A  List  of  papers  relating  to  the  running  of  the  Division 
Line    between   this   Province    and    the    Colony   of 
Connecticut. 
No. 

1.  Copy  of  King  Charles  ye  2d.8  Letters  Patents  to  the  Duke  of  York  for 

New  England  and  other  places  in  America. 

2.  Minutes  of  Council  1701.  with  a  Copy  of  King  William  the  3d.'  Appr©- 
bation  of  ye  proceedings  of  ye  Commissioners  and  Surveyor 
Appointed  for  Running  the  Line  between  New  York  and  Connecti- 
cut Anno.   1683. 

3.  Minutes  of  the  Governour  and  Council  of  New  York  in  1683.  con- 

cerning ye  runing  ye  said  Line. 

4.  Copy  of  an  Act  of  Assembly  passed  1719.  relating  to  the  Runing 

the  said  Line. 

5.  An    Act  of  Assembly  of  Connecticut   for   Runing  the  said  Line 

pased  May  1723. 

6.  The  Report  of  a  Select  Committee  Appointed  to  make  their  Observa- 

tions upon  the  said  Act. 

7.  The  Resolve  of  the  Assembly  of  Connecticut  Octobr  1723.  Relating 

to  ye  Runing  said  Line. 

8.  The  Report  of  a  Committee  of  Council  upon  the  said  Resolve. 

9.  An  Act  of  y*  Colony  of  Connecticut  passed  at  Hartford  y*  14*  of 
May  1719.  concerning  ye  Runing  of  the  aforesaid  Line. 

10.  Copy  of  a  Letter  from  the  New  York  Commissioners  to  the  Com- 
missioners of  Connecticut,  31'.'  Octob*.r  1718. 

11.  An  Answer  from  the  Commissioners  of  Connecticut  to  the  aforesaid 

Letter. 


Boundaries  of  the  State  of  New  York.  315 

No. 

12.  Copy  of  y*  powers  to  the  Connecticut  Commissioners  Octob*  1718. 

13.  Copy   of   Governour  Hunters   Letter  to   ye   Govf    of   Connecticut 
concerning  Complaints  made  to  him  by  the  Inhabitants  of  Rye. 

14.  The  Memorial  of  Coll  Heathcote  &  al  concerning  the  Limits  of 
New  York  and  Connecticut. 

15.  The  Report  of  ye   Commissioners  Appointed   for  runing   ye  Line 
between  New  York  and  Connecticut  Octf  1718. 

16.  The  petition  of  ye  Inhabitants  of  ye  Town  of  Rye  Complaining  of 
Hardships  from  the  people  of  Connecticut. 

17.  The  petition  of  the  said  Inhabitants  to  the  like  purpose  Aprill  1718. 

18.  Another  petition  of  the  said  Inhabitants. 

19.  A  proclamation  of  Grace  to  y8  Inhabitants  of  Rye  and   Bedford. 

1697. 

20.  The  Deposition  of  Thomas  Daniel  relating  to  the   hardships   the 
people  of  Rye  Suffer  from  the  Inhabitants  of  Connecticut. 

21.  GovTBurnets  Letter  to  ye  Govf  of  Connecticut  March  ye  25t?  1723. 

22.  Gov?  Saltonsals  Letter  to  Gov1  Burnet  Janry  20t?  1723/4. 

23.  Copy  of  ye  Commission  to  the  Comm™  and  Surveyor  of   Connecti- 

cut Appointed  for  Runing  ye  Division  Line  aforesaid  dated  ye  101!1 
of  December  1723. 

Secretary's  Office 

New  York  Febr'y  1?  1723/4 

Ex  g    J.  ROBIN  D.  Secry 
[Appended.] 

The   Commission    and    Instructions   to   the   Comm™   and    Surveyor 
appointed   to    run   the   Line    between   "New   York    and    Connecticut 
Delivered  to  the  said  Mr  Harison  being  the  Person  first  named  therein 
The  following  Papers  delivered  to  Doctor  Colden  April  19'?  1725. 
His  Excellency's  Commission  dat  3d.  Inst. 
Instructions  to  the  Comm™ 
Copy  of  the  Act  past  1719 

Minutes  of  Council  of  Connecticut  of  January  1723/4. 
Minutes  of  N.  York  of  April  y!  3"? 
Additional  Instructions  of  the  2d  of  Apr1  1724 

An  Act  of  the  Colony  of  Connecticut  Octob!  8'?  1724.  Nine  Papers 
of  proposals  of  New  York  Comm™  and  Connecticut  Comm™  upon  last 
Meeting 

—[JV.  Y  Col.  MSS.,  lxix,  43,  44. 


316  Copies  of  Documents  Relating  to  the 

[Rbpobt  op  N.  Y.  Commissioners.] 

To  His  Excellency  William  Burnet  Esq  Captain  General  &  Gover- 
nour  in  Chief  of  the  Provinces  of  New  York  New  Jerseys  and  Territory s 
thereon  depending  in  America  &  Vice  Admiral  of  the  same  &c 

May  it  please  your  Excellency 

It  being  our  Duty  to  lay  before  your  Excellency  a  Distinct  account 
of  our  Proceedings  we  now  do  it  in  such  a  manner  that  the  Truth  of 
our  Narrative  may  be  fully  Justified  from  the  Papers  that  passed  between 
us  &  the  Commissioners  of  Connecticut  at  New  Rochel. 

We  had  no  dispute  as  to  the  Bounds  from  Lyon's  Point  to  the  great 
stone  at  the  wadeiug  place  &  very  litle  in  the  Partition  line  running  six 
miles  &  a  half  North  north  west  from  that  stone  Both  sides  haVeing 
agreed  That  we  shall  go  on  to  find  out  &  prove  the  remaining  monu- 
ment mention'd  in  the  Report  of  the  Survey  viz  the  three  white  oak 
trees  marked  C  R  by  running  the  same  course  &  distance  which  the 
Surveyors  did  from  the  great  Stone  at  the  wadeing  place  &  then  if  the 
three  white  oak  Trees  which  shall  be  shown  us  as  the  same  with  those 
marked  by  the  Surveyors  shall  be  found  to  Stand  nearly  in  the  same 
place  with  the  extremity  of  that  line  to  be  run  from  the  great  Stone  we 
will  confirm  &  reestablish  them  as  a  Monument  of  the  Boundary  betwixt 
this  Province  &  the  Colony  of  Connecticut  But  if  the  three  white  oak 
trees  are  not  now  to  be  found  or  the  Trees  which  may  be  supposed  to 
be  the  same  shall  be  at  a  greater  distance  from  the  Extremity  of  the 
sd  line  than  what  we  can  think  consistent  with  the  Truth  of  that  Survey 
we  will  erect  a  new  Monument  at  the  end  of  the  sd  line  as  the  Boundary 
aforesaid. 

We  differ'd  in  Opinion  from  "the  Commissioners  of  Connecticut  as  to 
the  2d  line,  or  the  line  running  east  north  east  thirteen  miles  &  sixty  four 
rod  in  the  Report  of  the  Survey.  In  this  Dispute  we  adher'd  closely  to 
the  Agreement  &  Survey  as  reported  by  the  Commissioners  of  Both  Colo- 
nys  &  confirmed  by  his  late  Majesty  K.  William.  They  in  their  first 
proposal  were  for  our  fixing  the  Tree  which  they  call  the  Dukes  Tree  as 
the  end  of  the  line  running  East  north  east  thirteen  miles  &  sixty  four 
rod  without  further  Examination  because  they  sd  their  still  remain'd  a 
range  of  Mark  Trees  the  whole  course  of  that  line  &  they  could  prove 
by  the  Testimony  of  one  liveing  Evidence  that  the  Tree  which  they  call 
the  Dukes  Tree  was  marked  by  the  Com"  &  Surv"  as  a  Monument  of 
its  Termination.  Or  else  that  we  should  take  a  new  Methode  which 
they  propos'd  entirely  different  from  that  which  the  Surveyors  took  in 
1684  &  establish  that  line  by  a  New  Survey  without  any  regard  to  what 
was  formerly  done. 

In  our  Answers  to  these  we  thought  one  Evidence  could  not  at  this 


Boundaries  of  the  State  of  Nqw  Fork.  317 

Distance  of  time  &  of  a  single  Tree  in  the  midst  of  the  woods  be  suffi- 
cient proof  that  it  was  marked  as  a  Monument  of  that  line  &  therefor 
propos'd  the  running  of  the  line  East  north  east  thirteen  mile  &  sixty 
four  rod  without  any  regard  to  Monuments  or  mentioning  of  them  as  we 
had  done  in  the  former  North  north  west  line.  But  they  refuseing  this 
tho  in  itself  reasonable  &  just  we  at  last  condescended  to  admit  of 
or  reject  that  Dukes  Tree  in  the  same  manner  both  sides  had  agreed 
concerning  the  three  white  oak  Trees  at  the  end  of  the  North  north 
west  line  which  the  Com"  &  Surv"  did  report  they  had  marked  & 
established  as  a  Monument  of  the  end  of  the  sd  North  north  west  line. 
We  told  them  that  we  yielded  to  this  only  in  regard  to  the  Government 
of  Connecticut  who  had  in  so  solemn  a  manner  affirmed  that  the  Dukes 
Tree  (as  they  call  it)  was  marked  by  the  Com"  &  Surv"  as  a  Monument 
of  the  end  of  the  Partition  line  running  east  north  east  thirteen  miles 
and  sixty  four  rod.  To  this  we  think  they  agreed  &  we  believe  your 
Excellency  will  be  of  the  same  opinion  when  you  read  their  seventh 
paper.  But  as  we  well  enough  perceiv'd  the  Ambiguous  manner  of  their 
Signifying  that  agreement  we  desir'd  them  to  meet  us  that  evening  in  a 
Conference.  Which  they  did. 

Then  we  told  them  that  they  had  signified  their  agreeing  to  what  we 
had  propos'd  in  Different  words  from  what  the  proposals  were  made  in, 
&  as  that  might  Occasion  some  Dispute  after  both  sides  might  think  all 
Disputes  over  we  propos'd  jointly  to  agree  on  one  form  of  words  as 
a  minute  of  what  we  had  allready  agreed  to.  After  they  had  made 
some  Scruples  to  the  doeing  this  we  read  to  them  the  form  of  a  minute 
which  we  had  drawn  up  &  after  their  makeing  some  objection  to  one 
part  of  it  we  told  them  that  we  would  alter  it  as  they  desir'd.  But 
they  replying  that  they  had  only  agreed  to  this  on  Condition  that  the 
Province  of  New  York  should  not  extend  further  to  the  Eastward  than 
that  Dukes  Tree  &  that  the  Partition  line  between  this  Province  &  that 
Colony  which  is  to  run  parallel  to  Hudson's  River  should  begin  at  that 
tree.  We  answer'd  that  we  had  formerly  declar'd  we  would  never  pro- 
pose any  thing  to  them  upon  Condition  or  in  hopes  to  extort  any  thing 
from  them  but  that  whatever  we  should  agree  to  we  would  do  it 
because  we  thought  it  was  right  &  for  that  reason  only  &  that  the 
Partition  line  beyond  the  end  of  this  line  had  no  ways  as  yet  come 
under  our  Consideration.  We  told  them  likewise  that  as  there  were 
some  words  in  what  we  had  agre'd  to  of  too  loose  a  Signification  we 
would  determine  them  with  their  consent  as  soon  as  we  had  agreed  to 
the  general  Heads  Then  we  verbally  propos'd  to  them  the  following 
Question 

Whether  you  agree  that  a  line  running  east  north  east  thirteen  miles 
&  sixty  four  rod  from  the  end  of  the  North  northwest  line  from  the 


318  Copies  of  Documents  Relating  to  the 

great  stone  shall  be  so  far  the  Partition  line  between  this  Province  & 
Connecticut  if  a  Tree  commonly  called  in  Connecticut  the  Dukes  Tree 
be  not  found  so  near  the  end  of  the  sa  east  north  east  line  that  we  shall 
have  reason  to  believe  that  it  was  not  marked  by  the  Com"  &  Surv™  in 
the  year  1G84  but  if  the  sd  Tree  stand  so  near  the  end  of  the  sd  line  that 
we  shall  have  reason  to  believe  that  it  was  marked  by  the  B*  Surv"  & 
Com"  that  then  a  line  running  from  the  end  of  the  sd  north  north 
west  line  to  the  sd  Dukes  Tree  shall  be  so  far  the  Partition  line 
between  this  Province  and  Connecticut 

They  ref  useing  to  answer  this  Question  we  sent  it  to  them  in  writing  the 
same  evening  &  the  next  day  receiv'd  for  answer  That  by  the  Agreement 
the  second  line  in  the  Partition  mentioned  in  the  Agreement  cannot  be 
in  extent  longer  than  from  the  Northerly  ends  of  the  two  eight  mile 
line  which  we  conjecture  to  be  about  ten  mile  &  an  half.  That  the 
Surveyors  attended  with  a  Commissioner  had  no  authority  giv'n  them 
to  alter  the  Agreement  or  make  a  new  one  but  only  to  ascertain  the  lines 
according  to  that  agreement.  That  the  Surveyors  did  by  their  report 
no  ways  ascertain  that  line  by  shewing  that  they  in  the  Execution  of 
their  office  did  agree  upon  &  fix  anything  as  monuments  thereon.  That 
the  Confirmation  by  K  William  in  Council  did  ratifie  and  confirm  the 
agreement  as  well  as  the  Survey  of  which  two  the  agreement  was  the 
principal  &  could  not  be  overset  altered  or  changed  by  the  lesser  & 
must  give  way  to  the  former  wherein  they  differ  more  especially  wherein 
the  Report  is  so  imperfect  as  aforesaid 

We  did  not  enter  into  argument  with  the  Com"  from  Connecticut  in 
writeing  till  we  should  distinctly  setle  the  bounds  wherein  we  did  agree 
&  those  wherein  we  differ'd  &  your  Exeell7  may  see  by  their  two  last 
papers  that  before  we  could  do  this  they  abruptly  broke  off  &  left  us 
&  as  much  as  in  their  power  undid  whatever  was  formerly  agreed  at  this 
meeting  or  by  the  Com"  in  1683  &  84. 

The  Rules  we  laid  down  to  our  selves  in  the  management  of  this 
Negociation  were,  In  the  first  place  steadily  to  adhere  to  the  Agreement 
&  Survey  both  which  have  been  equally  confirmed  by  the  Legislature 
in  both  Governments  &  have  likewise  receiv'd  the  Royal  Approbation 
which  give  them  the  greatest  Sanction  any  Law  Act  or  Deed  can  have. 

As  the  Survey  was  Posterior  to  the  Agreement  &  so  far  as  it  went  is 
more  cleer  &  Distinct  we  admitted  it  as  an  Explication  of  the  Agree- 
ment &  we  believ'd  it  was  Established  as  Such  by  the  Sanction  it  had 
receiv'd  in  both  Governments  &  by  K  William's  Approbation 

And  therefore  we  did  not  dispute  whether  the  end  of  the  line  running 
North  north  west  six  miles  and  an  half  from  the  great  Stone  be 
truely  eight  miles  from  the  Sound  nor  whether  the  end  of  the  line 
running  east  north  east  thirteen  miles  &  sixty  four  rod  be  truely  twenty 


Boundaries  of  the  State  of  New  York.  319 

• 
miles  from  Hudson's  River  Because  that  Survey  had  determin'd  that 

they  were  so 

It  may  seem  not  easy  to  tell  by  what  Rules  the  Comissioners  of 
Connecticut  acted,  they  were  so  Contradictory  to  themselves  &  to 
the  Publick  acts  of  their  own  Government.  They  seem'd  Steady  in 
Nothing  but  in  the  Ambiguous  manner  of  their  Giveing  Assent  to 
any  of  our  Proposals  which  had  taken  away  all  colour  of  Reason  for 
dissenting  or  by  giveing  their  assent  upon  Conditions  slily  insinuated  & 
entirely  foreign  to  the  matter  in  Question  &  highly  injurious  to  this 
Province 

At  first  they  were  for  giveing  the  greatest  Authority  to  the  Survey 
that  could  be  in  so  much  that  they  propos'd  our  allowing  of  a  Tree 
called  by  them  the  Dukes  Tree  as  the  end  of  that  Survey  withoxat 
further  Examination  tho'  there  was  no  mention  made  of  that  Tree  in 
the  Report  of  the  Surveyors.  When  they  found  that  by  their  haveing 
agreed  to  the  Examination  &  proveing  of  the  three  white  oak  trees  by 
the  same  Rules  the.  Surveyors  had  marked  them,  that  they  could  not 
with  any  appearance  of  Reason  refuse  allowing  the  same  proof  as  to  the 
others  which  had  no  authority  but  what  was  giv'n  them  by  Connecticut, 
they  assented  to  it:  but  with  a  Condition  (as  they  afterwards  explain'd 
themselves  )  that  the  Boundary  of  this  Province  should  not  upon  any 
consideration  extend  beyond  the  end  of  the  line  running  east  north  east 
thirteen  miles  &  sixty  four  rod  which  they  had  agreed  to  be  so  far  the 
Partition  line.  And  when  they  could  no  longer  defend  their  insisting 
on  this  condition  then  they  openly  denied,  tho'  in  their  usual  crafty 
manner,  all  that  they  had  formerly  asserted  viz  That  the  Surveyors 
had  erected  any  monuments  in  the  line  running  east  northeast  thirteen 
miles  &  sixty  four  rod  that  is  they  denied  that  the  Surveyors  had 
marked  a  line  of  Trees  a  long  that  line  or  that  they  had  marked  any 
Tree  as  a  monument  of  the  end  of  it  ev'n  that  tree  which  the  Govern- 
ment of  Connecticut  in  a  publick  Act  passed  the  9th  of  May  last  had  in 
such  Pompous  words  established  as  the  most  remarkable  monument  of 
the  whole  Survey.  The  words  of  that  Act  are.  Which  Tree  has  ever 
since  born  the  Name  of  the  Dukes  Tree  &  is  Famously  known  by  the 
S*  name  &  is  by  the  sd  Survey  considered  Stated  &  esteemed  to  be  twenty 
miles  from  Hudson's  River  All  which  Marks  and  Monuments  have  been 
ever  since  the  s*  Survey  fixing  of  them  Fam,ously  known  as  they  are  at 
this  day. 

Who  ever  looks  over  that  Act  will  see  that  the  Government  of  Con- 
necticut had  it  in  View  to  make  the  world  believe  that  the  Government 
of  New  York  had  a  design  to  reject  the  former  Survey  as  of  no  force 
while  they  endeavour'd  to  enforce  every  part  of  it  by  all  means  possi- 
ble.    And  now  when  the  Com"  from  New  York  declar'd  to  the  Com™ 


320  Copies  of  Documents  Relating  to  the 

from  Connecticut  that  they  were  resolv'd  to  stand  by  &  to  be  entirely 
bound  by  that  Survey  The  Cora"  of  Connecticut  as  positively  rejected  it 
as  their  Legislature  had  coufirm'd  it. 

The  rejecting  of  this  Sm-vey  will  be  still  more  unaccountable,by  look- 
ing into  the  Act  of  Assembly  of  that  Colony  which  empowered  the  sd 
Com"  to  meet  &  agree  with  us.  For  in  it  the  Legislature  not  only 
declares  their  being  bound  by  that  Survey  but  say  further  that  in  Con- 
science they  ought  to  be  bound  by  it  Their  words  are  And  it  is 
hereby  further  enacted  that  whatsoever  line  shall  be  ascertained  db  estab- 
lished with  Monuments  erected  therein  by  the  sd  Cornel  according  to  the 
aforsd  agreement  in  1683  <&  the  Survey  that  followed  thereon  as  in  Con- 
science it  ought  to  be  shall  for  ever  after  be  &  remain  the  line  of  Parti- 
tion between  this  Colony  &  the  Province  of  New  York.  What  Strange 
Procedure  May  it  please  your  Excelly  was  this  in  those  Gent.n  they  had 
no  power  to  conclude  anything  with  us  but  what  should  be  exactly  con- 
formable to  that  Survey  &  yet  they  refus'd  our  Proposals  because  they 
said  they  were  not  bound  by  the  Survey 

It  is 'true  indeed  that  they  advanced  some  show  of  Reason  for  their 
setting  aside  of  the  Survey  (tho'  as  we  have  said  they  were  entirely 
restrain'd  by  their  Commission  from  doing  so)  And  this  was  by  asserting 
that  the  Survey  ought  to  have  been  perform'd  in  a  different  method  by 
which  the  Partition  line  running  east  north  east  would  have  been  only 
ten  miles  &  an  half  in  lenth  &  they  said  that  this  method  of  theirs 
was  more  conformable  to  the  Agreement  than  the  method  the  Sur"  & 
Com™  in  1684  used.  Let  us  suppose  with  them  that  the  Agreement  is 
of  more  force  than  the  Survey  &  that  by  any  other  Method  that 
line  could  be  made  only  ten  miles  &  an  half  in  lenth  Yet  we  positively 
assert  that  the  end  of  that  line  of  ten  miles  &  an  half  could  not  be  the 
place  from  which  the  line  Parallel  to  Hudson's  River  is  to  begin  accord- 
ing to  the  agreement  For  first  the  Agreement  expressly  says  that  this 
line  is  to  be  twelve  miles  in  lenth.  In  the  next  place  the  agreement 
positively  affirms  that  the  line  pai^allel  to  Hudson's  River  shall  in  every 
place  be  twenty  miles  distant  from  Hudson's  River  &  therefor  it  cannot 
begin  at  a  place  which  by  their  own  Confession  as  well  as  by  the  Survey 
is  little  more  than  seventeen  miles  from  Hudson's  River  In  the  last 
place  if  we  should  grant  them  that  by  any  words  in  the  Agreement  the 
lenth  of  that  line  might  be  reduced  to  ten  miles  &  an  half  &  that  the 
Parallel  line  to  Hudson's  River  is  to  begin  at  the  end  of  that  line  Yet 
the  Partition  line  between  the  Colonys  cannot  begin  there:  for  the 
Agreement  has  by  Express  words  guarded  against  any  such  Interpreta- 
tion by  the  following  clause  Only  it  is  provided  that  in  case  the  line 
from  Byram  brook  mouth  North  North  west  eight  miles  &  the  line  that 
is  to  run  twelve  miles  to  the  end  of  the  third  foremention'd  line  do  dimin- 


Boundaries  of  the  State  of  New  York.  321 

ish  or  take  away  land  within  twenty  miles  of  Hudson's  River  that  then  so 
much  as  is  in  land  diminished  of  twenty  miles  of  Hudson's  River  thereby 
shall  be  added  out  of  Connecticut  bounds  And  this  the  Com"  &  Surv" 
in  1684  understood  perfectly  well  for  they  say  We  did  from  said  trees 
at  eight  miles  distance  run  a  Parallel  to  the  sound  viz  East  north  east 
twelve  miles  &  still  continued  sd  twelve  mile  line  east  north  east  one  mile 
&  sixty  four  rod  which  then  gave  us  twenty  miles  from  Hudson' s  River. 

We  think  it  will  be  now  plain  to  your  Excellency  that  the  Com"  of 
Connecticut  had  really  as  little  regard  to  the  Agreement  as  to  the  Sur- 
vey and  that  they  did  not  meet  us  with  real  Intention  to  settle  the 
Partition  line  between  the  two  Colonys  according  to  either  the  Agree- 
ment or  Survey:  but  that  they  have  acted  in  this  affair  without  sincerity 
&  and  with  an  Intention  to  defeat  the  Just  &  amicable  endeavours  of 
this  Government  in  setling  these  lines  by  consent  or  with  design  to  setle 
them  in  such  manner  as  should  be  injurious  to  the  Crown  or  the  People 
of  this  Province  Proprietors  of  the  Soil 

As  we  think  we  have  had  distinct  &  cleer  apprehensions  of  the  true 
intent  of  the  agreement  between  the  two  Colonys  &  of  the  Report  of 
the  Com™  &  Surv"  that  succeeded  that  agreement  &  as  we  are  sure 
that  we  acted  sincei-ely  according  to  the  Judgement  we  made  of  their 
true  meaning  we  hope  to  receive  your  Excellencys  Approbation.  We 
likewise  believe  that  if  your  Excellency  shall  think  it  proper  to  lay 
before  the  Governour  of  Connecticut  a  State  of  the  Points  contraverted 
by  the  Commissioners  of  that  Colony  the  Government  of  Connecticut 
will  not  only  disown  their  Com"  in  what  they  have  done  but  likewise 
readily  agree  to  the  Proposals  we  made  Which  is  humbly  Submitted  to 

your  Excellency  by 

Your  Excellency's 
New  York  Most  Duiylull  &  obedient  Servants 

April  20th  FRA.  HARISON 

1724  CADWALLADER  COLDEN 

D  PROVOOST 

— [N.  Y.   Col.  MSS„  lxix,  33  ;   Council  Minutes  (MS.),  xiv,  278  ;  Sen. 
2>oc,  1857,  No.  165,  p.  183. 

[In  Council.] 

May  1,  1724. 
*  *  *  * 

His  Excellency  laid  before  this  Board  his  Majestys  Royall  Approba- 
tion in  Council  of  An  Act  for  runing  the  Lines  of  Partition  and  Division 
betwixt  this  Province  and  the  Colony  of  Connecticut  which  follows  in 
Haec  Verba 

His  Excellency  laid  before  the  Board  the  Report  of  Francis  Harrison 
21 


822  .  Copies  of  Documents  Relating  to  the 

Cadwallader  Colden,  and  David  Provoost  Esq"  three  of  the  Conim™ 
appointed  to  meet  the  Comm"  from  Connecticut  concerning  the  Runing 
the  Partition  Line  between  this  Province  and  that  Colony  which  Report 
was  Read  as  likewise  the  several  Letters  which  past  between  the  Comm™ 
during  their  meeting  and  upon  the  Consideration  of  the  whole  Trans- 
action this  Board  are  unanimously  of  Opinion  that  the  Comm"  for  this 
Province  have  faithfully  and  Diligently  discharged  the  Trust  Committed 
to  them  for  which  they  desire  the  thanks  of  this  Board. 

Ordered  that  the  aforesaid  Report  be  Entred  upon  the  Minutes  of 
Council  of  this  Day  and  -that  the  Letters  be  filed  in  the  Secretarys 
Office  and  that  a  Copy  of  the  Several  Letters  as  likewise  of  the  said 
Report  be  prepared  by  the  Clerk  of  the  Council  in  order  to  be  by  him 
laid  before  the  Assembly  at  their  next  meeting.  — 
— [Ni  Y  Council  Minutes  (MS.),  xiv,  275,  277. 


[Governor  Burnet  to  the  General  Assembly.] 

May  15,  1724. 

*  *  *  * 

Gentlemen, 

*  *  *  * 

I  have  the  Satisfaction  to  acquaint  you,  That  his  Majesty  has  given 
his  royal  Approbation,  by  an  Order  in  Council,  to 

An  Act,  for  running  and  ascertaining  the  Lines  of  Partition  and 
D-ivision  between  this  Colony,  and  the  Colony  of  Connecticut. 

I  must  observe  to  you,  That  this  has  not  been  obtained  without  much 
Opposition  from  the  Agent  for  the  Colony  of  Connecticut;  and  after 
two  Hearings,  one  before  the  Lords  of  Trade,  and  the  other  before  a 
Committee  of  the  Privy  Council;  who  reported  to  his  Majesty  in 
Favour  of  the  Act. 

The  Usefulness  of  having  Agents  constant  at  Home,  appear  very 
plainly  to  you  upon  this  Occasion,  and  I  wish  I  was  not  obliged  to 
remind  you  to  make  good  your  Engagements  for  the  Time  past  on  that 
Account,  *  *  * 

When  I  send  you  a  Copy  of  his  Majesty's  Order  in  Council,  I  will  at 
the  same  Time,  send  you  Copies  of  all  the  Papers  that  passed  at  a 
late  Meeting  between  Commissioners  for  this  Province,  and  Commis- 
sioners for  Connecticut  /  from  whence  the  latter  thought  fit  to  withdraw 
unexpectedly;  that  you  may  consider  what  further  Measures  to  take,  to 
bring  this  Affair  to  a  Conclusion. 

*  *  *  * 

WILLIAM  BURNET. 
New  York,  May  15,  1724. 

— [N.  Y.  Gen.  Assent.  Journal,  i,  500. 


Boundaries  of  the  State  of  New  York.  323 

[In  General  Assembly.] 

June  16,  1724. 

The  House  (according  to  Order)  resolved  into  a  Committee  of  the 
whole  House,  to  consider  further  of  his  Excellency's  Speech ;  and  Col. 
Provoost  reported  from  the  Committee,  That  they  had  gone  through 
that  Part  of  the  said  Speech  relating  to  running  and  ascertaining  the 
Lines  of  Partition  and  Division  between  this  Colony  and  the  Colony  of 
Connecticut,  and  what  has  been  transacted  by  the  respective  Commis- 
sioners which  lately  met  at  New-Rochelle,  for  that  Purpose;  which  they 
had  directed  him  to  report  to  the  House;  which  he  delivered  in  at  the 
Table,  and  the  same  was  read,  and  agreed  unto  by  the  House,  and  is  as 
folio weth,  viz. 

That  from  the  several  Memorials  and  written  Messages  which  passed 
and  repassed  at  the  said  Congress,  it  is  evident,  that  the  Commissioners 
of  Connecticut,  had  really  as  little  Regard  to  the  original  Agreement  in 
1683,  as  they  had  to  the  Survey  which  succeeded  the  same  in  1684, 
though  both  of  them  were  confirmed  by  his  late  Majesty  King  William, 
Anno  1700;  and  that  they  did  not  meet  the  Commissioners  of  this 
Colony,  with  any  real  Intention  to  settle  and  ascertain  the  Partition 
Lines  betwixt  the  two  Colonies,  according  to  the  said  Agreement  and 
Survey;  but  that  they  acted  in  this  Affair,  either  with  an  Intention  to 
defeat  the  just  and  amicable  Endeavours  of  this  Government  to  settle 
those  Lines  by  Consent,  or  with  a  View  to  fix  them  in  such  Manner  as 
would  be  different  from  the  said  Agreement  and  Survey,  and  injurious 
to  the  Crown,  or  to  the  People  of  this  Province,  Proprietors  of  the 
Soil ;  and  this  seems  to  be  corroborated  by  a  Letter  which  the  Governor 
of  Connecticut  wrote  to  his  Excellency,  dated  the  7th  of  May  last.1 

It  appears  on  the  other  Hand  from  the  said  Memorialists,  that  the 
Commissioners  of  this  Colony,  did  not,  during  all  that  Congress,  offer 
any  one  Thing  but  what  was  exactly  agreeable  to  the  Agreement  and 
Survey  above-mentioned. 

Ordered,  That  Mr.  Speaker  give  the  Thanks  of  this  House  to  the 
Gentlemen  who  acted  in  Behalf  of  this  Colony,  for  their  candid  and 
prudent  Proceedings  at  the  said  Congress. 

Ordered,  That  Mr.  Speaker  do  address  his  Excellency,  that  he  will  be 
pleased  to  desire  the  Governor  of  Connecticut,  that  the  Partition  Lines 
betwixt  the  two  Colonies  may  be  fixed  and  ascertained  amicably,  and 
in  Conjunction,  according  to  the  Agreement  and  Survey  aforesaid,  and 
as  of  Right  they  ought  to  be.  And  this  House  is  induced  to  believe, 
that  Colony  will  the  readier  join  in  such  just  and  equitable  Measures, 
because  this  Government  is  vested  with  full  Power  to  fix  and  ascertain 

1  This  letter  seems  not  to  have  been  preserved. — [P. 


3.24  Copies  of  Documents  Relating  to  the 

those  Lines,  ex  parte,  by  an  Act  of  our  General  Assembly,  passed  in 
the  Year  1719,  entitled,  An  Act,  for  running  and  ascertaining  the  Lines 
of  Partition  and  Division,  betwixt  this  Colony  and  the  Colony  of  Con- 
necticut; which  was  looked  upon  by  his  Majesty  so  just  and  reasonable 
in  itself,  that  he  has  been  graciously  pleased,  with  the  Advice  of  his 
privy  Council,  to  ratify  and  confirm  the  same  the  23d  Day  of  January 
last. 

*  *  * 

— [N~.  Y.  Gen.  Assem.  Journal,  i,  505. 


[Lords  of  Trade  to  Governor  Burnet.] 

To  Wm  Burnet  Esq: 
Sir, 

Since  our  letter  to  you  of  the  9  of  July  1723,  We  have  received  yours 
of  the  29  May,  25  June,  16  Sept'  and  16  Decr  last,  and  thank  you  for 
the  several  accounts  you  have  therein  sent  us 

*  *  *  * 

We  have  considered  the  Act  passed  at  New  York  in  1719,  for  runing 
a  division  line  between  that  Province  &  Connecticut  and  have  reported 
the  same  as  fit  for  his  Majesty's  Royal  approbation  and  his  Majesty  has 
been  graciously  pleased  to  confirm  the  same,  We  hope  this  Act  will 
have  its  desired  effect. 

*  *  *  * 
Whitehall 

June  17.  1724. 

— [iK  Y.  Col.  Doc,  v,  706. 


[In  N.  Y.  Council.] 

June  24,  1724. 

tfi  «(C  *|C  JJC 

Resolved  that  in  pursuance  of  the  Act  of  Assembly  for  runing  and 
Ascertaining  the  Lines  of  Partition  and  Division  between  this  Colony 
and  the  Colony  of  Connecticut,  the  Commissioners  lately  appointed  to 
treat  at  Rye  be  now  appointed  Commissioners  in  Conjunction  with  the 
/Surveyor  General  of  this  Province  to  begin  to  Run  the  Lines  of  Parti- 
tion and  Divisions  between  this  Province  and  the  Colony  of  Connecticut 
on  the  third  Tuesday  of  April  Seventeen  Hundred  and  twenty  five  and 
that  Notice  hereof  be  given  with  all  Convenient  Dispatch  to  the  Gov- 
ernour  of  Connecticut  in  order  that  Comra"  and  Surveyors  may  be 
appointed  by  that  Government  if  they  think  fitt  to  Act  in  Conjunction 
with  those  of  this  Province  ;    Whereby  the  full  timely  notice  of  Nine 


Boundaries  of  the  State  of  New  York.  325 

Months  required  by  the  Act  for  Runing  the  said  Lines  will  be  given  to 
that  Government,  And  that  at  the  Same  time  An  Exemplication  of  the 
Said  Act  and  his  Majestys  Royall  Approbation  thereof  be  sent  to  the 
Governour  of  Connecticut 

Resolved  that  Ten  pounds  be  allowed  to  such  Credible  person  as  his 
Excellency  shall  appoint,  to  carry  the  Said  Notice. 

*  *  *  * 

— [Nl  Y.  Council  Minutes  (MS.),  xiv,313. 


July  16,  1724. 
*  *  *  * 

Mr  Haskolls  affidavit  of  his  carrying  his  Excellencys  Pacquet  with 
notice  to  the  Governour  of  Connecticut  of  the  time  appointed  by  this 
Government  for  runing  the  Lines  of  Partition  and  Division  between  this 
Colony  and  the  Colony  of  Connecticut,  pursuant  to  an  Act  of  Assembly 
for  that  purpose.     Was  read. 

Then  his  Excellency  Signed  a  Warrant  for  paying  the  Said  Haskoll 
Ten  pounds,  for  his  Said  Service. 

*  *  *  * 

— [iVT  Y.  Council  Minutes  (MS.),  xiv,  325. 


[Colony  of  Connecticut.] 

Att  a  Generall  Assembly  holden  at  New  Haven  In  His  Majesties 
Colony  of  Connecticutt  in  New  England  on  the  8th  day  of  October  In  the 
Eleventh  year  of  the  Reign  of  Our  Soveraign  Lord  George  of  Great 
Britain  &c  King  Annoq:  Dom  —  1724. 

The  HonbIa  Joseph  Talcott  Esq.'  Governour  of  this  Colony  Represent- 
ing to  this  Assembly  that  His  Excellency  William  Burnett  Esqr  Gover- 
nour of  the  Province  of  New  York  did  in  July  Last  past  Transmits  to 
the  Honb!e  Gurdon  Saltonstall  Esqr  then  Governour  of  this  Colony  An 
Act  of  Councill  held  at  Fort  George  in  New  York  June  24*h  1724 
Wherein  it  was  Resolved  that  in  Pursuance  of  an  Act  of  their  Assem- 
bly in  the  fifth  Year  of  King  George  for  Running  And  Ascertaining  the 
Line  of  Partition  between  that  Colony  and  this  Together  with  an 
Exemplification  of  that  Act  and  Hife  Majesties  Approbation  thereof 
Comissioners  Were  Appointed  in  Conjunction  with  their  Surveyonr 
Generall  to  begin  to  Run  the  Line  of  Partition  between  that  Province 
and  this  Colony  on  the  third  Tuesday  of  Aprill  next  and  that  Notice 
thereof  Should  be  given  to  this  Government  in  Order  to  the  Appoint- 
ment of  Comissioners  and  Surveyours  by  this  Government  to  Act  in 
Conjunction  with  them  — 


326  Copies  of  Documents  Relating  to  the 

It  is  Resolved  by  this  Assembly  that  the  Same  Comissioners  Viz 
The  Honb!e  Jonathan  Law  Peter  Burr  Samuel  Eells  Roger  Wolcott 
Esq™  or  any  three  of  them  and  John  Copp  Surveyour  Lately  appointed 
to  Treat  at  Rye  and  MT  Edmund  Lewiss  now  added  as  a  Surveyour  to 
assist  be  appointed  and  are  hereby  Appointed  and  Authorized  as  Comis- 
sioners and  Surveyours  on  behalf  of  this  Colony  at  the  Time  aforesf 
viz:  on  the  third  Tuesday  of  Aprill  next  to  Meet  with  the  Gentlemen 
Comission"  from  New  York  to  Treat  with  Settle  agree  Run  ascertain 
and  fix  the  Partition  Lines  between  the  Province  of  New  York  and 
this  Colony  of  Connecticut  from  Lyons  Point  to  the  Massachusetts 
Line  According  to  the  Agreement  made  at  New  York  on  the  23d.  day 
of  November  1683,  and  the  Survey  made  thereupon  and  after  Con- 
firmed by  an  Act  of  King  William  in  Councill  on  the  28!!  day  of  March 
1700,  and  in  the  Said  Lines  of  Partition  So  Run  and  Settled  to  Erect 
Marks  and  Monuments  in  the  performance  whereof  the  Said  Comis- 
sioners and  Surveyours  are  to  attend  the  Instructions  which  the  Gov- 
vernor  and  Councill  Shall  give  them  and  on  the  Complyance  of  the 
Comissioners  of  New  York  therewith  Accordingly  and  the  Lines  of 
Partition  Agreeable  thereunto  being  Setled  Ascertained  and  fixed  with 
Suitable  Marks  ^,nd  Monuments  therein  Shall  be  and  Remain  the  divi- 
dend Lines  between  the  Two  Colonies  forever. 

A  True  Copy  of  Record 

Examd  §> r  HEZ:  WYLLYS  Secretry 

— [N:  Y.  Col  MSS.,  lxix,  45  ;  Sen.  Doc,  1857,  No.  165,  p.  140  ;   Conn. 
Bub.  Bee,  1717-1725,  p.  496. 

[Governor  Burnet  to  Justices  of  Westchester.] 
Gentlemen.  [October  8,  1724.] 

Haveing  lately  Received  a  Letter  from  Gordon  Saltonstall  esq  Gov' 
of  Connecticut  with  a  petition  &  affid'  of  ye  Constable  &  Collector  of 
Greenwich  Complaineing  that  they  &  divers  of  y°  Inhabitants  of  Con- 
necticut have  bee[n]  arrested  and  Imprisoned  &  held  to  Bayle  in  large 
Sumes  by  process  or  Warrants  from  the  Justices  &  Court  of  ye  County 
of  West-Chester  for  Supposed  Trespasses  by  them  alleadged  to  be  Com- 
mitted in  Leaveing  of  Taxes  on  ye  Inhabitants  of  Rye  bordering  ony  Line 
betweene  ye  two  Colonies  —  which  I  have  Communicated  to  his  Majesties 
Councill  here  And  forasmuch  as  Gove  Saltonstall  assures  me  that  he 
has  got  an  Act  passed  there  for  Joyneing  with  this  Colony  in  settleing 
the  Devision  Lines  betweene  them  and  persons  are  by  them  appointed 
for  that  purpose,  and  that  untill  it  can  be  done  he  he  assures  me  he 
will  take  all  possible  Care  that  nothing  be  done  by  any  Court  or  person 
in  his  Government  to  Countenance  any  Disorders  that  may  happen  on 
ye  borders  in  their  neighborhood.  And  desireing  any  Directions  for 
ye  like  orders  to  Justices  and  Courts  iny  County  of  WestChester 

I  thereupon  l  j  and  with  the  Advice  of  his  majesties  Council  here 


Boundaries  of  the  State  of  New  York.  327 

doe  hereby  order  and  Direct  that  all  further  proceedings  against  the 
said  Constables  &  Collector  of  Greenwich  &  other  Inhabitants  there 
be  forthwith  stayed  in  yor  said  Courts  untill  my  further  Orders  therein 
[Endorsed]:  Copy  of  his  Excellencies  Letter  to  ye  Justices  of 
WestChester 
—[N~.  T.  Col.  MS&,  lxix,  46. 


[Endorsement.]      Comission"    Appointed   by   Govenr   &    Councill   of 

Connecticut. 

Att  A  Meeting  of  ye  Gov!  and  Councill  in  Hartford  March  ye 

20th  1724/5 

*  *  *  * 

Upon  Consideration  that  by  one  act  of  ye  gen"  Assembly  of  this 
Colony,  holden  at  N -Haven  October  y8  8^  1724;  it  was  resolv'd  by 
ye  Said  Assembly,  that  ye  Hon^i  Jonathan  Law,  Peter  Burr,  Sam11  Eels, 
Roger  Woolcott,  Esq!8  or  any  Three  of  them,  and  Mr  Cop  Surveyer 
Lately  appointed  to  Treat  at  Rye,  and  M!  Edmond  Lewess  Now  Added 
as  a  Surveyer  to  Assist,  be  appointed,  and  are  Hereby  Appointed  & 
Authorized  as  Com*™  and  Surveyers  on  ye  Behalf  of  this  Colony,  on  y9 
third  Tuesday  in  April  next,  to  Meet  with  ye  Com6™  from  N-York,  to  Treat 
with,  Settle,  Agree,  run,  ascertain  and  Fix  ye  Partition  Lines  between  ye 
Provinces,  and  do  all  other  Things,  as  in  Sd  Act  they  were  Appointed  to 
do  Referance  thereto  being  had:  And  This  Board  being  Inform'd  That 
by  ye  holy  Providence  of  God  one  of  Sd  Comfll  viz  Major  Peter  Burr 
Esq!  is  taken  from  us  by  Death,  this  Board  do  therefore  Appoint  Cap' 
Joseph  Wakeman  Esq!,  and  he  ye  Sd  Joseph  Wakeman  is  hereby 
Appointed  in  ye  Room,  Stead  &  Place  of  ye  Sd  Majr  Burr  deceas'd,  to  be 
one  of  Sd  Com!™,  and  in  Conjunction  With  ye  rest  of  Sd  Com.!",  to  do 
and  Perform  all  Things  committed  to  Sd  Com.!™,  to  bave  done  in  all 
Respects  as  ye  Sd  Majr  Peter  Burr  might,  or  cou'd  have  done,  had  his 
Life  been  Spar'd,  &  he  been  Personally  presant :  And  that  what  shall 
be  by  him  Said  Joseph  Wakeman  Esq!  in  Conjunction  with  ye  Sd  Com.!™. 
Done  and  Performed  according  to  ye  true  Meaning,  Intention  and  Con- 
struction of  Sd  Act  (That  is  to  Say  any  Three  of  them  if  Sd  Wakeman 
be  one  of  ye  Three)  Shall  be  held  firm,  Good,  and  Effectuall  to  all 
Intents  and  Purposes  as  in  Sd  Act  is  intended  or  included  : — And  upon 
Consideration  of  ye  Mutable  Estate  of  frail  man,  and  for  ye  more  Cer- 
tainty of  having  ye  AforeSd  Work  carried  on,  it  is  Resolved  by  ye  Said 
Gov!  and  Council,  That  if  After  ye  Sd  Com.!™,  enter  upon  the  Service,  by 
ye  Providence  of  God  or  any  extraordinary  Occasion  or  Necessity  any 
of  y*  Sd  Com^Il  Shou'd  be  taken  off,  or  Removed  from  y*  Sd  Servio*,  So 
that  there  Shou'd  not  be  a  Quorum,  that  is  to  Say  3,  with,  or  without 
Cap'  Joseph  Wakeman,  Then  then  in  any  Matter  of  Judgement,  Agree- 
ment or  Determination,  Mr  Cop,  one  of  ye  Surveyers  Appointed  in  ye 


328  Copies  of  Documents  Relating  to  the 

Sd  Act  of  Assembly,  Shall  be  one  and  he  is  hereby  ordered,  and 
Appointed  to  be  one  of  the  Coram  on  Behalf  of  this  Government,  to 
meet  ye  Cornel  that  are  or  Shall  be  Appointed  from  N-York  on  y°  Third 
Tuesday  in  April  next,  and  to  Treat  with,  Agree  about  &  Settle  the 
Division  and  Partition  Line  between  y"  Provinces  of  Connecticutt  and 
New  York,  and  that  what  shall  be  So  Agreed,  Done  and  Settled  by  Any 
Three  of  Sd  Comill,  SdD!  Cop  being  one  of  y9  Three  that  make  ye 
Quorum  Shall  be  held  good,  valid  and  Binding  to  all  Intents  and  Pur- 
poses, as  fully  and  Effectually  as  it  might  or  cou'd  have  Done  had 
there  been  any  there  of  Sd  Com.!!LWho  were  appointed  by  ye  Assembly 
of  this  Colony. — 

A  True  Copy  of  the  Act  of  Councill 

*      *      HEZ:  WYLLYS  Secret*! 
— [JV.  T.  Col.  MSS.,  lxix,  47 ;     Conn.  Pub.  Bee,  1717-1725,  p.  509. 


[Instructions  to  Connecticut  Commissioners.] 
At  a  Meeting  of  y6  Govern1  &  Councill  in  Hartford  March  ye  20*  1724/5. 

Instructions  to  the  Com!!!  for  and  on  y*  part  of  this  Colony  of 
Conecticutt  authoris'd  to  meet  with  such  Com!!!  as  are  or  may  be 
appointed  for  and  on  the  behalf  of  ye  Province  of  New  York,  and  Joyn 
with  them  in  Running  and  Settleing  the  Dividing  Line  between  this 
Colony  and  the  Provence  of  New  York,  According  to  an  Agreement 
between  the  Governments,  whereby  the  Said  Line  was  to  be  Survey'd, 
affixt,  approv'd  of  and  Confirm'd  by  ye  Late  King  William  of  Blessed 
Memory,  and  Sd  Com!!!  appointed  by  Act  of  ye  Gen"  Assembley  of  Con- 
necticutt October  8*  1724  :  And  to  Meet  on  the  Third  Tuesday  of 
April  1725.— 

1st  If  you  Can  by  any  Means  find  out  Such  Monuments  mad  by  the 
Surveyers  in  their  Running  ye  Line  as  are  Satisfactory  to  you  and  the 
Com!!!  of  New  York  ;  And  Especially  if  you  Can  find  (to  your  Satisfac- 
tion) that  Tree  Called  by  the  Name  of  the  Dukis  Tree,  Tho  it  Comes 
farther  in  upon  this  Colony  than  by  the  Agreement  ye  Most  Easterly 
Bounds  Bounds  of  N  York  ought  to  do,  and  Comprehends  more  by  many 
Thousands  of  Acres,  than  the  Just  Aquivolent  Agreed  to  be  Added  to 
y*  End  of  y*  fourth  Line  which  was  form'd  and  is  there  Declared  to  be 
20  Miles  from  Hudsons  River,  Yet  if  that  will  Satisfie  ye  Com!!8,  from  N 
York  you  shall  Consent  thereto,  And  fix  the  Same  as  the  Station  from 
whence  the  parallell  Line  Comprehending  the  Aquivolent  within  the 
provence  of  New  York  shall  Commence,  And  from  thence  runn  to  y' 
Massachusets  Line  -.--.- 

2l£  If  you  Can't  Satisfie  your  Selves  about  y"  Monuments  erected  by  s* 
Com!!!  when  the  Survey  was  made,  So  as  that  ye  sd  Lines  can  be  certainly 


Boundaries  of  the  State  or  New  York.  329 

known,  You  are  then  to  proceed  with  the  Com!!!  of  New  York  to  Kun 
the  Line  De  Novo  according  to  ye  agreement — Begining  at  Lyons  point 
Fixing  from  thence  the  first  8  Miles  Line  to  Run  from  the  Wading  place 
N  N  Wt  untill  it  Extends  8  Miles  from  Lyons  point  into  ye  Wilderness, 
then  to  Run  the  Second  line  in  the  agreement,  and  the  Third  and  fourth 
according  to  your  Discretion,  always  Comporting  with  the  agreement 
and  to  run  a  line  from  y"  End  of  ye  fourth  Line  parallel  to  Hudsons 
River  ______.. 

31?  You  are  then  to  Compute  a  quantety  of  Acres  Comprehended  by 
the  4th  Line,  and  to  add  to  ye  East  End  of  y°  fourth  Line  So  many  Rods 
more  on  ye  Same  Course  as  that  a  line  drawn  from  the  East  End  of  y9 
Rods  So  added  up  to  the  Massachusets  Line  which  is  Supposed  to  be 
100  miles  North  and  parallel  to  the  afore  sd  parallel  Line,  Comencing 
at  the  East  End  of  the  4th  Line  - 

And  if  ye  Com!!!  of  New  York  Shall  refuse  to  proceed  in  the  affair 
according  to  the  foregoeing  Instructions,  as  at  present  appearance  to  this 
Board  it  is  Just  and  Right,  or  rather  in  favour  to  ye  Provence  of  New 
York:  You  are  then  to  treat  with  them  upon  such  other  Termes  as  you 
Shall  then  (being  upon  the  Spot)  conclude  to  be  Just  and  Consonant 
with  the  former  agreement  of  ye  Goverments,  And  Survey  thereupon 
made,  And  that  According  to  your  best  Skill,  And  as  upon  Consideration 
had  on  sd  Agreement  you  may  think  most  Just  and  Conducive  to  the 
Good  of  both  Governments  - 

And  if  you  can  Agree  you  are  to  Write,  Slgne  &  Seal  the  Agreements 
by  y*  Com!!!  of  both  Governments  to  prevent  Misunderstandings 
amongst  ye  Com!!!  of  Each  Province  &c 

Haveing  So  Agreed  Written  Sign'd  and  Sealed  Your  Agreement  you 
are  to  proceed  Joyntly  with  ya  Com6"  of  New  York  in  what  you  Can 
or  do  agree  to  with  them  as  to  particular  Courses  and  Distances,  allways 
to  be  Sure  to  keep  an  exact  account  of  ye  Courses  &  Distances  of  Every 
point  and  Measure  So  made  - 

If  you  Can't  Agree  but  ye  Com!!!  from  New  York  will  proceed  (in 
your  Apprehension)  Contrary  to  ye  Agreement  &c  You  are  Notwith- 
standing to  appoint  Some  two  of  your  Company  who  shall  goe  with 
them  &  make  observations  with  them  in  their  proceedings,  and  keep 
Accounts  thereof  and  to  make  Return  thereof  to  this  Government,  And 
the  rest  Either  to  Return  back  to  this  Government  or  to  proceed  on 
the  Work  by  Your  Selves,  as  you  shall  find  to  be  most  Conformable 
to  y*  Agreement  made  by  the  Governments  &  Survey  thereupon  — 

Given  under  My  Hand  in  Hartford  ye  141.11  Day  of  April  in  y° 
Eleventh  Year  of  ye  Reign  of  our  Soveraign  Lord  George  of 
great  Brittain,  France  &c  King  — 

J  TALCOTT 


330  Copies  of  Documents  Relating  to  the 

The  above  written  is  a  true  Copy  of  ye  Instructions  given  by  y!  Gov- 
ernour  and  Council  of  Conecticutt  as  Witnefes  our  hands  this  21"  day  of 
April  1 725  JONTH  LAW 

SAMLL  EELLS 
ROGER   WOLCOTT 
—[JST.T.  Col.  MSS.,  lxix,  48.  JOS:  WAKEMAN 


[Commission.] 

George  by  the  grace  of  God  of  great  Britain  ffranoe  and  Ireland 
King  Defender  of  the  ffaith  etc  Whereas  an  act  of  our  Governour 
Council  and  Assembly  of  our  Colony  of  New  York  was  pass'd  in  the 
month  of  June  in  the  fifth  year  of  our  Reign  Entituled  an  act  for  Run- 
ing  and  ascertaining  the  Lines  of  Partition  and  Division  betwixt  this 
Colony  and  the  Colony  of  Connecticut  Whereas  we  have  been  pleased 
to  give  our  Royal  assent  to  the  said  act  as  by  our  Letters  to  our  Gov- 
ernour of  New  York  to  that  Effect  bearing  date  at  S*  James's  the 
Twenty -third  Day  of  January  in  the  Tenth  year  of  our  Reign  may 
appear  and  whereas  timely  notice  has  been  sent  to  the  Governour  of 
Connecticut  from  our  Governour  of  this  Province  that  on  the  Third 
Tuesday  of  this  Instant,  the  said  Lines  are  to  be  begun  to  be  run  on  the 
part  of  this  Province  pursuant  to  the  said  act  and  whereas  it  hath 
seemed  to  our  said  Governour  with  the  advice  of  our  Council  most 
Convenient  and  fit  that  Francis  Harison,  Cadwallader  Colden  Johannes 
Jansen,  and  Isaac  Hicks  Esq1".8  or  or  any  two  or  more  of  them  in  Conjunc- 
tion with  the  Surveyor  General  of  this  Province  or  his  Deputy  should 
pursuant  to  the  said  act  be  authorized  and  Impower'd  to  run  Mark  out 
Distinguish  and  ascertain  the  Lines  of  partition  and  Division  between 
this  province  and  the  Colony  of  Connecticut  Now  Know  Ye  That 
pursuant  to  the  aforesaid  Act  of  Assembly  we  have  authorized  and 
Impower'd  and  we  do  by  these  presents  authorize  and  Impower  the  said 
ffrancis  Harison,  Cadwallader  Colden  Johannes  Jansen  and  Isaac  Hicks 
or  any  two  or  more  of  them  in  Conjunction  with  Cadwallader  Golden, 
now  Surveyor  General  of  this  province  or  his  Deputy  approved  of  by 
the  Governour  or  Commander  in.  Chief  for  the  time  being  with  the 
advice  and  Consent  of  the  Council  to  run  mark  out  Distinguish  and 
ascertain  the  Line  of  Partition  and  Division  between  this  Province  and 
the  Colony  of  Connecticut  According  to  the  Agreements  mentioned  in 
the  said  act  which  were  approved  and  allowed  of  by  the  Late  King 
William  and  in  no  other  manner  than  it  was  agreed  and  approved  of  as 
therein  mentioned  which  Lines  when  run  and  the  places  Distinguished 
thro'  which  they  shall  pass  are  to  be  the  Lines  of  Partition  and  Division 
betwixt  this  Colony  and  the  Colony  of  Connecticut  as  by  the  said  act 
they  are  declared  and  Enacted  to  be  In  Testimony  whereof  we  have 


Boundaries  of  the  State  of  New  York.  331 

Caused  the  great  Seal  of  our  province  of  New  York  to  be  thereunto 
affixed  Witness  our  Trusty  and  wele  beloved  William  Burnet  Esq1! 
Captain  General  and  Governour  in  Chief  of  our  province  of  New  York 
New  Jersey  and  Territories  thereon  Depending  in  america  and  vice 
admiral  of  the  same  etc  in  Council  at  our  Fort  at  New  York  the  Third 
day  of  April  In  the  Eleventh  year  of  our  Reign  Annoque  Domini  1725 

JS:  BOBIN  D:Secr'y 
—{Commission  (MS.),  in  office  of  N.  Y.  Sec'y  of  State,  iii,  255. 

[Ik  N.  Y.  Council.] 

April  8,  1725 

«  *  *  * 

His  Excellency  proposed  to  the  Board  that  a  Committee  of  this 
Board  be  appointed  to  prepare  Instructions  for  the  Comissioners  and 
Surveyor  appointed  to  run  the  Lines  of  Partition  and  Division  between 
this  province  and  the  Colony  of  Connecticut 

Whereupon  is  Ordered  that  the  Gentlemen  of  this  Board  or  any  five 
of  them  be  a  Comittee  for  that  purpose  Ordered  that  the  said  Com- 
mittee do  Consider  Likewise  what  Sum  shall  be  advanced  to  the  Said 
Commr:s  and  Surveyor  that  Shall  go  upon  the  Actuall  Survey. — 

Doctor  Colden  proposed  to  the  Board  that  Mr  James  Livingston  be 
his  Deputy  upon  the  said  Survey  which  was  approved  of  — 

His  Excellency  withdrawing  the  Gentlemen  resolved  into  a  Committee 

Then  Mr  Barberie  Chairman  of  the  Committee  appointed  to  prepare 

Instructions  for  the  aforesaid  Comm™  and  Surveyor  in  his  place  Reported 

that  they  had  agreed  upon  the  following  Instructions  in  Hac  Verba  — 

[Instructions  to  the  N.  Y.  Commissioners.] 
Whereas  by  the  Act  or  Resolve  of  the  Assembly  of  Connecticut 
the  Comm™  of  that  Colony  are  Restrained  and  Confin'd  to  observe  Such 
Instructions  as  the  Gov^  and  Council  of  that  province  Shall  give  them 
before  you  begin  to  Treat  with  them  You  shall  Require  a  Copy  of 
their  Instructions  as  well  as  of  their  Commission  and  if  they  Shall 
refuse  to  give  Such  Copy  or  if  you  shall  find  that  by  their  Instructions 
they  are  directed  to  Settle  the  boundarys  Contrary  to  the  true  Intent 
and  meaning  of  the  Articles  of  Agreement  and  Survey  you  Shall  not 
to  proceed  to  Treat  with  them  but  you  Shall  immediatly  begin  your 
Survey  in  order  to  fix  the  boundarys  and  partition  Line  between  the 
two  Colonys  Exparte  or  by  your  Selves  as  you  are  Impowered  by  your 

Commission  and  the  Act  of  the  General  Assembly  of  this  Province 

If  you  Shall  find  by  their  Commission  and  Instructions  that  they  are 
Sufficiently  Impowered  in  Conjunction  with  you  to  Settle  the  Boundarys 
and  Limits  of  partition  between  this  and  that  Colony  You  shall  before 


332  Copies  of  Documents  Relating  to  the 

you  begin  the  actuall  Survey  Endeavour  to  agree  and  Settle  between 
you  and  them  the  manner  and  Terms  of  performing  the  Survey  and 
Every  part  of  it  as  near  as  possible  to  the  true  Intent  and  meaning  of 
the  Articles  of  Agreement  made  in  the  year  1683  Between  Colo  Thomas 
Dongan  of  New  York  and  the  Council  thereof  of  the  one  Side  and 
Robert  Treat  Esqr  Governour  of  the  Colony  of  Connecticut  and  other 
Comissioners  of  that  Colony  on  the  other  side  and  of  the  Report  of 
the  Comissioners  and  Surveyors  of  this  province  and  the  Colony  of 
Connecticut  which  Insued  thereupon  and  was  approved  of  by  his  Late 
majesty  King  William 

And  Whereas  in  the  said  Agreement  a  Line  parrallell  to  Hudsons 
River  in  Every  place  Twenty  miles  distant  from  Hudsons  River  was 
agreed  to  be  the  bounds  between  the  said  Colonies  with  some  provisions 
as  therein  are  mentioned  to  Comply  Exactly  with  which  Expression 
may  be  difficult  and  vastly  Expensive 

Therefore  you  may  agree  upon,  one  or  more  Streight  Lines  nearly 
to  the  Intention  of  the  said  Agreement 

You  are  to  take  a  view  and  Run  the  Lines  and  marks  said  to  be  run 
and  markt  by  the  Comissioners  and  Surveyors  in  the  year  1684  pur- 
suant to  the  said  Agreement  and  if  you  find  Sufficient  Cause  to  believe 
them  to  be  the  very  Lines  run  and  markt  by  the  said  Conim"  and  Sur- 
veyors you  are  to  agree  to  them  and  Cause  them  to  be  of  New  distin- 
guished and  marked 

In  Case  the  Comissioners  of  Connecticut  upon  your  meeting  with 
them  do  absolutely  Refuse  to  view  and  run  the  Lines  run  in  1684  and 
Insist  to  Continue  the  work  from  a  Tree  which  they  pretend  is  the  Tree 
fixed  by  the  Surveyors  in  1684  as  Twenty  from  Hudsons  River  and 
from  thence  to  Lay  of  the  Equivalent 

You  are  rather  then  to  break  with  them  on  that  point  to  agree  to 
begin  from  that  Tree  provided  that  upon  your  own  View  and  runing 
of  the  former  Lines  you  Shall  find  it  to  be  nearly  Just  and  if  they  will 
not  Join  in  this  your  View  you  are  to  Insist  as  much  as  possible  that  they 
do  Send  one  or  more  to  be  Witnesses  to  the  Justness  of  your  work  — 

Before  you  Begin  to  Run  the  Line  or  Lines  parrallell  to  Hudsons 
River  you  shall  measure  the  distance  between  the  End  of  the  Line  run- 
ing East  North  East  parrallell  to  the  Sound  begining  Twenty  miles 
from  Hudsons  River  on  the  said  Line  and  Ending  in  the  Line  of  mas- 
sachusetts  Bay  at  Twenty  miles  distance  from  Hudsons  River  in  order 
to  find  the  additional  Breadth  beyond  Twenty  miles  from  the  said  River 
at  which  the  parrallell  Line  or  Lines  to  the  said  River  ought  to  be 
run. 

If  you  cannot  agree  with  the  Comissioners  of  Connecticut  on  the  man- 
ner and  Term  of  performing  the  whole  or  any  parts  or  part  thereof  the 


Boundaries  of  the  State  of  New  York.  383 

said  Survey  as  before  directed  you  shall  perform  the  whole  or  any  Such 
parts  or  part  of  the  Same  Ex  parte  or  by  your  Selves  according  to  the 
true  Intent  and  meaning  of  the  agreement  and  Survey  — 

You  shall  at  the  Ends  or  Extremitys  of  every  Line  Erect  or  fix  Some 
Remarkable  monument  (if  the  same  be  not  Remarkably  Certain  by 
Something  naturally  Scituated  there)  as  memorials  of  your  Survey  and 
of  the  Boundarys  of  the  two  Colonys 

In  Case  the  Comissioners  of  Connecticut  shall  Refuse  to  Join  with 
you  in  Surveying  the  partition  Lines  between  the  two  Colonys  or  any 
part  of  them  You  shall  desire  their  Comissioners  to  go  along  with  you 
to  be  Witnesses  of  your  Actions  and  work  and  to  preserve  the  peace 
on  the  side  of  their  Government  that  you  meet  with  no  opposition  from 
any  on  their  Side 

If  they  shall  Refuse  to  go  along  with  you  —  You  Shall  desire  them 
to  Send  Some  Persons  in  any  authority  to  prevent  any  Opposition  to  you 
and  to  preserve  the  peace 

And  if  at  any  time  you  shall  meet  with  Opposition  in  your  Survey 
and  Setling  the  Lines  You  Shall  immediately  Send  an  Express  to  the 
Governour  of  Connecticut  or  in  his  absence  to  the  L*  Governour 
acquainting  him  with  the  Opposition  you  shall  have  met  and  desiring 
the  Interposition  of  his  authority  in  order  to  remove  the  Same  that  you 
may  go  on  peaceably  with  your  Survey  and  the  fixing  of  the  boundarys 
between  the  two  Colonys 

If  after  all  this  the  opposition  Shall  Continue  you  shall  return  to  New 
York  and  Lay  before  me  an  account  of  your  proceedings. — 

In  Case^the  Comissioners  of  Connecticut  shall  Refuse  to  Show  their 
Instructions  unless  you  Likewise  shall  Show  yours  you  may  rather  than 
to  break  with  them  on  that  Score  Shew  your  Instructions  to  them. — 


Which  Instructions  were  approved  of  by  the  Board  with  the  following 
amendments  viz*  (instead  of  the  word  [or  Impossible]  Insert  the  words 
[and  Vastly  Expensive]  Leave  out  the  words  tho  not  Strictly  accord- 
ingly to  the  words.1 

Ordered  that  the  Instructions  be  Engrossed  accordingly  —  Mr  Bar- 
berie  Likewise  Reported  that  the  said  Committee  had  Considered  of 
what  Sum  ought  to  be  advanced  to  the  said  Coram™  and  Survey  [or] 
that  go  upon  the  Actual  Survey  and  were  of  Opinion  that  there  be 
advanced  to  the  Comm?  that  Shall  go  upon  the  Actual  Survey  Ten 
pounds  Each  that  there  be  advanced  to  Doctor  Colden  as  Comm'  and 

'The  former  of  these  amendments,  which  are  incorporated  in  the  ahove  text, 
seems  to  have  been  made  at  the  end  of  the  Recitals  or  Preamble,  and  the  other  at 
the  end  of  the  next  paragraph  thereafter. — [P. 


834  Copies  of  Documents  Relating  to  the 

Surveyor  Twenty  pounds  and  to  his  Deputy  five  pounds  and  that  there 
Likewise  be  advanced  Sixty  pounds  for  necessary  Charges  upon  the  said 

Survey  to  be  accounted  for  to  this  Board. 

Which  was  Likewise  approved  of  by  the  Board  Ordered  that  War- 
rants be  prepared  accordingly  but  that  each  Comissioner  give  his 
promissory  note  to  the  Treasurer  to  repay  Twenty  Shillings  for  each  of 
the  first  days  after  their  Setting  out  during  which  he  shall  not  have 
attended  the  business  of  his  Commission 

— [N.  Y.  Council  Minutes  (MS.),  xiv,  431  ;    Col.  MSS.,  lxix,  49  ;  Sen. 
Doe.,  1857,  No.  1C5,  p.  142. 


[Connecticut  Commissioners  to  N.  Y.  Commissioners.] 

In  addition  to  what  we  have  already  agreed  to  under  our  hands  We 
offer  to  agree  with  you  either  according  to  your  act  approved  by  his 
present  Majesty  or  if  you  think  we  may  according  to  the  Report  of  y" 
Survey  Confirm'd  by  King  William  Or  according  to  the  Agreement  in 
83  Confirm'd  by  King  William  in  this  remaining  part  of  the  agreement 
as  not  compris'd  and  delinated  by  your  Act  nor  fix'd  by  the  Survey  — 
first  —  According  to  your  act  and  then  We  offer  to  you  to  Agree  agreea- 
ble to  your  act  which  We  understand  to  the  declare  That  part  of  the 
Most  Easterly  part  of  the  Bounds  of  the  Province  of  New  York  were 
ascertain'd  by  the  Report  of  the  Survey  and  approv'd  by  the  Governer 
Dungan  and  Treat  and  Confirm'd  by  King  William  comprehending  the 
Equivolent  by  the  addition  of  305  Rodds  to  the  Easterly  end  of  the  E. 
N.  E  Line  on  the  said  E.  N.  E  Course  and  from  the  end  thereof  a  Line 
to  be  thence  drawn  paralell  to  Hudsons  River  till  it  intersect  y?  Massa- 
thusetts  Line. 

In  the  form  following  or  any  other  that  may  be  better  drawn  Viz* 

The  Boundaries  between  the  two  Colonies  of  New  York  and  Conecti- 
cutt  being  already  agreed  to  between  ITs  So  farr  as  13  miles  64  rods 
extends  to  from  the  Northerly  end  of  the  first  8  mile  Line  from  Lions 
Point.  We  will  proceed  to  add  to  the  end  there  of  305  Rods  on  y6  same 
E  N  E  Course  and  from  the  end  there  of  We  will  run  a  Line  paralell  to 
Hudsons  River  till  it  Shall  intersect  the  Line  dividing  between  the 
Colonys  of  the  Massathusett  and  Conecticutt  and  erect  proper  Monu- 
ments therein  which  shall  be  a  Divided  Line  between  the  two  Colonies 
for  Ever. 

But  if  you  shall  choose  to  go  by  the  Survey  Confirmd  by  King 
William  Supposing  the  Conditionall  part  y!of  Viz.'  of  the  addition  of 
305  Rods  Submitted  to  the  Gov"  for  ye  approbation  as  not  comply'd 
with  and  compleated  by  the  Agreements  of  y*  Gov"  Dungan  and  Treat  at 


Boundaries  of  the  State  of  New  York.  335 

Milford  then  Understanding  the  Positive  part  of  y?  Survey  Confirm'd  by 
King  William  positively  and  the  Conditional  part  therof  Conditionall 

We  will  agree  with  you  in  Such  like  from  Viz!  The  Boundaries 
between  the  two  Colonies  of  New  York  &  Conecticut  being  already 
agree'd  to  between  Us  So  farr  as  the  13  miles  &  64  Rods  extends  to 
from  the  Northerly  end  of  the  first  8  Mile  Line  from  Lions  We  will 
'proceed  to  run  from  thence  a  Line  paralell  to  Hudsons  River  till  it 
shall  intersect  the  Line  dividing  between  the  Colonies  of  the  Massa- 
thusetts  and  Conecticutt  and  erect  proper  Monuments  yrin  and  leave 
that  part  mentioned  in  y?  Survey  to  be  Submitted  to  ye  approbation 
of  both  Governments  untill  each  Govern'  shall  Declare  their  appro- 
bation y!of 
.  And  further  if  nither  of  ye  foregoing  agreements  proposed  are  agreea- 
ble to  you  and  you  shall  choose  to  regulate  this  part  remaining  by  ye 
agreement  made  in  83  according  to  the  true  Intent  and  meaning  thereof 
We  Understanding  it  according  to  the  following  Construction  Viz1 — 

That  a  Line  should  be  drawn  from  Lions  Point  so  far  Northward  as 
will  make  8  miles  Viz*  as  Biram  River  runns  to  the  Wading  place  where 
ye  comon  Rhoad  cutts  the  River  and  from  thence  So  farr  on  a  N.  N.  W 
Course  as  to  bring  it  to  the  end  of  ye  sd.  8  miles  and  that  then  a  Line  being 
drawn  from  Lions  Point  12  Miles  Eastward  according  to  ye  Comon 
Course  of  the  Sound  and  another  Line  being  drawn  from  ye  Sound  at 
ye  end  of  ye  Said  12  Mile  line  on  a  North  North  West  Course  8  Miles 
and  then  a  fourth  Line  being  drawn  from  ye  Northerly  end  of  ye  Last 
mentioned  Line  of  eighht  miles  12  miles  to  ye  Northerly  end  of  a  Line 
drawn  8  miles  on  a  N  N  W  Course  from  Lions  Point  and  that  a  Line 
paralell  to  Hudsons  River  being  drawn  from  y?  end  of  y!  fourth  men- 
tioned Line  of  12  Miles  to  the  Massathusetts  Line  That  the  Lands 
diminished  by  ye  Line  of  8  miles  drawn  from  Lions  Point  on  a  N.  N.  W 
Course  and  the  Line  that  is  then  to  run  from  the  end  thereof  1 2  Mile 
to  the  end  of  ye  3d  forementioned  Line  of  8  Miles  of  ye  lands  lying 
within  20  Miles  of  Hudsons  River  shall  bee  added  out  of  yf  Bounds  of 
Conecticutt  Quantity  for  Quantity  at  an  equal  breadth  adjoyning  to  the 
Said  paralell  Line. 

We  will  agree  in  Such  like  form  following 

The  Boundaries  &c  (as  before  exprest)  We  will  proceed  to  runn  from 
thence  a  Line  paralell  to  Hudsons  River  till  it  shall  Intersect  ye  Line 
dividing  between  ye  Colonies  of  the  Massathusetts  and  Conecticutt  and 
In  Case  We  shall  find  that  ye  land  diminished  of  the  lands  lying  within 
20  Miles  of  Hudsons  River'by  a  Line  drawn  N  N.  W.  from  Lions  Point 
8  Mile  &  ye  Line  that  shall  thence  be  runn  12  Miles  to  the  3d  men- 
tioned Line  of  8  Miles  shall  not  be  found  to  be  made  up  Quantity  for 
Quantity  out  of  the  Bounds  of  Conecticut  by  the  Lands  lying  between 


336  Copies  of  Documents  Relating  to  the 

a  paralell  Line  to  Hudsons  River  drawn  from  the  end  of  the  4th  line  & 
a  paralell  Line  drawn  from  ye  end  of  y"  13  Miles  &  64  Rods  We  will 
then  proceed  to  Add  out  of  ye  Lands  adjoyning  to  the  last  mentioned 
paralell  Line  So  soon  as  We  can  find  the  length  of  it  to  the  full  Quantity 
thereof  without  exception  — 

A  Coppia  of  a  Paper  Given  from  the  Coram"  of  Conet:  to  the 

Comm"  of  New  York     April  26\h  1725 
—[A7:  T.  Col.  MS8.,  lxix,  50. 


ARTICLES  OF  AGREEMENT 
Made  and  concluded  at  Greenwich  in  ye  Colony  of  Connecticutt  (on  the 
Twenty  ninth  day)  of  April  in  ye  Eleventh  year  of  y*  Reign  of  our 
Sovereign  Lord  (George  of  Great)  Britain,  France  &  Ireland,  King 
Defender  of  ye  faith  &c  and  (in  the  year  of  our  Lord)  one  Thousand 
Seven  hundred  &  twenty  five  between  Francis  Hanson  (Cadwallader 
Colden)  Survey1"  General  of  ye  Province  of  New  York,  and  Isaac  Hicks 
Esqr  (Authorized  and  appointed)  by  his  Magesty8  Commission  under 
the  Great  Seal  of  sd  Province  (and  dated  at  Fort)  George  in  New  York 
the  Third  day  of  this  Instant  Month  in  the  Year  (above  written,  to)  run, 
mark  out,  distinguish,  and  Ascertain  the  Lines  of  Partition  and  Division 
(between  the  said)  Province  and  the  Colony  of  Conecticut,  of  the  one 
Side  and  (Jonathan  Law,  Sam)uel  Eels,  Roger  Wolcot  Esq",  and  John 
Copp  &  Edmond  Lewis  (Surveyors  Commissione)rs  Appointed  and 
Authorised  by  the  Colony  of  Connecticutt  to  (meet  with  the  Comrais- 
sio)n"  from  New  York,  to  treat  with  Settle,  Agree,  run,  Ascertain 
(and  fix  the  Partition)  Lines  between  ye  Province  of  New  York  and 
Colony  of  Connecticutt  on  (the  other  Side.)1 

Imprimis  it  is  herby  Stipulated  Covenanted  and  firmly  agreed  to, 
by,  and  between  us  the  Comission"  of  the  Province  of  New  York 
aforesd  and  the  Commission"  &  Survey"  of  the  Colony  of  Connecticutt 
aforesf  respectively  appointed  for  runing,  Setling  &  Ascertaining  the 
Lines  of  Partition  and  Division  between  ye  sd  Province  &  the  sd  Colony 
That  we  the  sd  Comission"  &  Survey"  Shall  begin  at  Lyons  point  and 
from  thence  run  by  the  Compass  a  Line  North  half  a  point  Easterly, 
one  mile  and  an  half  &  Twenty  Rods,  and  from  the  end  of  the  sd  Line 
we  Shall  run  a  Streight  Line  to  ye  Rock  at  the  Road  or  Wadeing  place, 
and  Observe  the  distance  from  the  sd  Rock  and  the  end  of  ye  sd  Line 
then  we  Shall  run  from  ye  sd  Rock  North  North  West  Six  Miles  and 
an  half,  and  if  we  Shall  not  find  ye  Trees  marked  at  ye  End  thereof, 
which  are  Supposed  to  be  the  Same  Marked  by  the  Survey"  in  ye  year  one 
Thousand  Six  hundred  Eighty  four,  We  Shall  Run  a  Streight  Line  from 

1  This  portion  of  the  original  MS.  is  mutilated,  and  this  copy  cannot  be  fully 
verified  thereby;  but  reference  has  been  made  to  the  transcript  in  Vol.  3,  of  Gom- 
mimons,  pp.  259-263.     The  missing  words  are  in  parentheses. — [P. 


Boundaries  of  the  State  of  New  York.  337 

y*  End  of  ye  sd  North  Nor'  West  line  to  ye  sd  Supposed  trees,  and  if  then 
we  shall  find  that  the  distance  between  ye  End  of  ye  sd  North  nor' 
West  line  and  the  Said  Supposed  Trees,  is  not  greater  than  the  distance 
between  the  line  from  Lyons  point  North  half  a  point  Easterly  &  ye 
aforesd  Rock  in  proportion  as  one  Mile  and  a  half  and  Twenty  rods  is  to 
Six  miles  and  an  half,  Then  we  do  Agree  that  yc  sd  Supposed  Trees  are 
verily  the  Trees  that  were  marked  by  ye  Comission™  &  Survey"  in  the 
yeare  one  Thousand  Six  hundred  Eighty  four,  but  if  we  Shall  find  that 
the  distance  between  ye  End  of  the  sd  North  nor'  West  Line  and  the 
Suposed  Trees  is  greater  in  proportion  to  ye  Distance  between  ye  end 
of  the  Line  from  Lyons  point  and  ye  Rock  than  Six  miles  and  an  half  is 
to  y"  Distance  of  one  Mile  and  an  half  and  Twenty  Rods,  then  we  Shall 
erect  a  Monument  at  ye  End  of  ye  North  North  West  line  as  ye  End  of 
ye  sd  Division  Line  between  y°  province  of  New  York  and  y*  Colony  of 
Connecticutt  Provided  nevertheless  that  if  Either  ye  Comiss"  &  Sur- 
vey™ of  ye  Province  of  New  York  or  the  Comiss™  &  Survey™  of 
the  Colony  of  Connecticutt  Shall  declare  and  insist  that  the  lines 
run  before  mentioned  have  not  to  their  Satisfaction  Determined  the 
true  place  of  ye  end  of  ye  said  North  Nor'  West  line,  that  then  we 
will  run  West  &  by  North  to  Hudsons  River,  and  then  if  ye  Distance  of 
Seven  Miles  and  one  hundred  &  Twenty  Rods  Agree  with  ye  end  of  y* 
said  North,  Nor'  West  line  or  with  the  Supposed  trees  marked  in  one 
Thousand  Six  hundred  Eighty  four  we  will  Establish  Either  ye  sd 
Trees  or  ye  End  of  ye  srt  North  Nor'  West  Line  which  so  ever  of  them 
Shall  nearest  agree  with  ye  Same  Distance  of  Seven  mile  &  one  hundred 
&  Twenty  Rod,  that  is  to  Say  if  ye  Trees  be  nearer  to  ye  Distance  of 
Seven  miles  and  one  hundred  and  Twenty  Rods  over  or  under  than 
ye  End  of  ye  sd  North  Nor'  West  line  then  we  will  Establish  ye  sd  Trees 
as  ye  Boundary  &  Limit  between  the  Province  of  New  York  & 
Colony  of  Connecticutt  and  a  Streight  line  between  ye  sd  Trees  when 
So  Confirmed  and  the  great  Rock  at  ye  Wadeing  place  Shall  be  So  farr 
the  line  of  Partition  between  the  province  of  New  York  &  ye  Colony 
of  Connecticut.  But  if  ye  End  of  the  North  Nor'  West  line  to  be  Run 
aB  aforesd  shall  be  nearer  to  ye  Distance  of  Seven  Miles  and  one  hundred 
and  Twenty  Rods  from  Hudsons  river  over  or  under  than  the  sd  Trees, 
then  we  do  Agree  to  Establish  ye  sd  North  North  West  line  as  the  line 
of  partition  and  Division  So  farr  between  the  Provinc  of  New  York  <fc 
y*  Colony  of  Connecticut,  and  will  Erect  a  Monument  at  ye  place  So 
Agreed  to.  And  after  we  Shall  have  Established  Either  ye  sd  Trees  or 
the  sd  North  Nor  West  line,  Then  a  Line  paralell  to  the  Sound  run  from 
sd  Trees  or  from  the  Northermost  end  of  the  sd  North  north  West 
line  that  is  to  Say  from  which  so  ever  of  them  Shall  be  Established  as 
the  as  the  Limit  and  Boundary  as  afore  sd....And  Runing  East 
22 


338  Copies  of  Documents  Relating  to  the 

North  East  Thirteen  Miles  and  Sixty  four  Rods  Shall  be  So  far  the 
Line  of  Partition  and  Division  between  the  sd  Province  of  New  York 
and  ye  Colony  of  Connecticut  And  we  will  Erect  a  Monument  at 
the  end  of  the  sd  East  North  East  Line,  which  Monument  Shall  be 
deem'd  and  Esteem'd  to  be  Twenty  Miles  from  Hudsons  River. 
In  the  next  place  after  we  Shall  have  Establish'd  the  End  of  the  sd 
East  North  East  Line  as  Twenty  Miles  from  Hudsons  River,  We  Shall 
goe  to  a  Point  of  Land  on  the  East  Side  of  Hudsons  River  comonly 
known  by  the  name  of  Cortlands  Point  which  is  Nearly  opposite  to 
Stony  point  or  to  the  begining  of  ye  high  Lands  and  from  ye  most 
Westerly  part  of  ye  sd  Cortlands  point  we  Shall  Runn  an  East  line 
According  to  ye  Compass  Twenty  Miles,  at  ye  end  of  which  twenty  miles 
we  Shall  Erect  A  Monument  and  then  we  Shall  run  a  Streight  line  from 
ye  Monument  at  ye  End  of  the  afor  Said  East  North  East  line  to  the 
Monument  at  ye  End  of  the  East  line  from  Cortlands  Point,  which  line 
Shall  be  deemed  and  Esteemed  so  far  a  paralell  line  to  Hudsons  River 
and  Every  where  Twenty  Miles  from  it,  Then  from  ye  Monument  at  the 
end  of  the  East  line  from  Cortlands  point,  We  shall  run  a  Random  line 
to  ye  line  of  the  Massachusetts  Bay  now  Established  between  the 
Colonys  of  Connecticut  and  the  Massachusets  Bay,  which  line  Shall  be 
run  by  one  Course  Except  only  where  it  Shall  meet  with  large  Ponds  and 
large  Swamps  and  Precipices  and  Rocks  which  Shall  be  very  difficult 
to  pass  over,  in  which  places  it  Shall  be  alowable  to  goe  aside  from  the 
sd  Course  in  order  to  avoid  the  sd  Difficulty8,  Provided  that  as  soon  as 
y9  sa  Difficulty3  Shall  be  avoided,  the  Survey"  who  shall  run  the  sd  Line 
do  Return  to  their  first  Course  and  run  ye  sd  line  nearly  according  to 
ye  Rules  of  Art,  as  if  they  had  Continued  in  .one  line  as  they  Should 
have  done  if  no  Such  difficulty  had  interupted  them  in  their  Course, 
then  we  Shall  Continue  ye  Line  of  ye  Massachusetts  Bay  to  Hudsons 
River.  And  when  this  Shall  be  done  we  will  Compute  at  what  place  a 
line  runing  East  &>  by  South  according  to  y"  Compass,  from  Hudsons 
River  and  Twenty  Miles  in  Length  Shall  Terminate  in  ye  afore  sd  line  of 
ye  Massachusetts  Bay,  and  at  that  place  we  Shall  Erect  a  Monument 
which  Shall  be  Deem'd  and  Esteem'd  to  be  Twenty  Miles  from  Hud- 
sons River,  Then  We  Shall  run  a  Streight  line  from  ye  Monument  at 
ye  End  of  the  East  line  from  Cortlands  point  to  ye  afore  sd  Monument, 
on  the  line  of  ye  Massachusetts  Bay,  which  Streight  line  between  the 
two  last  mentioned  Monuments  Shall  be  Deemed  and  Esteem'd  a  line 
paralell  to  Hudsons  river  and  every  where  Twenty  Miles  from  it,  Then 
we  Covenant  and  Muetually  Agree  that  Sixty  one  Thousand  four  hun- 
dred and  forty  acres  of  Land  Shall  be  added  to  the  province  of  New 
York  out  of  ye  Bounds  of  ye  Colony  of  Connecticutt,  which  adition 
Shall  be  made  along  the  afore  sd  lines  paralell  to  Hudsons  River,  that  is 


Boundaries  of  the  State  of  New  York.  339 

to  Say  along  the  line  runing  from  the  monument  at  ye  End  of  ye  afore  sd 
East  North  East  line  to  ye  Monument  at  ye  end  of  ye  East  line  from 
Cortlands  point,  and  along  the  line  running  from  the  sd  last  mentioned 
Monument  to  the  monument  in  ye  line  of  ye  Massachusetts  Bay,  and 
Shall  be  Bounded  to  ye  Eastward  and  Divided  from  ye  Colony  of  Con- 
necticut by  two  lines  paralell  to  ye  sd  two  lines  a  long  which  ye  sd  addi- 
tion is  ma<*e  and  at  Such  Bredth  as  that  Sixty  one  Thousand,  four 
hundred  &  forty  Acres  of  Land  May  be  Contained  between  ye  sd  par- 
alell lines  on  the  Sides  of  the  sd  Addition  &  between  ye  line  of  the 
Massachusetts  Bay,  and  ye  afore  sd  East  North  East  line  Continued  So 
farr  to  the  Eastward  as  the  Bredth  of  ye  sd  addition  Shall  Extend  on 
y*  End  of  the  sd  addition.  And  wheras  Severall  poor  English  families 
have  lay'd  out  their  whole  Substance  and  Spent  their  youth  in  clearing 
tilling  and  improveing  with  great  hazard  &  hard  Labour  land  which  it 
is  Supposed  may  ly  near  the  paralell  lines  at  Twenty  miles  Distance 
from  Hudsons  river,  and-  where  as  if  the  improv'd  land  of  ye  sd  poor 
people  Should  fall  within  ye  Equivelent  of  Sixty  one  Thousand  four 
hundred  &  forty  Acres  to  be  added  out  of  ye  Bounds  of  Connecticut  the 
sd  poor  familys  may  hope  for  his  Majesties  favour  in  granting  to  them 
the  Said  Improvd  Lands  in  Such  maner  as  Lands  are  Usually  granted 
within  the  province  of  New  York  It  is  further  Agreed  that  in  Mea- 
sureing  the  line  Runing  East  North  East  Thirteen  Mile  and  Sixty  four 
Rods  from  ye  End  of  y6  North  North  West  line  of  Six  miles  &  a  half, 
and  in  Measureing  ye  East  line  of  Twenty  Miles  from  Cortlands  point 
we  Shall  only  alow  of  Strict  measure  in  ye  best  maner  the  same  can  be 
Actually  performed  upon  ye  Surface  of  ye  Land,  Butt  that  in  all  Other 
lines  to  be  Measured  or  to  be  Computed  we  Shall  alow  at  ye  Rate  of 
Twelve  Rods  to  be  added  to  Every  Mile  &  that  one  Mile  &  Twelve 
Rods  of  Actual  Measure  Shall  be  Esteemed  &  Computed  in  all  other 
places  as  one  Mile  of  true  Measure.  And  So  proportionably  for  a  great' 
or  less  length,  takeing  ye  Rough  &  Smooth  land,  togather  into  ye  Com- 
putation as  we  Shall  meet  with  them,  it  is  provided  Nevertheless  that  in 
Measuring  the  Bredth  of  the  sd  additionall  Land:  ye  alowance  Shall 
not  be  made  at  ye  rate  of  Twelve  Rods  to  a  Mile  —  but  that  what  ever 
alowance  Shall  be  made  in  Measureing  the  lines  runing  from  Lyons 
point  to  ye  Rock  at  ye  Wadeing  place  and  from  the  sd  Rock  to  the  three 
Trees  at  ye  end  of  the  North  Nor'West  line  ye  Same  alowance  Shall  be 
added  to  the  bredth  of  the  additional  Land  Joyn'd  to  ye  Loins  paralell 
to  Hudsons  River,  that  is  to  Say  after  the  sd  Trees  or  ye  end  of  ye  North 
Nor'West  line  Shall  be  Established  by  the  rides  already  agreed  to,  it 
Shall  be  Computed  how  far  the  sd  Trees  or  ye  end  of  ye  sd  North 
Nor'West  line  Shall  be  distant  from  Lyons  point  on  a  Streight  line  with- 
out any  alowance  in  Measure  and  if  the  sd  Distance  Shall  be  found 


340  Copies  of  Documents  Relating  to  the 

greatr  yu  eight  miles  whatever  measure  shall  be  found  to  be  over  the 
sd  Eight  miles  the  sd  over  pluss  measure  Shall  be  accompted  an  allowance 
to  be  added  to  ye  Bredth  of  ye  additionall  Lands  Containing  Sixty  one 
thousand  four  hundred  &  forty  Acres  in  Such  proportion  as  Eight  miles 
Shall  be  to  ye  Bredth  of  ye  sd  Additional  lands,  and  when  ye  Bredth  of 
ye  sd  Lands  to  be  added  out  of  Connecticut  Shall  be  Established  as 
above  Directed  we  Shall  fix  &  ascertain  the  Bounds  of  ye  Same  by 
Continuing  on  ye  South  End  of  ye  sd  lands  the  East  North  East  line  and 
Erect  a  Monument  on  ye  end  thereof  when  Continued  ye  full  Bredth 
of  yc  sd  additional  lands  And  from  the  said  Monument  run  two  lines 
paralell  to  ye  two  lines  which  are  paralell  to  Hudsons  river.  And  there 
by  fix  and  Ascertain  the  lines  of  partition  and  division  between  ye 
province  of  New  York  &  ye  Colony  of  Connecticut,  from  the  last  men- 
tioned Monument  to  the  line  of  ye  Massachusetts  Bay,  and  erect  Monu- 
ments in  the  sd  lines  at  all  places  which  may  be  thought  Necessary.  It 
is  Agreed  by  and  between  the  Comission"  and  Survey1"8,  afore  sd  that  to 
avoid  Confusion  and  Disputes  from  the  Useing  of  Severall  differing 
Instruments,  We  Shall  Agree  on  one  Compass  to  be  Use'd  on  the  Work 
at  this  time  which  Compass  Shall  appear  to  have  Either  no  Error  or  the 
fewest  of  any  and  that  we  Shall  have  no  reguard  to  the  Variation  of  ye 
Sd  Compass  from  ye  True  Meridian  in  running  ye  lines  above  Described, 
but  that  they  Shall  be  runn  by  ye  sd  Compass  without  any  alowance  for 
the  sd  Variation.  And  it  is  further  Agreed  that  if  at  this  our  present 
Meeting  we  Shall  not  be  able  to  goe  through  the  whole  Work  According 
to  the  above  Stipulations,  that  we  will  at  any  time  hereafter  meet  and 
proceed  there  on  at  Such  time  as  Shall  be  Agreed  upon  by  his  Excel- 
lencie,  the  Govern1  of  New  York  or  Commander  in  Chief  for  ye  time 
being,  and  his  Hon!  the  Governor  of  Connecticutt  for  ye  time  being. 
And  in  Testimony  that  we  whose  Names  are  under  Written  do 
Mutually  and  Interchangeably  firmly  Agree  and  Consent  to  all  the  above 
Articles  and  Every  Clause  Matter  and  thing  therein  Contained  We  have 
here  unto  Sett  our  Hands  and  Seals  at  Greenwich  in  the  Colony  of 
Connecticutt  the  Day  and  Year  above  Written. 

FRA.  HARRISON  [l.  s.] 
CADWALLADER  COLDEN     [l.  s.] 

ISAAC  HICKS  [l.  s.] 

JONATHAN  LAW  [l.  s  ] 

SAML  EELLS  [l.  s.] 

ROGER  WOLCOTT  [l.  s.] 

JOHN  COPP  [l.  s.J 

EDMUND  LEWIS  [l.  s.] 

— [Ni  Y.  Col.  MSS.,  lxix,  51;   Commissions,  iii,  259;  Sen.  Doc,  1857, 
No.  165,  p.  145;    Conn.  Private  Laws,  ii,  1527. 


Boundaries  of  the  State  of  New  York.  341 

[Endorsement.]  Report  of  the  Survey  by  the  Commissi  and  Surveyors 
for  the  Colony  of  New  York  &  Connecticut. 
In  Pursuance  of  our  Agreement  dated  at  Greenwich  in  the  Colony  of 
Connecticutt  the  Twenty  ninth  day  of  'Aprill  last  we  the  subscribing 
commissioners  &  surveyors  of  the  province  of  New  York  &  Colony 
of  Connecticutt  have  surveyed  from  Lyon's  point  to  the  great  stone  at 
the  wadeing  place  in  Biram  River,  &  find  that  the  sd  great  stone  bears 
north  Twelve  DegT  &  fourty  five  min :  Easterly  from  the  sd  point  at 
the  distance  of  five  hundred  &  fifty  rods,  we  have  likewise  survey'd 
from  the  sd  rock  to  the  three  white  oak  trees  suppos'd  to  have  been 
mark'd  by  the  commissioners  &  surveyors  in  1684.  &  from  the  a*  trees 
west  &  by  north  to  Hudson's  River,  &  we  find  that  the  sd  trees  are 
two  thousand  two  hundred  ninety  two  rods  from  the  sd  great  stone  on 
a  line  runing  north  twenty  three  degr  &  fourty  five  min:  westerly  ;  & 
that  the  sd  trees  are  Exactly  seven  miles  &  one  hundred  &  twenty  rods 
from  Hudson's  River  &  the  said  west  &  by  north  line;  which  line  came 
to  Hudsons  River  Opposite  to  Cornelius  Cuylers  house  in  Tapan:  &  about 
one  mile  above  Mr  Philip's's  upper  mills,  we  likewewise  plainly  perceiv'd 
on  one  of  the  sd  three  white  oak  trees  The  Letters  :  C  R  &  8  [?]  which 
appear'd  to  us  to  have  been  mark'd  at  some  considerable  distance  of 
time,  from  all  which  &  according  to  the  rules  we  had  lay'd  down  to 
ourselves  we  are  fully  convinc'd  &  Satisfy'd  that  the  sd  trees  are  verily 
the  same  trees  which  were  mark'd  by  the  Commissioner's  &  surveyor's 
in  the  year  1684  &  therefore  we  have  Establish'd  ifc  we  do  hereby 
Establish  the  sd  line  runing  from  the  great  stone  att  the  wadeing  place 
on  Biram  north  twenty  three  deg*  &  fourty  five  min  :  westerly  to  the 
sd  three  white  oak  tree's,  as  the  line  of  partition  so  far  between  the 
province  of  new  york  and  Colony  or  Corporation  of  Connecticutt ;  & 
for  perpetuating  the  memory  of  the  8d  line  &  distinguishing  it  to  the 
Inhabitants  of  ye  sd  province  &  the  sd  corporation,  we  have  Erect'd 
severall  monuments  in  the  said  line  in  the  following  places  viz  .where 
the  sd  line  from  the  great  stone  comes  into  the  highway  or  street  near 
John  Purdy  his  house  we  rais'd  a  heap  of  stones  round  a  Cherry  tree 
standing  in  the  highway  &  cut  the  letter  Y  on  the  West  side  of  the  sd  tree 
&  the  letter  C:  on  the  East  side  thereof,  at  two  miles  from  the  sd  rock 
upon  the  East  side  of  the  sd  highway  close  by  the  fence  &  near  William 
Anderson's  house  we  rais'd  a  heap  of  stones  ;  at  three  miles  from  the 
great  stone  we  rais'd  a  heap  of  stones  in  the  field  belonging  to  William 
Fowler  on  the  west  side  of  the  sd  highway ;  at  four  miles  we  rais'd  a 
heap  of  stones  close  by  the  fence  on  the  west  side  of  the  sd  highway, 
All  the  houses  on  the  west  side  of  the  sd  highway  from  the  sd  heap  of 
stones  at  foUr  miles  from  the  rock  to  the  place  Below  John  Purdy's 
where   the   line   comes   into   the   highway  being  &  remaining  in  the 


342  Copies  of  Documents  Relating  to  the 

province  of  New  york  &  Those  on  the  East  side  of  the  sd  highway 
being  in  the  Colony  of  Connecticutt;  att  five  miles  from  the  sd  great  stone 
we  rais'd  a  heap  of  stones  in  John  Clap's  field  which  heap  of  stones  are 
Thirty  two  rod's  on  a  west  south  west  line  from  the  westermost  Chimney 
of  the  sd  Clap's  house:  att  six  miles  we  mark'd  a  large  stone  in  the 
ground  With  :  X :  and  rais'd  a  heap  of  stones  round  it ;  at  six  miles  & 
a  half  we  rais'd  a  heap  of  stones  near  the  north  side  of  a  Meadow  near 
John  Hutchchin  his  house;  &  at  the  place  where  the  sd  three  white  oak 
trees  stand  we  bury'd  some  burnt  wood  in  the  ground  &  rais'd  a  heap 
of  stones  over  it;  We  likewise  Cut  the  letters  C:  R:  on  a  great  stone 
lying  in  the  ground  there  &  the  letter's  WB:  May  to5.  1725.  On  the  most 
Northerly  of  the  sd  trees:  &  the  Letters  J.  T.  on  the  most  Easterly 
of  the  sd  three  trees,  the  third  tree  on  which  the  letter:  C:  R:  appear  is 
now  dead;  We  further  certifie  that  the  sd  three  white  oak  trees  are 
Eight  miles  &  two  hundred  rod's  distant  from  Lyon's  point;  and 
therefore  we  declare  pursuant  to  our  sd  agreement  that  in  measureing 
the  breadth  of  the  additionall  lands  of  sixty  one  Thousand  four  hundred 
&  fourty  acres  to  be  added  out  of  Connecticutt  along  the  lines  parallal 
to  Hudson  river  there  shall  be  allow'd  an  additionall  measure  at  the 
rate  of  twenty  five  Rod's  to  one  mile  so  that  in  measuring  the  breadgth 
of  the  sd  land's  one  mile  &  twenty  five  Rod's  of  actuall  measure  on  the 
surface  of  the  Earth  in  the  best  manner  the  same  can  be  perform'd  shall 
be  account'd  &  Esteemed  to  be  one  mile  &  not  more  &  so  in  propor- 
tion for  a  longer  or  shorter  length;  Wee  have  likewise  run  a  line  from 
the  sd  three  White  oak  trees  East  north  East  Thirteen  miles  &  sixty 
four  Rods  at  the  end  of  which  we  rais'd  a  heap  of  stones  &  mark'd  a 
Black  oak  tree  about  half  a  rod  to  the  westward  of  the  sd  heap  of  stones, 
with  the  following  figures  &  letters  viz  :  13  M:  64:  R:  &  cutt  a  broad 
notch  into  severall  trees  round  the  sd  heap  of  Stones  on  the  sides  of  the 
trees  towards  the  sd  heap  of  stones ;  We  likewise  rais'd  a  heap  of  stones 
at  the  end  of  every  mile  from  the  sd  three  White  oak  trees  excepting 
the  first  mile  which  ending  in  a  watery  swamp  or  pond  we  rais'd  a  heap 
of  stones  on  the  west  side  of  the  sd  swamp  att  two  hundred  and  Eighty 
rod's  from  the  tree's  &  another  heap  on  the  East  side  at  Three  hundred 
&  sixty  rod's  from  the  trees  &  we  mark'd  the  trees  standing  in  the 
said  line  with  three  notches  on  their  west  &  East  sides,  which  line 
running  East  north  east  Thirteen  miles  &  sixty  four  rod's  &  mark'd  & 
distinguished  as  aforesaid,  we  have  and  do  here  by  Establish  and  fix  as 
the  line  of  partition  so  far  between  the  province  of  New  york  &  Colony 
of  conneeticutt,  &  we  do  likewise  declare  that  the  sd  heap  of  stones  at 
the  End  of  the  sd  East  north  East  line  of  Thirteen  miles  &  sixty  four 
rod's  is  &  shall  be  Esteem'd  Twenty  miles  from  Hudsons  River  Accord- 
ing to  the  survey  made  :  in  the  year:  1684.  &  is  the  place  from  whence 


Boundaries  of  the  State  of  New  York.  343 

the  additionall  land's  of  sixty  one  thousand  four  hundred  &  fourty  aerea 
to  be  taken  out  of  Connecticutt  shall  Commence  on  the  sd  East  north 
East  line  to  be  continued  so  far  as  to  make  up  the  sd  Sixty  one  Thousand 
four  hundred  fourty  acres,  with  the  allowance  of  measure  before  men- 
tioned In  Witness  whereof  we  have  hereunto  set  our  hands  &  seals 
at  Norwalk  in  the  Colony  of  Connecticut  This  twelveth  Day  of  May  in 
the  Eleventh  year  of  the  reign  of  our  sovereign  Lord  George  by  the 
grace  of  God  Great  Brittain  France  &  Ireland  Defender  of  the  Faith 
&c  Annoq  Domini: 1*725 


Samll  Eells  l.  s.  1    s 

Roger  Wolcott  l.  s.  I  |&| 

John  Copp  l.  s.  f  |5§ 

Edmond  Lewis  l.  s.  J     - 

— [iV.  Y  Col.  MSS.,  lxix,  52  ;  Sen.  Doc,  1857,  No.  165,  p.  151 


Fra:  Harrison  l.  s. 

Cadwallaper  Colden  l.  s- 

Suvr  Gl 

Isaac  Hicks  l.  s. 


[In  N.  Y.  Council.] 

May  20,  1725 

His  Excellency  Laid  before  the  Board  the  memorial  of  Francis 
Harison  Esqr  Cadwallader  Colden  Esqr  Surveyor  General  and  Isaac 
Hicks  Esqr  Commissioners  appointed  to  run  and  Ascertain  the  Lines  of 
Partition  and  Division  between  this  province  and  the  Colony  of  Con- 
necticut which  was  read  and  approved  of  by  the  Board  and  is  as  follows 

To  his  Excellency  William  Burnet,  Captain  Generall  and  Governour 
in  Chief  of  the  Provinces  of  New  York  New  Jersey  and  Vice  Admi- 
rall  of  the  Same 

The  Memorial  of  Francis  Harison  Cadwallader  Colden,  Surveyor 
Generall  and  Isaac  Hicks  Commissioners  Appointed  to  run  and  Ascer- 
tain the  lines  of  Partion  between  the  Province  of  New  York  and  the 
Colony  of  Cunnetcut. 

May  it  Please  your  Excellency 

We  think  it  our  Duty  now  we  are  Delivering  up  to  Your  Excel- 
lency the  Articles  agreed  to  by  the  Commissioners  of  Connecticut  and 
us  to  lay  before  your  Excellency  an  Account  of  our  Proceedings  and 
the  Matters  which  Enduced  us  to  agree  to  them  as  they  now  Stand  in 
our  agreement  Signed  and  Sealed  by  us  and  them.  The  Commissioners 
of  Connecticut  first  proposed  that  we  Should  admit  of  the  three  white 
Oak  trees  at  present  Supposed  to  be  the  Same  which  were  Marked  in 
1684  upon  Such  living  Evidence  as  they  Should  produce,  We  refused  to 
admitt  Such  Evidence  because  of  the  Interest  the  Witnesses  had  in  the 
lands  adjoining  and  therefore  We  Insisted  that  the  said  Trees  Ought 
to  be  proved  by  a  New  Survey.     To  this  they  Objected  that  it  is  well 


344  Copies  of  Documents  Relating  to  the 

known  that  the  severall  Instruments  used  in  Surveying  do  often  vary 
one  from  another,  And  therefore  any  Variation  that  may  be  found  at 
this  time  in  Our  Survey  from  what  was  reported  to  be  done  by  the  Sur- 
veyors in  1684  is  not  a  Sufficient  reason  to  Set  a  Side  the  Instruments  of 
that  Survey  as  being  falsified.  We  therefore  Mutually  Agreed  to  Survey 
from  Lyons  Point  to  the  Rock  or  Great  Stone  at  the  wadeing  place 
which  two  places  both  of  us  believed  had  never  been  moved  or  altered 
in  their  Scituation  with  respect  to  Each  Other  and  then  if  we  Should 
find  no  greater  Difference  in  proportion  to  the  Distances  *  *  *  *  Between 
the  Rock  and  Three  trees  then  Should  be  found  between  the  Point  and 
the  Rock  We  agreed  to  Suppose  that  the  Difference  is  Occasioned  By 
the  Instruments  used  then  varying  from  those  used  now.  But  as  the 
End  of  this  Line  from  the  Stone  to  the  Trees  might  Shorten  or  lengthen 
the  Distance  of  the  End  of  the  East  north  East  Line  from  Hudson's 
River  which  According  to  the  former  Survey  We  were  to  Suppose  to  be 
twenty  Miles  from  Hudson's  River.  We  likewise  agreed  to  run  from 
the  trees  to  Hudsons  River  on  the  Same  Course  the  Surveyors  formerly 
did  to  be  assured  that  they  were  of  Such  Distance  from  the  River  as  by 
the  Report  of  the  Surveyors  they  Ought  to  be  After  these  trials  were 
made  we  were  fully  Convinced  that  the  three  white  Oak  trees  were  the 
Same  Trees  which  were  marked  by  the  Commissioners  and  Surveyors  in 
1684,  We  must  further  Inform  Your  Excellency  that  the  Information 
We  had  from  the  Inhabitants  of  New  York  Living  near  that  Line 
removed  all  Manner  of  Doubt  of  the  truth  of  this  for  a  line  of  Old 
marked  trees  from  the  Said  Rock  to  the  three  trees  is  well  known  to 
them  at  this  day  Some  of  which  were  Shown  to  us  by  one  Brondige  of 
Rye  who  was  Present  at  the  Survey  in  1684  and  Says  that  he  has  known 
these  trees  from  that  time  to  the  day  he  Showed  them  Some  of  which 
trees  Stood  in  land  which  did  belong  to  his  father  It  appears  likewise 
by  the  Records  in  the  Secretarys  Office  in  the  year  1686  that  Phillip 
Wells  then  Surveyor  General  of  this  Province  who  performed  the  said 
Survey  in  1684  observed  the  Variation  of  the  Magnetick  Needle  to  be  8 
Degrees  and  45  Minutes  westerly  from  the  North  Pole.  The  Variation 
of  the  Needle  was  last  Summer  Observed  at  New  York  to  be  7  Degrees 
20  Minutes  Westerly  Which  Difference  in  the  Variation  at  this  time  and 
1684  very  Nearly  agrees  with  the  Difference  we  found  between  the 
former  Survey  and  Ours.  For  all  which  reason  we  thought  our  Selves 
in  Conscience  Obliged  to  Confirm  the  said  trees  now  Supposed  to  be 
the  Same  which  were  marked  in  1684.  It  has  been  usual  for  Surveyors 
to  make  Discretional  Allowances  for  the  Obstructions  which  they  Meet 
with  in  Measuring  lands  Covered  with  Timber  and  underwood  or  brush 
and  for  that  reason  We  Agreed  that  whatever  allowances  we  Should 
find  to  have  been  made  by  Measuring  the  Distance  of  the  Said  three 


Boundaries  of  the  State  of  New  York.  345 

trees  from  the  Sound  the  Same  Allowance  Should  be  made  in  measuring 
the  Breadth  of  the  Equivalent  Lands  to  be  given  out  of  Cunecticut  in 
Order  to  give  us  the  Just  Quantity  of  Laud  Agreed  to  be  Given  by  the 
Agreement  between  the  two  Colonys  in  1683  But  as  the  Allowance 
made  then  was  Discretional  in  the  Surveyors  and  might  be  owing  like- 
wise to  the  Carelessness  of  the  Chain  bearers  we  did  not  think  it  Safe 
for  Either  Governments  to  make  that  allowance  the  general  Rule 
throughout  before  we  knew  what  that  allowance  was  and  therefore  we 
agreed  on  the  Allowance  of  twelve  Rods  to  Every  mile  as  an  Equitable 
Allowance  Every  where  for  what  the  Chain  might  loose  by  the  brush 
or  underwood  or  timber  in  the  way. 

After  we  had  Spent  Some  time  with  them  we  found  that  the  Chief 
Matter  they  had  at  heart  was  Securing  the  Property  of  the  Lands  which 
Some  people  of  the  Town  of  Ridgefield  had  Emproved  &  which  they 
apprehended  might  fall  into  the  Province  of  New  York  We  foresaw 
Difficulties  we  Should  be  under  in  runing  the  Parallel  line  to  Hudsons 
River  Exparte  by  reason  of  the  Doubtfull  and  uncertain  words  by 
which  the  Same  was  Exprest  in  the  first  agreement  That  is  whether  a 
parallel  line  to  the  General  Course  of  Hudsons  River  was  intended  or  a 
line  Similar  to  the  River  as  it  Runs.  If  we  Should  run  the  Parallel  we 
believe  it  would  be  Subject  to  a  long  Dispute  between  the  two  Colonys 
&  prevent  the  Settling  of  the  Country  on  both  sides  which  we  thought 
of  more  Consequence  than  the  gaining  or  loosing  of  2  or  3000  acres  of 
Land  The  runing  a  Similar  line  appeared  to  us  Impracticable  or  at  lest 
that  it  would  be  attended  with  more  Charge  than  ten  times  the  value 
of  what  Could  be  gained  by  any  Advantages  to  be  had  by  our  runing 
Exparte  tho  we  Should  take  all  the  Advantages  that  the  most  favourable 
Interpretation  might  give  us. 

We  therefore  thought  it  most  prudent  to  Yield  or  Seem  to  Yield  at 
least  some  things  in  favour  of  those  people  who  had  Spent  their  Sub- 
stance &  their  labour  of  the  best  part  of  their  life  in  Emproving  those 
lands  in  hopes  to  Obtain  their  Commissioners  Consent  more  favourably 
and  Equitably  in  the  Other  parts  where  then-  Settlements  were  not 
Concerned. 

We  were  the  More  willing  to  Conisder  those  people  because  they 
Showed  no  Aversion  to  Come  under  the  Government  of  New  York  or  to 
have  their  lands  Subjected  to  his  Majestys  Quit  rent  but  Seemed  only 
affrayed  of  being  made  Tenants  to  Some  of  the  Inhabitants  of  New  York 
who  now  Claim  those  lands  by  Virtue  of  Some  old  Grants  or  to  be  under  a 
Necessity  of  buying  their  Own  Emprovements  as  they  Apprehended  at  a 
Dear  Rate.  For  those  reasons  we  agreed  to  an  Intrepretatiou  of  the  agree- 
ment which  Was  favourable  to  these  people  by  measuring  the  twenty 
Miles  from  Hudsons  River  without  any  allowance  so  far  as  they  are  Con- 


346  Copies  of  Documents  Relating  to  the 

sernded.     We  thought  that  we  might  the  more  readily  agree  to  this 
because,  We  Doubted  whether  in  law  they  Could  be  oblidged  to  make 
allowances      Seeing  they  Agreed  that  we  Should  measure  these  lines  in 
the  best  Manner  We  could.    The  Yielding  these  Small  things  as  a  favour 
to  their  Setlers  made  them  more  willingly  agree  in  Other  things  which 
has  given  this  Province  Twenty  times  the  Quantity  of  Land  which  may 
be  Supposed  to  be  lost  by  the  street  Measure  in  this  part.     We  Con- 
sidered the  Good  of  our  province  in  General  &  in  soe  doing  it  was 
Impossible  for  us  to  have  the  Same  Regard  to  the  Interest  of  Every 
particular  Person  in  it,     We  Considered  the  great  advantages  our  Pro- 
vince would  have  by  an  Amiable  Agreement  for  thereby  the  People 
of  both  Colonies  Would  be  Encouraged  to  settle  &  Emprove  the  lands 
on   the   borders  whereas  if   Disputes  remained  both  Sides  would  be 
affrayd  &  the  lands  would  remain  uncultivated  by  which  we  think  our 
Province  would  Suffer  Most  for  the  people  of  Cunecticut  who  live  neare 
these  lines  bring  their  produce  to  the  Market  of  New  York  &  their 
Supply  themselves  with  all  the  Necessarys  they  want  so  that  by  Setling 
and  Emproving  the  borders  the  benefit  to  the  Trade  of  this  place  will 
be  nearly  Equally  augmented  whether  it  be  by  the  people  of  New  York 
or  those  of  Cunecticut  the  lands  adjoining  by  the  Increase  of  people 
will  become  more  Valuable  &  both  Provinces  better  Secured  against 
the  Attacks  of  any  Enemie     But  if  Disputes  Should  remain  the  lands 
on  the  borders  might  for  a  long  time  remain  useless  to  both  Colonys 
besides  many  Other  Inconveniencies  which  a  Diffidence  between  two 
Neighbouring    Governing   might   in    time    Create.     We    humbly  hope 
that  these  reasons  will  be  Satisfaction  &  our  proceedings  Approved  of 
by  your  Excellency,     We  Promised  to  the  Commissions  of  Cunecticut 
&  to  Several  of  the  Inhabitants  on  their  Borders  that  we  would  repre- 
sent to  your  Excellency  the  hardships  and  Difficulties  Several  poor 
Families  Settled  their  might  be  laid  under  if  they  Should  loose  the  lands 
which  they  had  Emproved  with  Great  Expence  &  the  labour  of  the  best 
part  of  their  lives  we  therefore  humbly  pray  in  their  behalf  that  your 
Excellency  may  have  favourable  thoughts  towards  Such  people  who 
have  allready  fallen  within  the  lines  of  this  Province  or  may  when  the 
remaining  part  Shall  be  run     For  we  are  well  Satisfyed  that  those  who 
have  allready  fallen  into  this  Government  did  Settle  on  the  Faith  of  the 
Old  lines  without  any  Design  to  Encroach  on  the  lands  of  this  Province 
and  we  believe  that  if  any  Shall  fall  into  our  Government  where  no 
lines  ever  were  Settled  it  probably  may  be  Occasioned  by  their  Igno- 
rance of  the  Scituation  of  Such  Lands. 

FRA  HARISON 
New  York  May  19th  CADWADLADER  COLDEN 

1?25  ISAAC  HICKS 


Boundaries  of  the  State  of  New  York.  347 

His  Excellency  at  the  Same  time  laid  before  the  Board  Articles  of 
agreement  made  and  Concluded  at  Greenwich  in  the  Colony  of  Con- 
necticut the  29th  day  of  April  Last  between  the  Commissioners  and 
Surveyor  of  this  province  and  the  Commissioners  and  Surveyor  of 
Connecticut  appointed  for  runing  the  Lines  aforesaid  as  likewise  the 
Report  of  the  Survey  dated  the  12th  Instant  which  were  read  and 
approved  of  and  ordered  to  be  Entred  on  Record  in  the  Secretarys 
Office  of  this  province. — 

Then  Doctor  Colden  observed  to  his  Excellency  that  he  Conceived  it 
would  be  Requisite  that  the  following  papers  be  likewise  Entred  on 
Record  in  the  said  Office  viz* ' 

l9t  An  Act  of  the  Assembly  of  Connecticut  of  October  the  8*?  1724. 

2d.  Instructions  to  the  Commissioners  of  Connecticut 

3d  An  Act  of  Assembly  of  Connecticut  May  144?  1719. 

4th  The  Gevernour  and  Councils  Commission  to  Cap*  Wakeman  and 
Doctor  Copp  March  the  20th  1724. 

Which  was  agreed  to  by  the  Board  and  ordered  accordingly. 
His  Excellency  mentioning  to  Mr  Harison  and  Doctor  Colden  that  he 
had  Something  to  propose  to  the   Board  Concerning  them,  They  with- 
drew.— 

Then  his  Excellency  observed  to  the  Board  that  Those  Gentlemen 
with  the  others  appointed  in  behalf  of  this  province  for  runing  the  said 
Lines  having  gone  a  greater  Length  in  that  Work  than  Could  have  been 
Expected  considering  the  difficultys  they  have  met  with  and  as  the 
Same  is  a  great  Step  towards  the  Compleating  that  affair  it  was  his 
Excellencys  Opinion  that  they  deserved  the  thanks  of  this  Board,  to 
which  the  Board  unanimously  agreed  and  desired  his  Excellency  to 
thank  them  accordingly. — 

Whereupon  Mr  Harison  and  Doctor  Colden  were  called  in  — 

Then  his  Excellency  gave  them  the  thanks  of  the  Board  for  their 
prudent  proceeding  upon  the  Said  Survey 

*  *  *  * 

—[JV.    Y.    Council  Minutes   (MS.),   xiv,   446;     Col.    MSS.,   lxix,   58 
(Memorial  of  Comm'rs);  Sen.  Doc,  1857,  No.  165,  p.  154  (do). 

1  See  Commissions,  hi,  259-272. — [P. 


348 


Copies  of  Documents  Relating  to  the 


[Colony  op  New  York.] 
An  Account  of  the  Expenses  of  the  Commissioners  &  others  employed 
in  running  &  settling  the  lines  of  Partition  &  Division  between  the 
Province  of  New  York  &  Colony  of  Connecticut 
1725 

April  16      5  cheeses  weighing  40  lb  at  4d £- 

6  Gammons  weighing  86  lb  at  5d l 

12  small  ps  of  smoak  Beef  w  42  lb  at  4d 

16£  Gall8  of  Rum  at  2s7d 2 

To  the  Sadler  for  straps  to  the  Baggage  Bell- 
strap  &  horse  hoples 

Horse  Bell 

6  Fathom  of  Roap 

Ginger  Bread 

6  ps  of  smoak  beef  weighing  20  lb 

A  Box  for  the  Instruments 

4  Towels  qt  4  yds  white  ozenbrigs 

6  lb  Chocolate  at  2s 

5§  yds  of  Brown  Ozenbrigs  for  Bags 

13  lb  of  loaf  Sugar 1 

1  Kettle  weighing  10  lb  6  oz  at  2sl0 1 

7£  yds  of  Ozenbrigs  for  Bags 

2  Skains  of  thred 

1  [lb]  of  Cinnamon  &  1  oz  of  Nutmegs 

2  oz  Pepper  &  1  lb  of  Castile  soap 

3  Pewter  Potts 

1  frying  pan  &  6  pewter  spoons 

6  Trenchers  &  2  Bowls 

1  ladle  &  1  paper  of  Ink  powder 

1  Bushel  of  Pease 

5  Caggs 

l£  Gall8  Limejuice 

1  lb  of  Coffee 

6£  Gall8  of  Rum  Brandy  at  8s6 2 

Paper  &  sealing  Wax 

3  Knives 

Axe  &  helve . . 

3  \  hundred  of  limes 

8  Botles 

Qr  Hundred  Muscovado  Sugar ;10  :    6 

Powder  &  Shott ;   8  :    1 

2  Journal  Books ;    6  :    6 

2  half  Rods 


13 
15 
14 


12 


o 

15 

3 

3 

8 

10 

2 

10 


Francis  Harison  24  days £24  :  . .    : 

Of  which  Receiv'd 10  :  . .    : 


Boundaries  of  the  State  of  Nkw  York.  349 

16     Biscuit  1°  2  qrs  20  lb  at  14s6  &  Cask £1  '.  9  :    8£ 

£  yds  of  Ozenbrigs  for  small  bags '.  . .    !    6| 

Tobacco  &  Pipes '.  8  !    6 

Giv'n  the  men  for  their  Expences  to  Rye '.  6  :.. 

Hooks  &  lines •  2   '■    9 

Thread  &  Needles :  1   '.    H 

20  Expences  at  Kings  bridge '.  8  :  . . 

at  New  Rochel '.    5   :    6 

21  at  Fowlers . .    ...    13   '.    1   :  . . 

30  at  Widow  Anderson's 5   :ll   :    6 

Paid  Boatmen  for  gents  &  Baggage :  19  :    6 

Expenses  at  Lyons 1   '.    2   :    6 

3d    Paid  Jacob  Phinney  to  Carry  him  home :    6   ;  . . 

4     Paid  for  Cider :    4  \    6 

for  a  guide  in  the  woods '.   4  :  . . 

7     Expences  at  John  Claps 3  : 1 2  :  . . 

10  at  Bedford 1    !    6  :    8 

13  at  Norwalk 1   '.    0   \    8 

at  Rye '.    3   :  . . 

14  at  Fowlers '.  17  :.• 

at  New  Rochel '.   6  :  . . 

at  Kings  bridge I    7   '.    6 

Giv'n  the  men  to  carry  them  home :  10  :  . . 

Partridge  &  other  small  things I    9  :    6 

a  Hatchet  omitted '.    3  ,    6 

Three  men  chain  bearers  &  Marker 9  :  . .  :  . . 

1  Baggage  man  1 8  days  at  3s 2   : 1 4  :  . . 

1  serv' , 2  :  10  :  . . 

5  horses  24  days  at  3s  each 18  I  . .  :  . . 

1     D°     at  2s6 3   :  . .  :  . . 


88  :i7  : 

of  which  Receiv'd 60  :  . .    \ 


Remains  due  to  us 28  : 1 7  :  . . 

Coll  Hicks  Ferrige  &  Paid  for  Copying  our  Report  to  his 

Ex' :i2:  .. 


29  :  9  :.. 


Remains  Due  to  him 14  '. . .   I  •  • 


•  •  • 


350  Copies  of  Documents  Relating  to  the 

Cadwallader  Colden  24  days £42  : . .    :  . . 

Of  which  receiv'd 20  :  . .    :  . . 

Remains  Due  to  him £22 

Isaac  Hicks  25  days £25 ;    . .    ; , . 

of  which  paid 10 :    . .   ;  . . 

Remains  due  to  him 15- 

Robert  Crooke  24  days £18  :  . .    :  . . 

[Of  w]hich  pa[id]   5   ;  . .    ;  . 

Remains  Due  to  him 13  ;  ,  #    •  ^ 

FRA:  HARISON 
CADWALLADER  COLDEN 
ISAAC  HICKS 

At  a  Committee  of  the  Council  held  at  the  Council  Chamber  in  New 
York  May  the  20th  1725     Present 
Cap1  Walter         ^ 

Mf  Van  Dam         I  Mf  Abrah'  Vanhorn ) 

M^Barberie         J  MfWfProvoost      f 

May  it  Please  yor  Excellency 

In  Obedience  to  your  Excellency's  order  in  Council  of  this  day  refer- 
ring to  us  the  Within  Account  of  the  Commissioners  and  others  Em- 
ployed in  runing  the  Lines  of  Partition  and  Division  between  this  Prov- 
ince and  Connecticut,  We  humbly  Report  that  We  have  Examined  the 
same  and  are  of  Opinion  that  your  Excellency  may  Issue  your  War- 
rants for  payment  of  the  Same  out  of  the  Moneys  appropriated  for  that 
purpose  which  is  submitted  [to]  your  Excellency  by. 
Your  Excellency's 

Most  Obedient  humble 
Servants. 
By  order  of  the  Committee 
RIP  VAN  DAM 
—[N.  T.  Col  MS&,  lxix,  54;  Sen.  Doe.  1857,  No.  165;  p.  157. 


[In  Conn.  Gen.  Assembly.] 

May,  1726. 
*  *  *  * 

This  Assembly,  being  sensible  that  the  want  of  running  the  dividing 
line  between  the  Colony  of  New  York  and  this  Colony  is  a  great  hin- 
drance to  the  settling  the  north-west  part  of  this  Colony,  and  if  longer 


Boundaries  of  the  State  of  New  York.  35] 

delayed  may  occasion  much  contention,  do  therefore  desire  his  Honour 

the  Governour  to  press  his  Excellency  Governour  Burnett,  to  joyn  with 

him  in  sending  forth  the  Commissioners  to  perfect  the  running  said 

dividing  line  according  to  the  late  agreement  of  the  commissioners,  and 

that  the  same  be  done  as  soon  as  may  be. 

*  *  *  * 

—[Conn.  Pub.  Rec,  1726-1735,  p,  45. 


September   1730. 


* 


The  reputed  and  known  botindaries  are:  the  Massachusetts  on  the 
north,  Rhode  Island  Colony  on  the  east,  Long  Island  Sound  on  the 
south,  and  New  York  Province  on  the  west.  No  points  thereof  are  dis- 
puted, but  all  settled  and  ascertained,  excepting  some  part  of  the  dividing 
line  betwixt  this  Colony  and  New  York,  which  they  unjustly  refuse  to 
finish  with  us,  notwithstanding  firm  and  clear  agreements  by  commis- 
sioners, under  hand  and  seal,  have  been  made,  since  they  obtained  the 
confirmation  of  their  ex  parte  act,  by  the  late  King  George  in  Council, 

in  case  of  our  non- agreement.1 

*  *  *  * 

— [Conn.  Pub.  Rec,  1726-1735,  p.  582. 


[In  N.  Y.  Council.] 


September  3,  1730. 


The  Petition  of  Thomas  Henley  Nathan  S'  John  Samuel  Smith 
Benjamin  Benedict  Richard  Olmsted  Thomas  Smith  Ebenezar  Smith 
Daniel  Sherwood  Benjamin  Burt  Thomas  Hyatt  Benjamin  Willson 
Joseph  Lee  Joseph  Keiler  James  Benedict  Richard  Osburn  Samuel 
Smith  Daniel  Olmsted  Timothy  Keiler  Jonah  Keiler  Matthew  Seymour 
Joseph  Northrup  James  Brown  Adam  Jurland  John  Thomas  and 
Benjamin  Birdsell  in  behalf  of  themselves  &  A  Great  Number  of 
people  their  Associates  as  well  Inhabitants  of  the  Town  of  Ridgfeild 
as  of  the  Eastern  parts  of  this  province  Setting  forth  that  they  the 
Inhabitants  of  Ridgefeild  have  for  A  long  time  been  settled  upon 
certain  Lands  near  the  Eastern  parts  of  this  province  by  patent  from 
the  Colony  of  Connecticut  that  contrary  to  their  Expectation  A  Great 
part  of  the  Lands  So  patented  being  Supposed  to  have  Layn  within  the 
Colony  of  Connecticutt  Now  are  thought  to  be  within  that  part  of  the 

province  of  New  York  Commonly  called  the  Equivalent  Lands 

that  they  and   their  Ancestors  have  many  of  them  spent  their 

1  The  words  in  italics  are  struck  out  in  the  original  draught. 


352  Copies  of  Documents  Relating  to  the 

whole  Substance  And  great  part  of  their  Lives  in  Clearing  tilling  And 
improving  with  hard  Labour  the  aforesaid  Lands  And  that  the  pet? 
Inhabitants  of  Ridgefeild  in  the  Late  Agreement  between  the  Commis- 
sioners of  both  Colonys  are  taken  notice  of  as  persons  under  very 
particular  Circumstances  of  Hardship.  And  are  thought  deserving  of 
his  Majestys  royal  Favour  in  Granting  to  them  the  said  improved 
Lands  in  Such  manner  as  Lands  are  usually  granted  within  the  province 

of  New  York Otherwise  they  are  utterly  ruined  and  undone 

And  that  they  are  Willing  to  defray  the  Expence  of  Ascertaining  the 
Lines  of  partition  &  division  between  this  province  and  the  Colony  of 
Connecticut  therefore  pray  his  Excellency  in  tender  Consideration  of 
the  premises  &  Circumstances  of  many  of  the  pet"  To  Grant  his 
Majestys  Letters  Patents  to  the  Petioners  for  fifty  thousand  Acres  of 
the  Equivalent  Lands  out  of  the  bounds  of  Connecticut  or  So  much  of 
them  in  fee  as  Shall  be  found  convenient  for  them  in  such  manner  & 
Such  terms  As  have  been  Accustomed  And  that  A  Warrant  may  Issue 
to  his  Majestys  Surveyor  General  to  Survey  And  Lay  out  the  Same 
According  to  the  Agreement  of  the  Commissioners  of  both  Colonys. 
the  twenty  ninth  of  Aprill  in  the  Eleventh  Year  of  his  Late  Majestys 
reign  And  Confirmed  by  the  Governour  and  Council  of  this  province 
was  read  &  referred  to  the  Consideration  of  the  Gentlemen  of  this 
board  or  Any  five  of  them. 

His  Excellency  withdrawing  the  Gentlemen  of  the  Board  resolved 
into  A  Committee 

His  Excellency  returning  to  the  Council  Chamber  took  his  place. 
Then  Mr  Van  Dam  in  his  place  reported  from  the  Committee  to  whom 
the  foregoing  petition  was  Referred  That  they  had  duly  weighed  And 
considered  of  the  Same  And  are  of  Opinion  that  his  Excellency  may 
Grant  his  Majestys  Letters  patents  for  the  Lands  petitioned  for  by  the 
Said  petitioners 

Then  his  Excellency  put  the  Question  whither  the  Board  Agreed  to 
the  Said  Report  And  the  Same  was  agreed  to  &  confirmed 

Then  his  Excellency  asked  the  Gentlemen  of  the  Board  whither  they 
would  advise  him  to  Grant  his  Majestys  Letters  patents  to  the  pet"  & 
their  Associates  pursuant  thereto 

Whereupon  the  board  did  advise  his  Excellency  to  grant  his  Majestys 
Letters  patents  to  the  pet"  Accordingly. 

The  Board  desired  his  Excellency  to  write  to  the  Governour  of  Con- 
necticut Acquainting  him  with  the  Intentions  of  this  Government  to  run 
the  Lines  of  partition  &  division  between  that  Colony  And  this  prov- 
ince And  that  he  will  be  pleased  to  Appoint  Commissioners  And  A  Sur- 
veyor to  Act  in  conjunction  with  those  of  this  province  the  29th  of  this 
Instant  at  Horse  Neck  In  order  thereto. 


Boundaries  of  the  State  of  New  York.  353 

Then  his  Excellency  was  pleased  with  the  Advice  of  the  Board  to 
Appoint  Cadwallader  Colden  Gilbert  Willett  And  Vincent  Matthews 
Esqr*  or  any  two  or  more  of  them  to  be  Commissioners  in  Conjunction 
with  the  Surveyor  General  of  this  province  or  his  Deputy  Approved  of 
by  this  board  to  Ascertain  the  Lines  of  partition  &  Division  between 
this  province  And  the  Colony  of  Connecticut  pursuant  to  the  Act 
passed  in  the  fifth  Year  of  the  reign  of  his  Late  Majesty  for  that 
purpose 

Doctor  Colden  Surveyor  Generall  with  the  Approbation  of  the  Board 
was   pleased   to  Name  Jacobus   Bruyes   Junr  his   Deputy  upon  that 
Occasion 
— [If.  Y.  Council  Minutes  (MS.),  xvi,  37. 


[In  Conn.  Gen.  Assembly.] 

Att  a  Generall  Assembly  Holden  att  New  haven  in  his  Majesties 
Colony  of  Connecticutt  in  NewEngland  on  the  8*?  Day  of  October  in 
the  fourth  Year  of  the  Reign  of  our  Sovereign  Lord  George  the  211  of 
Great  Britain  &c  King  Annoq  Dom  1730  An  Act  for  the  Confirmation 
of  y'  Agreement  Made  Att  Greenwich  in  ye  Colony  of  Connecticutt  on 
ye  29<*  0f  Apriel  Anno  Dom  1725  by  &  between  the  Commissioners  of 
the  Province  of  New  York  and  Colony  of  Connecticutt  for  Returning 
and  Ascertaining  the  Partition  Lines  between  the  s*  Province  and  Colony, 
as  also  in  Confirmation  of  the  Survey  in  part  made  pursuant  thereunto 
as  Appears  by  their  Report  under  their  hands  and  Seals  Dated  att  Nor- 
walk  in  the  Colony  of  Connecticut  on  the  12*  Day  of  May  in  the  11* 
Year  of  ye  Reign  of  ye  late  King  George  Annoq  Dom  1725  as  also  in 
Approbation  of  the  present  Meeting  of  the  Comissioners  and  for 
Authorizing  Commissioners  to  proceed  and  perfect  and  fully  Ascertain 
the  Partition  Line  Aforesd  According  to  sa  Agreement 

Whereas  an  Agreement  was  Made  on  the  28th  of  November  Anno 
Dom  1683  Att  Fort  James  in  New  York  between  ye  Right  Honourable 
Thomas  Dungan  Governour  under  his  then  Royal  Highness  James  Duke 
of  York  &ca  of  New  York  and  his  Council  And  Robert  Treat  Esq' 
Governour  of  Connecticutt  and  Others  in  Commission  with  him,  for  the 
settling  and  fixing  the  Boundaries  and  Partition  Line  between  y*  Prov- 
ince of  New  York  and  Colony  of  Connecticut,  And  Whereas  a  Survey 
thereof  was  Begun  in  1684  and  the  Partition  line  in  part  Ascertained. 
And  whereas  the  sd  Agrement  and  Survey  were  Approved  and  Confirmed 
by  the  Late  King  William  in  Council,  And  Whereas  an  Act  of  the 
Governour  Council  and  Assembly  of  New  York  was  Passed  in  the 
Month  of  June  in  ye  fifth  Year  of  ye  Reign  of  King  George  the  first 
Entituled  An  Act  for  the  Runing  and  Ascertaining  the  Lines  of  Partition 
23 


354  Copies  of  Documents  Relating  to  the 

and  Division  betwixt  the  Colonies  of  New  York  and  Connecticutt,  And 
Whereas  King  George  aforsd  was  pleased  to  give  the  Royall  Assent  to 
the  sd  Act  And  Whereas  A  Commission  in  pursuance  of  sd  Act  Bear- 
ing Date  the  third  Day  of  Apriel  1725  was  given  to  Diverse  Gentlemen 
on  y*  part  of  New  York  And  Whereas  by  An  Act  of  ye  Governour 
Councell  and  Representatives  in  Generall  Court  Assembled  Att  New 
haven  on  ye  8th  Day  of  October  Anno  Dom  1724  Diverse  Gentlemen  on 
the  part  of  this  Colony  were  fully  Authorized  and  Impowered  to  Agree 
fix  and  ascertain  the  Partition  Lines  afor  sd — By  Virtue  of  which  Commis- 
sions and  Authorities.  An  Agreement  was  Entered  into  between  the  sd 
Colonies  Concerning  the  sd  Lines,  And  part  thereof  was  Actually  Runn 
and  Ascertained  by  proper  Monuments  as  by  the  sd  Agreement  and 
Report  of  ye  Commissioners  and  Surveyours  Appointed  by  ye  sd  Acts 
and  Commissioners  May  Appear 

And  Whereas  the  Sd  Agreement  and  Survey  in  1 725  hath  been  Approved 
of  by  the  Late  Governour  of  New  York  William  Burnett  Esq1-  and 
Councel 

Be  it  Enacted  and  Ordained  by  the  Governour  Councel  and  Repre- 
sentatives in  Generall  Court  Assembled  and  by  the  Authority  of  ye 
same.  That  ye  s-d  Agreement  and  Survey  Afore  sd  in  1725  Recorded  in 
the  Records  of  this  Colony  and  filed  in  the  Secretarys  Office  be 
Approved  of  And  they  are  hereby  Approved  of  Ratify  ed  &  Confirmed 
in  all  the  parts  thereof  And  it  is  hereby  Declared  that  so  farr  as  the 
sd  Commissioners  and  Surveyour  have  Runn  And  Ascertained  the  Lines 
as  by  their  sd  Report  Appears  Shall  be  and  Remain  the  Partition 
Lines  Between  this  Colony  and  the  Colony  of  New  York  for- 
ever      

And  Further  whereas  the  sd  Commissioners  at  their  Meeting  at  Green- 
wich in  1725  Did  Agree  that  in  Case  they  Could  not  go  through  with 
their  Work  at  that  time  that  they  would  thereafter  Meet  &  proceed 
there  on  at  any  time  when  ye  Governour  of  New  York  and  the  Gover- 
nour of  Connecticutt  Should  Agree. — 

And  Whereas  the  Governour  of  New  York  Did  propose  to  his  Honr 
the  Governour  of  Connecticut  that  the  Commissioners  should  Meet  for 
that  End  on  the  29th  of  September  Last,  And  Did  Accordingly  Meet  at 
Greenwich,  their  sd  Meeting  is  by  the  Authority  Aforesd  Approved 
of 

And  Whereas  the  Runing  &  Ascertaining  the  Remaining  part  of  ye 
Partition  Lines  Aforesd  may  not  Require  the  Attendance  of  so  many 
Commissioners  as  were  before  Appointed — 

This  Assembly  Do  hereby  Order  &  Appoint  That  Samuel  Eells, 
Roger  Wolcott  and  Edmond  Lewis  Esq"  or  any  two  of  them  Whereof 
Edmond  Lewis  Esqr  to  be  one  shall  have  full  Power  and  Authority  in 


Boundaries  of  the  State  of  New  York.  355 

Conjunction  with  the  Commissioners  of  New  York  to  proceed  in  Run- 
ing  the  Remaining  Lines  agreed  Upon  as  aforesd  and  to  Ascertain  the 
same  by  proper  Meet  Monnuraents  and  Boundaries  in  the  Partition  Lines 
and  Every  of  them  According  to  the  aforesd  Agreement  in  1725  and 
Make  Report  thereof  to  this  Assembly,  which  Lines  when  Runn  and  the 
places  Distinguished  through  which  they  should  pass  According  to  the 
Afore  sd  Agreement  in  1725  shall  be  and  Remain  the  Lines  of  Partition  & 
Division  Betwixt  the  Province  of  New  York  and  this  Colony  forever  — 
And  it  is  further  Provided  that  in  Case  Either  Edmond  Lewis  Esq' 
Should  not  be  Able  to  go  through  with  the  Work  Aforesd  as  Surveyour 
and  Commissioner  or  the  other  Commissioners  shall  fail  so  that  there 
Cannot  be  one  of  the  Gentlemen  in  Commission  with  him  to  attend  the 
Service  Then  it  shall  be  in  the  Power  of  ye  Governour  for  y°  time  being 
with  the  Advice  of  his  Councel  to  Appoint  and  Commissionate  Other 
Sutable  Person  or  persons  in  their  or  his  Room  and  Stead  to  Perform 
the  Service  afore  sd 

A  True  Copy  of  Record 

Examd  pr  GEO  WYLLYS.  Secretary  Pro  Tern. 

— [N.  Y.  Col.  MSS.,  lxix,  55;  Sen.  Doc,  1857,  No.  165,  p.  163;   Conn. 
Pub.  Bee,  1726-1735,  p.  294. 


[Agreement.] 

This  Indenture  made  the  ffourteenth  Day  of  May  in  the  ffourth 
Year  of  the  Reigne  of  our  Sovereigne  Lord  George  the  Second  by  the 
Grace  of  God  of  great  Brittaine  ffrance  and  Ireland  King  Defender  of 
the  ffaith  &c  And  in  the  Year  of  our  Lord  one  t[housand  sejven  hundred 
and  thirty  one  Between  Cadwallader  Colden  Esq!  Surveyor  Generall 
of  the  Province  of  New  York,  Gilbert  Willet  Esq?  and  Vincent  Mathews 
Esq!.  Commissioners  Authorized  and  appointed  by  his  Majesty  Commis- 
sion under  his  Great  Seal  of  the  Province  of  New  York  or  any  two  or  more 
of  them  in  Conjunction  with  the  said  Surveyer  Generall  or  his  Deputy 
to  run  out  mark  Distinguish  and  Ascertaine  the  Lines  of  Division  and 
Partition  between  the  Province  of  New- York  and  Colony  of  Connecti- 
cut, as  by  the  said  Commission  bearing  Date  at  New  York  the  third 
Day  of  September  in  the  ffourth  Year  of  his  Majestys  Reigne  may  more 
fully  and  at  large  appear  And  Mr  Jacobus  Bruyn  Jun?  Deputy  Surveyer 
approved  of  by  the  Governour  and  Councill  of  New  York,  of  the  One 
part;  And  Samuel  Eells,  Roger  Wolcott  and  Edmond  Lewis  Esq™  Com- 
missioners or  any  two  of  them  whereof  Edmond  Lewis  to  be  one, 
Appointed  and  Authorized  by  an  Act  of  the  Generall  [Ass]embly  of  the 
Colony  of  Connecticut  bearing  Date  at  New  haven  the  Eighth  Day  of 
[October  in  the  fourth  year]  of  the  Reigne  of  [our  'Sovre^gne  Lor[d 


356  Copies  of  Documents  Relating  to  the 

George]  the  Second,  to  Run  and  Ascertaine  the  Lines  of  Division  and 
Partition  aforesaid  in  Conjunction  with  the  Commissioners  of  New  York 
as  by  the  said  Act  may  more  fully  and  at  Large  appear  of  the  other  part, 
Witnbsskth  That  the  said  Commissioners  of  the  Province  of  New  York 
and  Colony  of  Connecticut  in  pursuance  of  the  agreement  made  in  the 
Year  of  our  Lord  One  thousand  Seven  hundred  and  Twenty  ffive  and 
approved  of  by  the  Governour  and  Council  of  New  York,  and  by  the 
General  Assembly  of  Connecticut  have  Run  marked  Distinguished 
and  Ascertained  the  Lines  of  Division  and  partition  which  were  not 
Distinguished  by  the  Commissioners  in  the  Year  one  thousand  Seven 
hundred  and  Twenty  ffive  and  Remained  to  be  Done  pursuant  to  the  said 
Agreement,  in  the  manner  and  fforme  hereafter  Expressed,  That  is  to  say, 
The  said  Commissioners  of  New  York  and  Connecticut  went  to  a  Cer- 
taine  point  of  Land  on  the  East  side  of  Hudsons  River  Commonly 
known  by  the  name  of  Courtlandts  point  nearly  opposite  to  Stony 
point  or  the  begining  of  the  highlands,  and  from  the  most  westerly  part 
of  the  said  point  Run  an  East  line  According  to  the  Compass,  Twenty 
Miles  in  length  Strict  Measure,  and  at  the  End  of  the  said  East  line  Set 
up  a  Stake  and  Raised  a  heap  of  stones  Round  it  as  a  Monument  of  the 
place  where  the  said  line  Ends; 

Then  the  Commissioners  aforesaid  Run  a  Line  from  the  Monument 
Erected  by  the  Commissioners  in  the  Year  one  thousand  Seven  hundred 
and  Twenty  ffive  at  the  End  of  the  East  North  East  line  of  Thirteen 
Miles  and  Sixty  ffour  Rod,  to  the  Monument  at  the  End  of  the  East 
line  from  Courtlandts  point  aforesaid,  which  Line  runs  nearly  North 
twenty  ffour  Degrees  and  thirty  Minutes  West  by  the  Compass  and 
marked  and  Distinguished  the  same  by  Erecting  of  a  Stake,  and  Rais- 
ing a  heap  of  stones  round  the  Stake,  at  the  End  of  the  Second,  ffourth, 
and  Sixth  Miles  Strict  Measure  from  the  Monument  or  heap  of  Stones 
at  the  End  of  the  East  North  East  line  aforesaid. 

Then  the  Commissioners  aforesaid  Run  a  Randum  Line  from  the 
Monument  or  heap  of  stones  at  the  End  of  the  East  Line  from  Court- 
landts point  pursuant  to  the  said  Agreement  [in  thje  Year  one  thousand 
Seven  hundred  and  twenty  ffive  untill  it  Intersected  the  Line  between 
the  Colony  of  the  Masathusets  Bay  and  the  Colony  of  Connecticut, 
Which  last  Line  the  said  Commissioners  Extended  Soe  far  for  that  Pur- 
pose, which  Randum  Line  was  Run  North  Twelve  Degrees  East  Accord- 
ing to  the  Compass,  Then  the  Commissioners  aforesaid  Continued  the 
said  line  of  the  Massathusets  Bay,  to  Hudsons  River,  and  likewise  Sur- 
veyed the  Bank  of  Hudsons  River  soe  far  upwards  above  the  place 
where  the  said  Massathusets  line  fell  upon  hudsons  River  as  was  neces- 
sary to  Calculate  and  fix  the  place  where  a  line  Runing  East  and  by 
South  by  the  Compass  and  of  twenty  Miles  in  length  from  hudsons 


Boundaries  of  the  State  of  New  York.  357 

River  shall  Terminate  in  the  said  Massathusets  line  and  the  said  Com- 
missioners found  that  the  said  line  of  twenty  Miles  in  Length  with  the 
Allowance  of  twelve  Rod  Added  to  every  Mile,  Did  Terminate  at  a 
place  which  is  one  hundred  and  Thirty  two  Rod  Distant  from  the  place 
where  the  said  Randum  line  Intersected  the  Massathusets  line  Continued 
as  aforesaid  (the  said  one  hundred  and  thirty  two  Rod  being  Measured 
Easterly  from  the  said  Intersection  and  upon  the  Massathusets  line)  at 
which  place  a  Stake  was  Set  up  and  a  heap  of  stones  raised  round  it, 
which  heap  of  stones  or  Monument  is  Twenty  Miles  Distant  from  hud- 
sons  River  According  to  the  agreement  aforesaid  in  the  Year  one 
thousand  Seven  hundred  and  Twenty  ffive, 

Then  the  Commissioners  aforesaid  Did  Run  a  Streight  Line  from  the 
Monument  at  the  End  of  the  East  Line  from  Courtlandts  point  to  the 
said  Monument  in  the  Massathusets  line  Continued  as  aforesaid  which 
line  Runs  nearly  North  Twelve  Degrees  and  Thirty  Minutes  East  by 
the  Compass  and  mark'd  and  Distinguished  the  same  by  Setting  up  a 
Stake  and  Erecting  a  heap  of  stones  at  the  Second,  ffourth,  Sixth, 
Eighth,  Tenth,  Twelfth,  ffourteenth  Sixteenth,  Eighteenth,  Twentieth, 
Twenty  Second,  Twenty  ffourth,  Twenty  Sixth,  Twenty  Eighth,  Thir- 
tieth, Thirty  third,  thirty  ffifth,  thirty  Seventh,  ffortyeth,  fforty  Second, 
fforty  ffourth,  fforty  Seventh  and  ffiftyeth  Miles  Strict  Measure  from 
the  said  heap  of  stones  at  the  end  of  the  East  line  from  Courtlandts 
point; 

And  the  Commissioners  aforesaid  of  the  Province  of  New  York  and 
Colony  of  Connecticut  Doe  hereby  Declare  that  the  said  lines  Riming 
North  Twenty  ffour  Degrees  and  thirty  Minutes  West  from  the  Monu- 
ment at  the  End  of  the  East  North  East  line  to  the  Monument  at  the 
End  of  the  twenty  Mile  line  from  Courtlandts  point,  and  Runing  nearly 
North  Twelve  Degrees  and  Thirty  Minutes  East  from  the  said  line  from 
Courtlandts  point  to  the  Stake  and  heap  of  stones  in  the  Massathusets 
line  ffix'd,  marked  and  Distinguished  as  aforesaid  are  parrallel  to  Hud- 
sons  River  and  at  Twenty  Miles  Distance  from  the  same  as  the  Lines  of 
Partition  between  the  said  Province  and  said  Collony  According  to  the 
agreements  Made  in  the  Years  one  thousand  Six  hundred  and  Eighty 
three  and  one  Thousand  Seven  hundred  and  Twenty  ffive  Ought  to  be, 

The  Commissioners  aforesaid  ffurther  Declare  that  the  Length  of  the 
Line  Runing  parallel  to  Hudsons  River  from  the  End  of  the  East  North 
East  line  to  the  End  of  the  East  line  from  Courtlandts  point  is  Seven 
Miles  and  one  quarter  of  a  Mile  Strict  Measure  but  with  the  Allowance 
of  twelve  Rod  to  every  Mile  the  Length  is  Six  Miles  three  quarters  of 
a  Mile  and  Seventy  Six  Rod,  and  that  the  Length  of  the  Parallel  Line 
Runing  from  the  End  of  the  twenty  Miles  from  Courtlandts  point  to 
the  Massathusets  Line  is  ffifty  two  Miles  one  half  Mile  and  Sixty  Rod 


358  Copies  of  Documents  Relating  to  the 

Strict  Measure,  but  with  the  Allowance  of  Twelve  Rod  to  every  Mile 
it  is  only  nifty  Miles  three  Quarters  of  a  Mile  Ten  Rod  and  fifteen  links 
in  length  and  that  the  breadth  of  the  additional  Lands  of  Sixty  one 
thousand,  ffour  hundred  and  fforty  Acres  to  be  Added  out  of  the  Colony 
of  Conecticut  to  the  Province  of  New  York  with  the  Allowance  of  twenty 
ffive  Rod  to  a  Mile  According  to  the  agreement  in  the  Year  One  Thous- 
and Seven  hundred  and  Twenty  ffive  is  one  Mile  three  quarters  of  a  Mile 
and  Twenty  Rod  Strict  Measure. 

Then  the  Commissioners  aforesaid  proceeded  to  Set  off  the  said 
additional  Land  for  which  purpose  They  Set  off  East  Nine  Degrees 
Southerly  along  the  Massathusets  line  One  Mile  three  quarters  of  a 
Mile  twenty-one  Rod  and  ffive  links,  and  there  Erected  a  Stake  with  a 
heap  of  stones  round  it  as  a  Monument  of  the  North  East  Corner  of  the 
said  additionall  Lands,  and  Set  off  ffrom  the  Monument  at  the  End  of 
the  Twenty  Miles  from  Courtlandts  point  North  Eighty  ffour  Degrees 
East  one  Mile  three  quarters  of  a  Mile  and  ffifty  two  Rod  and  there  Set 
up  a  Stake  and  Raised  a  heap  of  stones  Round  it  as  a  Monument  of  the 
place  where  the  Lines  which  are  parrellel  to  the  lines  at  Twenty  Miles 
Distance  from  hudsons  River  and  ffive  hundred  and  Eighty  Rod  Distant 
Easterly  from  them  Doe  Intersect  and  Terminate  in  each  other,  And 
then  Continued  the  East  North  East  line  of  thirteen  Miles  and  Sixty 
ffour  Rod  from  the  Monument  Erected  in  the  Year  one  thousand  Seven 
hundred  and  twenty  ffive,  One  Mile  three  quarters  of  a  Mile  and  Twenty 
one  Rod  ffurther  and  there  Set  up  a  Stake  and  Raised  a  heap  of  stones 
round  it  as  a  Monument  of  the  South  East  Corner  of  the  said  Additional 
Lands, 

And  The  Commissioners  aforesaid  ffurther  Declare  that  the  Line 
Runing  Nearly  North  twenty  ffour  Degrees  and  thirty  Minutes  West 
from  the  last  mentioned  Monument  to  the  Monument  at  the  End  of  the 
Line  Runing  North  Eighty  ffour  Degrees  East  from  the  Monument  at 
the  End  of  the  Twenty  Miles  from  Courtlandts  point  is  markd'  and 
Distinguished  and  Set  of  in  the  ffollowing  manner  that  is  to  say  by 
Runing  perpendicular  lines  from  the  Monuments  at  the  Second  ffourth 
and  Sixth  Miles  in  the  line  at  twenty  Miles  Distance  from  hudsons 
River,  Each  of  the  said  perpendiculars  being  ffive  hundred  and  Eighty 
Rod  long,  And  Raiseing  a  heap  of  stones  round  a  Stake  at  the  end  of 
Each  of  the  said  perpendiculars  as  Monum*?  of  the  East  bounds 
of  said  Additionall  Lands,  In  like  manner  the  Line  Runing  Nearly 
North  twelve  Degrees  and  thirty  Minutes  East  from  the  Monum4!1  at  the 
End  of  the  Line  runing  North  Eighty  ffour  Degrees  East  as  aforesaid 
to  the  Monument  at  the  North  East  Corner  of  the  additional  Lands  of 
Sixty  one  thousand  ffour  hundred  and  fforty  Acres,  aforesaid  was  mark'd 
and  Distinguished  by  runing  perpendicular  Lines  to  the  line  parallel  to 


Boundaries  of  the  State  of  New  York.  359 

Hudson's  River  from  the  Monument  at  the  End  of  Twenty  Miles  from 
Courtlandts  point  to  the  Massathusets  line,  which  perpendiculars  were 
run  off  from  the  Monuments  aforesaid  At  the  Second,  ffourth,  Sixth, 
Eighth,  Tenth,  Twelfth,  fourteenth,  Sixteenth,  Eighteenth,  Twentieth, 
Twenty  Second,  Twenty  ffourth,  Twenty  Sixth,  Twenty  eighth, 
Thirtyeth,  Thirty  third,  Thirty  ffifth,  Thirty  Seventh,  ffortyeth,  fforty 
Second,  fforty  ffourth  and  fforty  Seventh  Miles,  and  set  up  a  Stake  and 
Erected  a  heap  of  stones  about  it  at  the  East  End  of  Each  of  the  said 
perpendiculars  as  monuments  of  the  East  bounds  of  said  Additionall 
Lands, 

The  said  Commissioners  haveing  Omitted  to  Run  off  the  Perpendicu- 
lar at  the  ffiftyeth  Mile  because  it  would  have  Run  into  Tahkanick 
Mountaines, 

The  Commissioners  aforesaid  Declare,  That  the  Monument  at  the 
End  of  the  East  line  from  Cortlandts  point  stands  upon  a  Ridge  of 
Land  and  is  one  hundred  and  Seventy  Seven  Rod  from  the  Long  Pond 
Measured  upon  a  line  Runing  from  the  said  Monument  North  twelve 
Degrees  East  and  is  likewise  one  hundred  and  Seventy  Six  Rod  from 
the  brook  that  Issues  from  the  said  Pond  being  measured  upon  a  Line 
Runing  East  from  the  said  Monum! 

That  the  Monument  in  the  Massathusets  line  Continued  and  at 
twenty  Miles  with  the  Allowance  of  twelve  Rod  to  every  Mile  from 
hudson's  River  stands  on  the  west  side  of  a  Ridge  of  Land  and  is 
fforty  Rod  from  a  branch  of  Roeloffe  Jansens  Kill  Called  the  Nortse 
Kill  Measured  on  a  Line  runing  Easterly  from  the  said  Monument  along 
the  Massathusets  Line,  That  The  Monument  at  the  North  East  Corner 
of  the  Additionall  Lands,  in  the  Massathusets  line  aforesaid  stands  in  a 
Valley  in  the  Tahkanock  Mountaines  being  one  hundred  and  twenty 
one  Rod  Eastward  from  the  Top  or  Ridge  of  the  Most  Westerty  of  the 
said  Mountaines  there  being  a  great  Stone  with  some  others  Set  upon 
it  on  the  Top  of  the  said  Westermost  Mountaine  where  the  said  Massa- 
thusets line  Crosses  it, 

That  the  Monument  where  the  two  Eastermost  parallel  Lines  Inter- 
sect and  Terminate  in  Each  other  stands  on  the  North  side  of  a  hill  and 
is  South-easterly  from  the  Eastermost  end  of  the  Long  Pond,  and  that 
the  Monument  at  the  South  East  Corner  of  the  Additionall  Lands  being 
East  North  East  from  the  Monument  Erected  in  the  Year  one  Thousand 
Seven  hundred  and  Twenty  ffive  at  ffive  hundred  and  Eighty  One  Rod 
Distance,  stands  on  the  West  side  of  a  Stony  Ridge  about  Six  Rod 
East  from  the  South  End  of  a  Swamp  and  is  two  hundred  and  Sixty 
three  Rod  Distant  on  an  East  North  East  Course  from  the  West 
Branch  of  Norwalk  River, 

And  the  aforesaid  Commissioners  of  the  Colony  of  Connecticut  on 


860  Copies  of  Documents  Relating  to  the 

behalf  of  the  Colony  and  Corporation  of  Connecticut  have  Yielded 
Surrendered  and  Delivered  up  And  by  These  presents  Doe  Yield,  Sur- 
render and  Deliver  up  to  the  Commissioners  of  the  Province  of  New 
York  aforesaid,  on  behalf  of  the  Province  of  New  York  All  the  said 
Additionall  Lands,  (the  same  in  the  Actual  Possession  of  the  said  Corpo- 
ration now  being)  Bounded  Westerly  by  the  aforesaid  Lines  runing 
North  twenty  ffour  Degrees  and  thirty  Minutes  Westerly  from  the 
Monument  at  the  End  of  the  East  North  East  line  of  thirteen  Miles 
and  Sixty  ffour  Rod  to  the  Monument  at  the  end  of  the  line  Runing 
twenty  Miles  from  Courtlandts  point  and  Runing  from  the  said  Monu- 
ment at  the  end  of  the  said  line  from  Courtlandts  point  North  Twelve 
Degrees  &  Thirty  Minutes  East,  to  the  Monument  in  the  Massathusets 
line  at  the  Distance  of  twenty  Miles  with  the  Allowance  In  Measure 
from  hudson's  River  Bounded  Northerly  by  the  said  line  of  the  Massa- 
thusets Bay  Extended,  from  the  Said  Last  mentioned  Monument  ffive 
hundred  and  Eighty  one  Rod  and  ffive  Links  to  the  Monument  in 
Tackanock  Mountaines  aforesaid;  Bonded  Easterly  bj  the  Lines  which 
Run  from  the  last  mentioned  Monument  to  the  Monument  which  is  Six 
hundred  and  Twelve  Rod  Distant  from  the  Monument  at  the  End  of  the 
twenty  Miles  from  Courtlandts  point  on  a  line  Runing  North  eighty 
ffour  Degrees  East  and  from  the  said  Monument  at  the  End  of  the  Six 
hundred  and  Twelve  Rod  aforesaid  to  the  Monument  on  the  Stony 
Ridge  at  the  End  of  the  Extended  East  North  East  line  as  the  said 
Lines  run  through  the  Severall  Monuments  Erected  as  before  mentioned, 
And  Bounded  Southerly  by  the  aforesaid  East  North  East  line  of  ffive 
hundi-ed  and  Eighty  one  Rod  in  length  between  the  Monument  at  the 
end  of  the  East  North  East  line  of  thirteen  Miles  and  Sixty  ffour  Rod 
and  the  Monument  on  the  west  side  of  the  Stony  Ridge  afores*  Contain- 
ing Sixty  one  thousand  ffour  hundred  and  fforty  Acres  of  Land  with 
the  allowance  in  Measure  as  aforesd.  For  the  use  of  our  Sovereigne  Lord 
the  King  his  heirs  and  Successors  in  as  full  and  ample  manner  as  the 
same  ought  to  be  Done  by  the  agreements  and  Covenants  entered  into 
between  the  Commissioners  of  the  said  Province  and  Collony  in  the 
Years  one  thousand  Six  hundred  and  Eighty  three  and  one  thousand 
Seven  hundred  and  twenty  ffive,  And  the  Commissioners  aforesaid  of 
the  province  of  New  York  and  Colony  of  Connecticut  have  Established 
and  ffixed  and  by  These  presents  Doe  Establish  and  fix  the  said  Lines 
from  the  Monument  Erected  in  the  Year  one  thousand  Seven  hundred 
and  Twenty  ffive  at  the  End  of  the  East  North  East  line  parrallel  to  the 
sound  of  thirteen  Miles  and  Sixty  ffour  Rod  in  Length  runing  East 
North  East  ffive  hundred  and  Eighty  one  Rod  to  the  Monument  on  the 
Stony  Ridge  aforesaid  and  from  the  last  mentioned  Monument  Runing 
nearly  North  twenty  ffour  Degrees  and  thirty  Minutes  West  to  the 


Boundaries  of  the  State  of  New  York.  361 

Monument  aforesaid  at  Six  hundred  and  Twelve  Rod  Distance  from  the 
Monument  at  the  end  of  the  twenty  Mile  line  from  Courtlandts  point 
and  from  the  said  Monument  at  Six  hundred  and  twelve  rod  Distance 
runing  North  Twelve  Degrees  and  thirty  Minutes  East  to  the  Monument, 
in  the  Massathusets  line  in  Tackanock  Mountaines  as  the  said  lines  Run 
through  the  Severall  Monuments  above  mentioned  to  have  been  Erected 
by  the  said  Commissioners  on  the  East  side  of  the  said  Additional 
Lands  to  be  and  Remain  from  henceforth  the  lines  of  Partition  and 
Division  between  the  Province  of  New  York  and  Colony  of  Connecticut 
for  ever  which  lines  Together  with  those  that  were  fixed  and  Established 
in  the  Year  one  thousand  Seven  hundred  and  Twenty  ffive  Doe  every 
where  Compleatly  and  Entirely  Seperate  and  Divide  the  said  province 
from  the  said  Colony  from  the  Sound  soe  far  as  the  Line  of  the  Massa- 
thusets Bay  aforesaid,  And  that  the  Monuments  Erected  and  Establish'd 
by  the  Commissioners  aforesaid  may  be  the  better  perpetuated  and  had 
in  remembrance  they  have  made  a  Description  in  Writeing  of  the 
Severall  places  where  they  have  Erected  the  Monuments  aforesaid  bear- 
ing the  same  Date  with  these  presents  and  Signed  with  the  hands  of 
the  said  Commissioners  —  In  Witness  Whereof  the  partys  to  these 
presents  have  hereunto  put  their  hands  and  Seales  at  Dover  in  Dutches 
County  in  the  Province  of  New  York  the  Day  and  Year  ffirst  above 
written 

CADWALLADER  COLDEN  [l.  s.]  SAMel  EELLS  [l.  s.J 

GILBERT  WILLETT  [l.  s.]  ROGER  WOLCOTT  [l.  s.] 

VINCENT  MATHEWS  [l.  s.]  EDMUND  LEWIS      [l.  s.] 

J.  BRUYN  Junr.  [l.  s.] 

—[N  T.  Col  MSS,  lxix,  57;  Sen  Doc,  1857,  No.  165,  p.  166;  Bo., 
1860,  No.  31,  p.  31;    Conn.  Private  Laws,  ii,  1533. 


[Location  of  Monuments.] 
A  Disckiption  of  the  places  in  Which  the  Monuments  were  fixed  or  set 
up  by  the  subscribing  Commissioners  of  the  Province  of  New  york 
and  Colony  of  Connecticutt  as  Referrred  to  in  a  Certain  Indenture 
made  between  both  partys  bearing  even  Date  with  these  presents 
viz*. 

In  the  line  runing  North  24°:  30'  west  from  the  monument  Erected  in 
the  year  1725  at  ye  End  of  the  line  runing  East  North  East  of  thirteen 
miles  and  Sixty  four  rods  in  Length  to  the  Monument  Erected  at  the 
End  of  the  twenty  miles  from  Courtlands  point,  at  the  distance  of  two 
miles  from  the  said  first  mentioned  monument  Raised  a  heap  of  stones 
for  a  monument  at  the  root  of  a  Maple  tree  marked  with  three  Notches 


362  Copies  of  Documents  Relating  to  the 

on  the  S  East  and  North  West  sides  standing  on  the  South  west  side 
of  a  run  of  Water  in  a  Gulley  Called  Beaver  pond  brook  and  marked 
some  trees  on  each  side  of  the  said  Monument  in  a  North  24°.  40'.  west 
Course. 

Then  at  the  Distance  of  four  miles  from  the  said  first  mentioned  mon- 
ument in  the  aforsd  line  we  put  up  a  stake  on  the  East  side  of  a  hill 
and  heaped  some  stones  round  it  for  a  monument  which  we  Esteemed  to 
be  about  sixty  rods  Distance  northriy  from  the  Cross  pond  and  marked 
some  trees  on  each  side  of  the  said  Monument  in  a  North  24°.  30'  west 
Course. 

At  the  Distance  of  six  miles  from  the  sd  first  mentioned  monument  in 
the  aforesd  line  we  put  up  a  stake  and  heaped  some  stones  round  it  for 
a  monument  on  the  East  side  of  a  Large  white  oak  tree  standing  in  a 
valley  and  marked  some  trees  on  each  side  of  said  monument  in  a  North 
24°:  30'  west  Course. 

And  the  Monuments  that  were  fixed  or  sett  up in  the  Eastern 

line  of  the  Additionall  Lands  added  out  of  the  Colony  of  Connecticutt  to 
the  province  of  New  york  runing  paralell  to  the  aforsd  North  24°:  30' 
west  line  and  unto  which  which  Referrence  is  made  as  aforesd  we  did  fix 
up  Corisponding  to  each  of  the  aforsd  Monuments  fixed  up  in  the  western 
line  as  aforsd  distant  from  the  same  in  a  North  65°:  30'  East  Course  or 
at  Right  angles  to  the  aforsd  North  24°  30'  west  line  one  mile  three 
quarters  and  twenty  rods  and  Were  fixed  and  sett  up  in  the  places  fol- 
lowing viz* 

Corrisponding  to  the  Monument  fixed  up  at  two  miles  distance  we 
heaped  up  some  stones  for  a  Monument  on  the  West  brow  of  a  stoney 
ridge  of  Land  on  the  top  of  a  Rock  sticking  out  of  the  Ground  and 
marked  some  trees  on  each  side  of  said  Monument  in  a  North  24°:  30' 
west  Course 

Corisponding  to  the  Monument  fixed  up  at  the  distance  of  four  mils 
as  aforesaid  we  sett  up  a  stake  heaped  some  stones  round  it,  for  a  mon- 
ument being  in  a  swamp  and  on  the  North  West  side  of  a  brook  which 
runs  into  the  pond  of  a  saw  mill  and  marked  some  trees  on  each  side  of 
said  Monument  in  a  North  24°  30'  West  Course 

Corisponding  to  the  sixth  mile  in  in  the  western  line  as  aforsd  we 
sett  up  a  stake  in  the  midle  of  a  bogie  meadow 

in  the  line  runing  Nearly  North  12°°  30'  East  from  the  aforsd  Monu- 
ment erected  at  the  End  of  twenty  mils  from  Courtlands  point  to  the 
Monument  erected  at  the  end  of  20  miles  from  Hudsons  river  in  the 
Massathusetts  line  at  the  Distance  of  2  miles  from  the  monument  at  the 
end  of  20  miles  from  Courtlands  Point  aforsd  we  sett  up  a  stake  and 
heaped  some  stones  round  it  on  the  west  side  of  a  hill  for  a  monument 
bearing  from  a  Large  pointed  rock  south  27°  East  one  chain  and  Eighty 


Boundaries  of  tee  State  of  New  York.  363 

links  and  marked  some  trees  on  Each  side  of  said  Monument  Nearly  in  a 
North  12°  30'  East  Course. 

At  the  distance  of  four  miles  in  the  said  line  as  aforsd  we  sett  up  a 
stake  on  the  south  west  side  of  a  bogy  Meadow  near  the  Edge  of  the  sd 
bogy  meadow  and  heaped  some  stones  round  it  for  a  monument 

at  the  Distance  of  six  miles  as  aforsd  we  sett  up  a  stake  and 
heaped  some  stones  round  it  on  the  top  of  a  Ridge  for  a  Monument 
which  we  Esteemed  to  be  about  thirty  rods  East  of  a  seeder  swamp  and 
marked  some  trees  on  each  side  of  said  Monument  in  a  Nearly  North 
12°  30'  East  Course. 

at  the  Distance  of  eight  miles  as  aforsd  we  sett  up  a  stake  and  heaped 
up  some  stones  round  it  for  a  monument  being  between  two  rocky  hills 
about  four  rods  from  the  eastermost  of  them  and  marked  some  trees  on 
each  side  of  said  Monument  in  a  Nearly  North  12°  30'  East  Course 

At  the  Distance  of  ten  Miles  we  sett  up  a  stake  and  heaped  up  some 
stones  about  it  for  a  monument  being  on  the  west  side  of  a  Ridge  of 
Land  and  66  chains  on  the  perpendicular  west  from  Coroton  River  and 
marked  some  trees  on  each  side  of  said  Monument  in  a  Nearly  North 
.12°  30'  East  Course 

At  the  Distance  of  12  miles  as  aforsd  we  sett  up  a  stake  and  heaped 
up  some  stones  round  it  for  a  monument  being  at  the  east  side  of  a  hill 
near  to  a  point  of  Rocks  and  to  the  West  of  a  Great  Swamp  and  bogy 
meadow  in  sd  swamp  in  Crooton  River 

at  the  Distance  of  14  miles  as  aforsd  we  sett  up  a  stake  and  heaped 
up  some  stones  round  it  for  a  Monument  Near  on  the  top  of  a  Mountain 
being  on  the  East  side  of  the  aforsd  Great  Swamp  and  near  the  south 
west  End  of  the  sd  Mountain: 

At  the  distance  of  16  mile  as  aforesaid  we  sett  up  a  stake  and  heaped 
up  some  stones  round  it  for  a  monument  being  on  the  North  west  side 
of  a  brushy  hill  and  Marked  some  trees  on  each  side  of  said  monument 
on  a  Nearly  North  12°  30'  East  Course 

At  the  distance  of  18  miles  in  said  line  as  aforsd  we  sett  up  a  stake 
and  heaped  up  some  stones  round  it  for  a  Monument  being  on  the  North 
side  of  a  small  run  of  water  and  in  a  Low  piece  of  Land  and  Marked 
some  trees  on  each  side  of  said  monument  in  a  Nearly  North  12°:  30' 
East  Course 

At  the  Distance  of  20  miles  as  aforesd  in  said  line  we  heaped  up  some 
stones  for  a  Monument  on  the  East  side  of  a  hill  at  the  bottom  of  a 
Large  Rock 

at  the  Distance  of  22  miles  as  aforsd  in  sd  line  we  sett  up  a  stake  and 
heaped  up  some  stones  round  it  for  a  Monument  on  the  West  side  of  a 
hill  Near  to  a  run  of  water  on  the  West  side  of  said  hill  about  56  rods 
East  12£  south  from  the  East  side  of  a  Larg  pond  and  marked  some 


364  Copies  of  Documents  Relating  to  the 

trees  on  Each  side  of  sd  Monument  on  a  Nearly  North  12°:  30'  East 
Course 

At  the  Distance  of  24  miles  as  aforsd  in  sd  line  we  set  up  a  stake  and 
heaped  up  some  stones  round  it  being  on  a  rock  on  the  West  side  of  a 
hill  and  on  the  East  side  of  a  Gulley  and  a  run  of  Water  runing  West- 
erly into  the  Great  Swamp  about  5  rods  from  sd  run  in  which  run  are 
some  spruce  trees  standing  and  we  marked  some  trees  on  each  side  of 
said  monument  in  a  Nearly  North  12°  30'  East  Course 

At  the  Distance  of  26  miles  as  aforesaid  in  said  line  we  sett  up  a  stake 
and  heaped  some  stones  round  it  for  a  monument  being  in  a  swampy 
piece  of  Ground  on  the  North  side  of  a  small  run  of  Water  and  Near  to 
a  clift  of  Rocks  being  to  the  East  of  said  Monument  and  is  on  the  East 
side  of  the  ten  mile  river  about  half  a  mile  Northerly  from  the  turn  of 
said  River 

At  the  distance  of  28  mile  as  aforsd  in  said  line  we  sett  up  a  stake 
and  heaped  up  some  stones  round  it  for  a  monument  being  on  the  East 
side  of  a  Rocky  hill  in  a  valley  between  the  Mountains  and  we  marked 
some  trees  on  Each  side  of  sd  Monument  in  a  Nearly  North  12°  30' 
East  Course 

At  the  Distance  of  thirty  miles  as  aforsd  in  sd  line  we  sett  up  a  stake 
and  heaped  up  some  ston  round  it  for  a  monu'  on  the  West  side  of  a 
mountain  near  ye  top  of  said  Mountain  being  about  south  East  from  the 
House  of  yacob  Van  Campons  and  Derrick  Dutcheers  and  Marked  some 
small  saplings  on  each  side  of  said  monument  in  a  Nearly  North  12°:  30' 
E  Course 

At  the  Distance  of  thirty  three  miles  as  aforsaid  in  sd  line  we  sett  up 
a  stake  and  heaped  up  some  stones  round  it  for  a  monument  on  a  plain 
piece  of  Land  being  Distant  in  a  south  77°:  30'  East  Course  from  a  pond 
of  water  in  the  said  plain  about  66  rods  and  about  the  same  Distance 
from  the  foot  of  the  Mountain  which  is  to  the  East  ward  of  it 

At  the  Distance  of  thirty  five  mile  we  sett  up  a  stake  and  heaped 
some  stones  round  it  for  a  monument  on  said  line  being  on  the  North 
End  of  a  Ridge  of  Land  Near  a  Gulley  on  a  small  piece  of  Bogy  meadow 
being  Easterly  from  Sacketts  house  and  marked  two  white  oak  trees 
the  one  on  an  East  8°  south  Course  Distant  3  rods  and  the  other  on  a 
South  Course  Distant  five  rods  from  the  said  Monument 

At  the  Distance  of  thirty  seven  miles  we  sett  up  a  stake  and  heaped 
up  some  stones  round  it  for  a  Monument  in  the  said  line  being  on  the 
west  side  of  a  Gully  in  the  hills  and  Marked  some  trees  on  each  side 
of  sd  Monument  in  a  Nearly  North  12°  —  30'  E  Course 

At  the  Distance  of  fourty  Miles  we  marked  a  white  oak  sapling  and 
heaped  up  some  stones  round  it  for  a  Monument  standing  on  a  high 
ridge  of  Land  being  48  rods  Easterly  from  a  small  bogy  meadow — 


Boundaries  of  the  State  of  New  York.  365 

At  the  Distance  of  fourty  two  miles  we  sett  up  a  stake  and  heaped 
up  some  stones  round  it  for  a  monument  in  the  said  line  being  on  the 
west  side  of  a  dry  swamp  and  marked  some  trees  on  Each  side  of  sd 
Monument  in  a  Nearly  North  12°  30'  East  Course 

At  the  Distance  of  44  miles  we  put  up  a  stake  &  heaped  up  some 
stones  round  it  for  a  Monument  in  said  line  being  on  the  East  side  of  a 
swamp  and  on  the  west  side  of  a  Rocky  hill  being  about  20  rods  from 
the  foot  of  sd  Hill  and  marked  some  trees  on  Each  side  of  said  monu- 
ment in  a  Nearly  North  12°:  30'  East  Course. 

At  the  Distance  of  47  mils  we  sett  up  a  stake  and  heaped  up  some 
stons  rund  it  for  a  monument  in  the  said  line  being  on  the  East  side  of 
a  hill  westerly  from  the  south  End  of  Tuconick  Mountain  and  are  Dis- 
tant on  a  west  12°  —  30'  North  Course  sixty  rods  from  the  North  branch 
of  the  ten  mile  river 

At  the  Distance  of  fifty  Miles  we  marked  an  Iron  Wood  tree  with 
three  Notches  on  the  North  and  south  side  and  a  chip  off  a  bove  and 
the  figures  x  x  x  x  x  on  the  West  side  thereof  and  put  some  stons  to  the 
root  of  sd  tree  standing  in  the  west  side  of  a  Spruce  Swamp  being 
about  18  rods  East  from  Taconick  Road 

And  the  Monuments  that  were  fixed  or  sett  up  in  the  Eastern  line  of 
the  Additionall  Lands  Added  out  of  the  Colony  of  Connecticutt  to  the 
Province  of  New  york  Riming  paralell  to  the  aforsd  Nearly  North  12° 
30'  East  line  and  unto  which  Reference  is  made  as  above  mentioned 
were  fixed  or  sett  up  Carisponding  to  Each  of  the  aforsd  Monuments 
fixed  up  in  the  western  line  as  aforsd  Distant  from  the  same  on  a  south 
77°  —  30'  East  Course  or  at  Right  Angles  to  the  aforsd  Nearly  North 
12°  30'  East  line  on  mile  three  quarters  and  20  rods  and  were  fixed  and 
sett  up  in  the  places  following  viz* 

Corisponding  to  the  Monument  fixed  or  sett  up  at  the  two  Miles  dis- 
tance we  heaped  up  some  stons  for  a  Monument  on  the  west  side  of  a 
Rocky  hill  Near  to  a  Chessnut  Oak  tree  Marked  with  3  Notches  on  the 
North  and  south  side 

The  Monument  Corrisponding  to  the  Monument  at  4  miles  Distance 
as  aforsd  is  a  stake  with  a  heap  of  stons  round  it  about  twenty  rods 
and  half  to  the  East  ward  of  Mopo  brook 

The  Monum'  Corrisponding  to  the  Monument  at  six  miles  Distance  as 
aforsd  is  a  stake  with  a  heap  of  stones  round  it  Near  the  North  End  of  a 
swamp  and  by  a  footpath  leading  to  Danbury 

The  Monument  Corrisponding  to  the  Monument  at  at  Eight  Miles 
Distance  as  aforsd  is  a  stake  and  a  heap  of  stones  round  it  in  a  hollow 
upon  a  high  Rocky  hill 

The  Monument  Corrisponding  to  the  Monument  at  ten  Miles  Distance 


366  Cofjes  of  Documents  Relating  to  the 

as  aforsd  is  a  stake  with  a  heap  of  stones  round  it  in  springy  Ground  on 
the  west  side  of  a  high  hill 

The  Monument  Corisponding  to  the  Monument  at  12  Miles  Distance 
as  aforsd  was  set  at  the  end  of  two  miles  on  a  line  runing  Nearly- 
North  12°  30  East  from  the  monum'  Corrisponding  to  the  Monument 
at  1 0  miles  distance  because  we  could  not  carry  the  perpendicular  across 
the  Great  Swamp  that  was  overflowed  by  Coroton  River  and  we  marked 
the  trees  in  the  said  two  miles  with  3  Notches  on  the  North  and  South 
side  this  Monument  is  a  heap  of  stones  round  a  small  White  oak  tree 

The  Monument  Corrisponding  to  the  Monument  at  14  miles  Distance 
is  a  stake  and  heap  of  stones  standing  on  the  North  West  side  of  a  hill 

The  Monument  Corrisponding  to  the  Monument  at  Sixteen  miles  Dis- 
tance is  a  stake  and  a  heap  of  stons  on  a  high  hill  there  being  two  two 
small  ponds  to  the  south  eastward  of  the  Monument  the  Nearest  to 
which  is  about  five  rods  to  the  Monument 

The  Monument  Corrisponding  to  the  Monument  at  18  miles  Distance 
as  aforsd  is  a  stake  and  a  heap  of  stones  on  a  Ledge  of  Rocks  on  the  West 
side  of  a  hill 

The  Monument  Corisponding  to  the  Monument  at  20  miles  Distance 
as  aforsd  is  a  stake  and  heap  of  stons  in  a  wett  piece  of  Ground  on  the 
west  side  of  a  steep  Rocky  hill 

The  Monument  Corisponding  to  ye  Monument  at  22  miles  Distance  is 
a  stake  and  heap  of  stons  on  the  East  side  of  New  fairfield  hills 

The  Monument  Corrisponding  to  the  monument  at  24  miles  distance 
is  a  stake  and  a  heap  of  stons  on  the  North  west  Descent  of  a  hill  that 
is  on  the  East  side  of  the  brook  that  Issus  from  the  pond  before 
mentioned 

The  Monument  Corrisponding  to  the  Monument  at  26  mils  Distance 
is  a  stake  and  heap  of  stons  on  the  west  side  of  an  high  hill  and  is 
thirty  five  chains  and  fourty  five  lincks  on  the  perpendicular  line  from 
the  East  side  of  the  Ten  Mile  River. 

The  Monument  Corisponding  to  the  Monument  at  28  miles  Distance 
as  aforsd  is  a  heap  of  stones  on  the  East  brow  of  a  high  hill  at  which 
place  we  saw  New  Milford  town  Ousatanuck  River  Runing  at  ye  foot 
of  sd  hill 

The  Monument  Corrisponding  to  the  Monument  at  30  Miles  Distance 
as  aforesd  is  a  stake  and  heap  of  stons  at  the  south  end  of  a  high  hill 

The  Monument  Corrisponding  to  the  Monument  at  33  miles  Distance 
is  a  heap  of  stones  on  the  top  of  a  hollow  rock  on  the  west  side  of  a 
hill 

The  Monument  Corrisponding  to  the  Monument  at  35  miles  distance 
as  aforsd  is  a  heap  of  stones  on  the  top  of  a  Rock  on  the  west  side  of  a 
hill 


Boundaries  of  the  State  of  New  York.  367 

The  Monument  Corrisponding  to  the  Monument  at  37  miles  Distance 
as  aforsd  is  a  stake  and  a  heap  of  stons  on  the  North  side  of  a  Ridg 
and  is  60  links  North  31°  West  from  a  Rock  Lying  there  in  the 
Ground. 

The  Monument  Corrisponding  to  the  Monument  at  40  miles  Distance 
is  a  stake  and  a  heap  of  stones  at  the  west  side  of  a  swamp  and  40  rods 
on  the  perpendicular  line  Easterly  from  the  ten  mile  River 

The  Monument  Corrisponding  to  the  Monument  at  42  mils  Distance 
is  a  stake  and  heap  of  stones  on  ye  brow  of  a  steep  bank  on  the  North 
side  of  the  ten  mile  river  where  it  runs  Easterly  and  is  likewise  21 
rods  on  the  perpendicular  line  East  from  the  East  side  of  the  sd 
River 

The  Monument  Corrisponding  to  ye  Monument  at  44  mils  Distance 
is  a  stake  and  heap  of  stones  standing  at  the  foot  of  a  hill  and  12  rods 
from  the  East  side  of  a  Large  pond 

The  Monum'  Corisponding  to  ye  Monum1  at  47  miles  Distance  is  a 
stake  &  heap  of  stones  in  a  Low  piece  of  Ground  lying  south  westerly 
of  Taconick  Mountains  and  North  westerly  from  a  meadow  and  is  near 
the  waggon  path  from  Woatange  to  Taconick  we  likewise  marked 
some  trees  on  each  side  of  the  before  mentioned  monuments  in  a  line 
runing  nearly  North  12°  30'  East  when  any  trees  stood  on  the  said  line 
near  the  said  Monuments  — 

In  Witness  Whereof  We  have  hereunto  Set  our  hands  at  Dover  in 
Dutches  County  in  the  Province  of  New  York  this  ffourteenth  Day  of 
May  in  the  ffourth  Year  of  the  Reigne  of  our  Sovereigne  Lord  George 
the  Second  by  the  Grace  of  God  of  Great  Brittaine  ffrance  and  Ireland 
King  Defender  of  the  ff aith  &c.  Annoq  Domini  1731. 

SAML  EELLS  CADWALLADER  COLDEN 

ROGER  WOLCOTT  VINCENT  MATHEWS 

EDMUND  LEWIS  G  WILLETT 

J.  BRUYN  Junr,  Dep  *  Sur\ 

— [N.  T.  Col.  MSS.,  lxix,  58;  Sen.  Doc,  1857,  No.  165,  p.  173;  1860, 
No.  31,  p.  38. 


The  Boundary  Line  between  Long  Island  and  Connecticut. 

Prior  to  1850,  there  seems  to  have  been  no  serious  controversy  as  to 
30  much  of  the  joint  New  York  and  Connecticut  Boundary  as  was 
embraced  within  Long  Island  Sound.  Fisher's  Island,  though  origin- 
ally claimed  by  Connecticut,  was  early,  as  now,  acknowledged  to 
belong  to  New  York.     The  smaller  islands  near  the  main-land  have, 


368  Copies  of  Documents  Relating  to  the 

with  few  exceptions,  been  held  by  Connecticut  without  dispute.     Some 
of  the  exceptions  appear  in  the  following  documents: 


[Endorsement.]     Caveat  ag'  grantg  Letters  Patent  for  Calves  Island. 
14  Dec!;  Read  in  Council 

New  York  Secretary s  Office  29th  September  1750. 

I  Joseph  Banks  of  the  Township  of  Greenwich  in  the  Colony  of  Con- 
necticut Farmer  do  hereby  Enter  a  Caveat  ag'  granting  his  Majesty's 
Letters  Patent  to  any  person  or  persons  whatsoever  (until  I  am  heard 
by  myself  or  Council)  for  a  Certain  Island  called  Calves  Island  which 
Island  lyes  about  a  Mile  to  the  Eastward  of  Byram  River  and  is  esteemed 
to  be  Within  Connecticut  Government  And  which  Island  my  Ancestors 
and  Self  have  had  uninterrupted  Possession  of  for  about  seventy  or 
eighty  years  last  past  under  a  Title  from  Connecticut  Government. 

JOSEPH  BANKS 
— [N.  Y.  Land  Papers  (MS.)  in  Office  of  Sec'y  of  State,  xiv,  85. 


Petition  of  the  Earl  of  Stirling  and  others,  to  the  King. 

June  1760. 
To  the  Kings  most  Excellent  Majesty  in  Council 

The  humble  Petition  of  William  Earl  of  Sterling,  who  is  nearest 
heir  male  to  William  the  first  Earl  of  Stirling,  And  also  to 
Henry  the  last  Earl  of  Stirling,  who  died  in  the  year  1739,  and 
of  William  Phillips  Lee  of  the  City  of  York  Esqr  And  Mary 
Trumbull  of  East  Hampstead  Park  in  the  County  of  Berks, 
Spr  which  said  William  Philips  Lee  and  Mary  Trumbull  are 
Heirs  at  Law  of  the  said  Henry  the  last  Earl  of  Stirling. 
Sheweth. 

That  His  late  Majesty  King  James  the  first  by  Letters  Patent  bearing 
date  the  3.  day  of  November  1621,  did  grant  to  the  Council  for  the 
Affairs  in  New  England  in  America,  their  successors  and  assigns  "All  the 
"  land  of  New  England  in  America  lying  and  being  in  breadth  from  40 
"  Degrees  to  48  Degrees  of  Northerly  Latitude,  and  in  length  of  and 
"  within  the  breadth  aforesaid  throughout  the  Main  Land  from  Sea 
"  to  Sea." 

That  the  said  Council  did  in  the  year  1635  among  other  things  grant 
to  William  Alexander  Earl  of  Stirling.  "All  that  Island  or  Islands  there- 
tofore called  by  the  several  name  or  names  of  Matawock,  or  long  Island, 
and  thereafter  to  be  called  by  the  name  or  names  of  Isle  or  Isles  of 
Stirling,  situate,  lying  and  being  to  the  Westward  of  Cape  Cod  or 
Narohigansets,  within  the  Latitude  of  Forty  or  forty  one  Degrees  or 


Boundaries  of  the  State  of  New  York.  369 

thereabouts,  abutting  upon  the  Main  Land  between  two  Rivers  there 
known  by  the  several  Names  of  Connecticut  and  Hudson's  River,  with 
all  the  Islands  abutting  or  opposite  to  the  same  within  5  leagues  of  the 
Main.1 

That  in  the  year  1636  the  said  Earl  of  Stirling  deputed  Capt.  James 
Forrest  his  Agent  and  Governor  for  the  said  Island,  whom  he,  that  same 
year,  sent  over  with  a  number  of  People  for  Planting  the  same,  who 
arrived  safe  there,  and  made  the  first  English  Settlement  in  that  Country, 
and  in  a  few  years  it  became  a  flourishing  Colony  and  all  the  settlers 
were  tenants  to  the  Earl  of  Stirling. 

That  the  said  William  Earl  of  Stirling  died  in  the  year  1640  and  was 
succeeded  by  his  grandson  William,  who  died  a  few  months  after  him, 
and  the  said  last  named  Earl  was  succeeded  by  his  Uncle  Henry,  who 
did  not  well  understand  his  American  affairs,  yet  maintained  his  Gover- 
nors in  the  said  Islands  of  Stirling  or  Long  Island,  and  promoted  the 
further  settlement  thereof,  which  was  frequently  interrupted  by  the 
Dutch,  who  intruded  into  the  same  from  their  Colony  of  Nieu  Nether- 
land  (now  the  Province  of  New  York)  But  the  said  Earl  of  Stirling's 
then  Governor  Major  Forrester  opposing  the  Dutch  in  their  attempts  to 
settle  at  the  West  End  of  the  said  Island  frequent  contentions  arose  on 
that  account,  which  were  attended  with  a  very  considerable  expence  to 
the  said  Earl  of  Stirling. 

1  After  a  fruitless  search  in  Albany  for  a  complete  copy  of  the  said  grant  to  the 
Earl  of  Stirling,  repeatedly  referred  to  in  the  foregoing  pages,  it  has  been  obtained 
from  London,  through  the  U.  8.  Department  of  State,  on  application  made  in 
1879,  by  the  Attorney-General  of  the  State  of  New  York.  The  full  text  is  given 
below. —  [P. 

[Grant  to  the  Earl  of  Stirling.] 

To  all  xpian  people  unto  whome  this  pnts  shall  come  The  Cotjncell  for  the 
affaires  of  Newe  England  send  Greetinge  in  our  Lord  God  everlastinge  Whereas 
our  late  Soveaigne  Lord  Kinge  James  of  blessed  memory  by  his  Highnes  Letters 
Patents  under  the  Great  Seale  of  England  bearinge  Date  art  Westminster  the  Third 
daye  of  November  in  the  Eighteenth  yeare  of  his  MaUeB  Raigne  over  his  Highnes 
Realme  of  England  for  the  consideracons  in  the  said  Letters  Patents  expressed  and 
declared  hath  absolutely  given  graunted  and  confirmed  unto  the  said  Counsell 
and  theire  Successors  for  ever,  all  the  Land  of  Newe  England  in  America  lyinge 
and  beinge  in  breadth  from  fortie  degrees  of  Northerly  latitude  from  the  Equinoc- 
tiall  Lyne  to  fortie  eight  degrees  of  the  said  Northerly  latitude  inclusivelie  and 
in  length  of  and  within  all  the  breadth  aforesaid  throughout  the  maine  Land  from 
Sea  to  Sea  Together  alsoe  with  all  the  Pirme  Lands  soyles  grounds  havons  ports 
rivers  waters  fishings  mynes  and  mineralls  as  well  Royall  mynes  of  gold  and  silver 
as  other  mynes  and  mineralls  pretious  stones  quarries  and  all  and  singular  other 
comodities  jurisdictions  Royalties  previledges  francheses  and  preheminences  both 
within  the  said  Tracte  of  land  uppon  the  Maine  and  alsoe  within  the  Islands  and 
Seas  adjoyninge  (as  by  our  said  Letters  Patents  amongst  divers  other  things  therein 
conteyned  more  att  large  it  doth  and  may  appeare)  Nowe  Knows  all  men  by  theis 
24 


370  Copies  of  Documents  Relating  to  the 

That  in  or  about  the  year  1662  the  said  Major  Forrester  and  the  Dutch 
Governor  of  Nieu  Amsterdam  agreed  upon  a  conference  for  settling  the 
said  disputes  and  the  said  Major  Forrester  attended  at  the  place  appointed 
for  that  purpose,  but  the  Dutch  Governor  instead  of  conferring  with 
him  seized  his  person,  and  put  him  on  board  a  ship  bound  to  Holland, 
but  the  said  ship  being  by  stress  of  weather  forced  into  Spithead,  Major 
Forrester  was  there  relieved  from  his  imprisonment  by  the  Captain  of 
an  English  Man  of  War. 

That  this  and  other  injuries  occasioned  a  War  between  England  and 
the  United  Provinces  which  was  declared  in  the  year  1664. 

That  James  Duke  of  York  having  a  design  to  plant  an  English  Colony 
between  the  Rivers  of  Connecticut  and  Delaware  by  the  name  of  the 
Province  of  New  York,  and  to  drive  the  Dutch  from  their  settlements 
at  Nieu  Amsterdam,  and  hearing  much  of  the  goodness  of  the  soil  of  the 
said  Islands  of  Stirling  or  Long  Island,  and  of  their  contiguity  to  the 
said  Nieu  Amsterdam,  made  application  to  Henry  Earl  of  Stirling  for 
purchasing  his  right  and  title  to  the  same,  and  in  the  year  1663,  the  Earl 
of  Stirling  agreed  to  sell  the  said  Island  to  the  Duke  York  for  £7000 
Stirling,  but  the  same  not  being  paid,  he  did  not  convey  his  right  or 
title  to  the  Duke  of  York. 

That  on  the  12th  of  March,  166f  James  Duke  of  York  obtained  a  grant 
from  his  brother  King  Charles  the  Second  of  all  the  Country  between 

pnts  that  the  said  Councell  of  Newe  England  in  America  beinge  assembled  in 
publique  Courte  accordiuge  to  an  Acte  made  and  agreed  uppon  the  third  day  of 
February  last  past  before  the  date  of  theis  pnts  for  divers  good  causes  and  consid- 
erations them  hereunto  especially  moveinge  Have  given  graunted  aliened  bargayned 
and  sold  And  in  and  by  theis  pnts  doe  for  them  and  theire  Successors  give  graunt 
alien  bargaine  sell  and  confirme  unto  the  Right  Honorable  William  Lord  Alexander 
his  heires  and  assignes  All  that  part  of  the  maine  Land  of  Newe  England  aforesaid 
beginninge  from  a  certaine  place  called  or  knowne  by  the  name  of  Saint  Croix  next 
adjoyninge  to  Newe  Scotland  in  America  aforesaid  and  from  thence  extendinge 
alonge  the  Sea  Coast  unto  a  certaine  place  called  Pemaquid  and  soe  upp  the  River 
thereof  to  the  furthest  head  of  the  same  as  it . .  endeth  Northwards  extendinge  from 
thence  att  the  Nearest  unto  the  River  of  Kinebequi  and  soe  upwards  alonge  by  the 
shortest  course  which  tendeth  unto  the  River  of  Canada  from  henceforth  to  be 
called  and  knowne  by  the  mime  of  the  Countie  of  Canada  And  alsoe  all  that  Island 
or  Islands  heretofore  comonly  called  by  the  severall  name  or  names  of  Matowa  or 
Longe  Island  and  hereafter  to  be  called  by  the  name  of  the  Isle  of  Starlinge  scituate 
lyinge  and  beinge  to  the  Westward  of  Cape  Codd  or  the  Narohigansets  within  the 
latitude  of  Fortie  or  Fortie  one  degrees  or  thereabouts  abuttinge  uppon  the  Maine 
land  betweene  the  two  Rivers  there  knowne  by  the  severall  names  of  Conectecutt 
and  Hudsons  River  and  conteyninge  in  length  from  East  to  West  the  whole  length 
of  the  Sea  Coast  there  betweene  the  said  two  Rivers  Together  with  all  and  singuler 
havons  harbours  creekes  and  Islands  imbayd  and  all  Islands  and  Iletts  lyinge 
within  Five  leagues  distance  of  the  maine  beinge  opposite  and  abuttinge  uppon  the 
premisses  or  any  part  thereof  not  formerly  lawfully  graunted  to  any  by  speciall 


Boundaries  of  the  State  of  New  York.  371 

Delaware  River  and  Connecticut  River,  by  the  name  of  the  Province  of 
New  York,  including  therein  the  said  Islands  of  Stirling  or  Long  Island 
and  in  the  year  1664  King  Charles  the  Second  sent  out  Sir  Rob*  Carr 
and  Col.  Richard  Nicholl  with  an  armed  force  to  conquer  the  Dutch 
Colony  of  Nieu  Netherland,  which  was  effected  the  same  year. 

That  the  said  Earl  of  Stirling  made  frequent  application  to  the  said 
Duke  of  York  for  the  payment  of  the  said  .£7000  but  never  could  obtain 
payment  of  the  same  or  any  part  thereof  And  in  the  10th  day  of 
November  1674  the  Duke  of  York  agreed  in  lieu  of  the  said  £7000  to 
give  the  said  Earl  a  Pension  of  £300  per  annum  out  of  the  Revenues 
arising  from  his  Province  of  New  York;  but  tho:  frequent  application 
was  made  to  His  Royal  Highness  for  the  payment  of  the  said  Pension, 
and  after  he  came  to  the  Crown  the  like  application  was  made  to  him 
and  from  time  to  time  continued  to  his  Successors  down  to  the  year 
1712,  no  recompence  has  yet  been  obtained. 

That  on  the  Duke  of  York's  succession  to  the  Crown,  the  said  Province 
of  New  York  became  part  of  the  inheritance  of  the  Crown,  and  Quit 
Rents  of  the  same,  together  with  those  of  the  said  Islands  of  Stirling 
or  Long  Island  have  ever  since  been  received  by  the  Receiver  General 
of  His  Majesty's  Revenues  of  the  Province  of  New  York. 

That  the  Pet"  humbly  apprehend,  that  they  are,  as  heirs  of  the  said 
Earl  of  Stirling  intitled  in  Equity  to  the  said  Islands  of  Stirling  or  Long 

name  And  all  mynes  mineralls  quarries  soyles  and  woods  marishes  rivers  waters 
lakes  fishinge  hawkinge  huntinge  and  fowlinge  and  all  other  Royalties  Jurisdiccons 
priviledges  preheminences  proffitts  comodities  and  hereditaments  whatsoever  with 
all  and  singuler  theire  and  every  of  theire  appurtenances  And  together  alsoe  with 
all  Rents  reserved  and  the  benefitt  of  all  profitts  due  to  them  the  said  Oounsell  and 
theire  Successors  with  power  of  Judicature  in  all  causes  and  matters  whatsoever  as 
well  criminall  as  Capitall  and  Civile  ariseinge  or  which  may  hereafter  arise  within 
the  limitts  bounds  and  precincts  aforesaid  to  be  exercised  and  executed  accordinge 
to  the  Lawes  of  England  as  neere  as  may  be  by  the  said  William  Lord  Alexander  J.  R, 
his  heires  or  assignes  or  his  or  theire  Deputies  Lieuten'nts  Judges  Stewards  or 
Officers  thereunto  by  him  or  them  assigned  deputed  or  appointed  from  time  to  time 
with  all  other  priviledges  francheses  liberties  imunities  escheates  and  casualties 
thereof  arriseinge  or  which  shall  or  may  hereafter  arise  within  the  said  Limitts  and 
precincts  with  all  the  interest  right  title  claime  and  demaund  whatsoever  which  the 
said  Counsell  and  theire  Successors  nowe  of  right  have  or  ought  to  have  or  claime 
or  may  have  or  acquire  hereafter  in  or  to  the  said  porcon  of  Lands  or  Islands  or 
any  the  premisses  and  in  as  free  ample  large  and  beneficiall  manni  r  to  all  intents 
constructions  and  purposes  whatsoever  as  the  said  Councell  by  vertue  of  his  Maties  J.  R. 
said  Letters  Patents  may  or  cann  graunt  the  same  Saveinge  and  allwayes  reservinge 
unto  the  said  Counsell  and  theire  Successors  power  to  receave  heare  and  determine 
all  and  singider  appeale  and  appeales  of  every  person  and  persons  whatsoever 
dwellinge  or  inhabitinge  within  the  said  Territories  and  Islands  or  any  part  thereof 
soe  graunted  as  aforesaid  of  and  from  all  Judgements  and  Sentences  whatsoever 
given  within  the  said  Lands  and  Territories  aforesaid  To  have  and  to  holde  all 


372  Copies  of  Documents  Relating  to  the 

Island,  or  the  Consideration  money  which  was  agreed  to  be  paid  for  the 
same,  but  the  said  Islands  being  now  inhabited  and  possessed  by  many 
thousands  of  His  Majesty's  good  subjects  who  have  long  enjoyed  their 
estates  under  Grants  from  His  Majesty  and  his  predecessors,  or  by  bona 
fide  purchases  from  Grantees  under  the  Crown,  who  have  regularly  paid 
their  Quit-Rents  to  the  Receiver  General,  and  on  whom  it  would  now 
be  the  greatest  hardship  and  distress  to  purchase  a  New  Title  to  their 
possessions  from  the  Pet™  or  be  dispossessed  of  the  same  by  Suits  at  Law. 

Your  Petitioners  therefore  most  humbly  pray  your  Majesty  would  be 
graciously  pleased  to  order  payment  to  be  made  to  them  of  the  £7000 
with  the  Interest  thereof,  or  to  give  directions  that  such  lands  in  the 
said  Islands  of  Stirling  or  Long  Island  as  have  not  been  hitherto  granted 
by  the,  said  Duke  of  York,  afterwards  King  James  the  2d  or  any  of  His 
Successors,  may  be  restored  to  your  Petitioners;  And  the  Quit  Rents 
now  arising  from  the  lands  which  have  been  so  granted,  may  for  the 
future  be  paid  to  your  Petitioners. 

And  Your  Pet™  as  in  duty  bound  shall  ever  Pray  &c. 

Stirling 

Wm  Phillips  Lee 
[June  1760.]  Mart  Trumbull 

— [M  T.  Col.  Doc,  vii.,  430. 

and  singuler  the  Lands  and  premisses  above  by  theis  pnts  graunted  (excepte  before 
excepted)  with  all  and  all  manner  of  proffltts  comodities  and  hereditaments  what 
soever  within  the  Lands  and  premisses  aforesaid  or  to  the  said  Lands  Islands  and 
premisses  or  any  of  them  in  any  wise  belonginge  or  apperteyninge  unto  the  said 
William  Lord  Alexander  his  heires  and  assignes  To  the  only  proper  use  and 
behoofe  of  him  the  said  William  Lord  Alexander  his  heires  and  assignes  for  ever 
To  be  holden  of  the  said  Counsell  and  theire  Successors  per  Gladium  Comitatus 
(that  is  to  say  by  flndeinge  foure  able  men  conveniently  armed  and  arrayed  for  the 
warre  to  attend  uppon  the  Governor  of  Newe  England  for  the  publeque  Service 
within  fourteene  dayes  after  any  warninge  given  or  Yeildinge  and  payinge  unto 
the  said  Counsell  and  theire  Successors  for  ever  one  fift  part  of  all  the  Oars  of  the 
mynes  of  gold  and  silver  which  shalbe  had  possessed  or  obteyned  within  the  limitts 
or  precincts  aforesaid  for  all  Rents  Services  dueties  and  demaunds  whatsoever  due 

unto  the  said  Co theire  Successors  from  any  plantacon  within  the  precincts 

aforesaid  The  same  to  be  delivered  unto  his  Matles  Receiver  or  Deputie  or  Depu- 
ties assigned to  the  use  of  his  Mat,e  his  heires  and  Successors 

from  time  to  time  the  Lands  precincts  and  Territories  of  Newe  England 

aforesaid  Given aid  Cour 

Seale  the  two  and  twentith  day  of  Aprill  in  the  eleventh  yeare  of  the  Raigne 

of  our  so 

—{British  State  Papers  (MS.  ?),  Colonial  Series,  1634  and  1635,  vol.  8,  No.  56. 

I  certify  that  the  foregoing  is  a  true  and  authentic  Copy. 
14  November  \  JOSEPH  REDINGTON    [l.  a] 

1879.        )  Assistant  Keeper  of  (he  Public  Records. 


^XVERSITI 


Boundaries  of  the  State  of  New  York. 

[Endorsement.]    3d  September  1761. 

Petition  of  John  Anderson  for  three  Small  Islands  in  the  East  River 
Near  Byram  River     3d  September  1761  Read  in  Council  &  Granted 

To  the  Honob.le  Cadwallader  Colden  Esqf  His  Majesty's  Lieu- 
tenant Governor  and  Commander  in  Chief  of  the  Province 
of  New  York  and  the  Territories  depending  thereon  in 

America. 

In  Council — 
The  Petition  of  John  Anderson  — 

Humbly  Sheweth 

That  there  are  three  Small  Islands,  the  largest  of  which 
contains  Sixteen  Acres,  and  is  Known  by  the  Name  of  the  Great  Cap- 
tains Island,  another  of  the  said  Islands  containing  two  Acres,  and  the 
other,  half  an  Acre  of  Land ;  lying  in  the  East  River  near  Byram  River 
within  this  Government:  and  the  said  Islands  being  Vested  in  the 
Crown,  and  Convenient  for  your  Petitioners  Improvement  — 

Your  Petitioner  therefore  Humbly  prays  Your  Honour  will 
be  favourably  pleased  to  grant  to  him  and  his  Heirs  His 
Majesty's  Letters  Patent  for  the  said  three  Islands  under  the 
Quit  Rent  and  other  Terms  prescribed  by  his  Majesty's 
Instructions 

And  your  Petitioner  as  in  Duty 
bound  shall  ever  Pray  &c. 

New  York  3d  September  1761.  JN°  ANDERSON. 

— [2V.  T.  Land  Papers  (MS.),  xvi,  87. 


igilf  X^tXS  4JL3EXCllXWXX1[  the  Honourable  Robert  Monckton 
Captain  General  and  Governor  in  Chief  in  and  over  the  Province  of 
New  York  and  the  Territories  depending  thereon  in  America,  Vice 
Admiral  of  the  same  and  Major  General  of  his  Majesty's  Forces. 
Archibald  Kennedy  Esquire  Collector  and  Receiver  General  of  the  said 
Province,  and  Alexander  Colden  Esquire  Surveyor  General  of  the  said 
Province,  Commissioners  appointed  by  his  late  Majesty's  Instructions 
for  the  setting  out  of  all  Lands  to  be  granted  within  the  Province  of 
New  York.  —  To  all  to  whom  these  presents  shall  come  or  may  concern 
Greeting.  Whereas  John  Anderson  by  his  humble  Petition  presented 
unto  the  Honourable  Cadwallader  Colden  Esquire  Lieutenant  Governor 
and  then  Commander  in  Chief  of  the  said  Province  in  Council  on  the 
third  Day  of  September  One  Thousand  seven  Hundred  and  sixty  one, 
did  humbly  pray  his  Majesty's  Letters  patent  to  him  his  Heirs  and 
Assigns  for  three  small  Islands  vested  in  the  Crown  —  situate  lying  and 


374  Copies  of  Documents  Relating  to  the 

being  in  the  East  River  near  Byram  River  within  this  Province,  The 
largest  of  which  known  by  the  Name  of  the  Great  Captain's  Island  con- 
tains sixteen  Acres,  one  other  of  the  said  Islands  containing  two  Acres 
And  the  other  half  an  Acre  of  Land;  Which  Petition  having  been  then 
and  there  read  and  considered  of,  his  Majesty's  Council  did  afterwards 
on  the  same  Day  humbly  advise  the  said  Lieutenant  Governor  to  grant 
to  the  said  Petitioner  his  Majesty's  Letters  Patent  for  the  said  three 
Islands  under  the  Quit  Rent  prescribed  by  his  Majesty's  Instructions 
Wherefore  in  Obedience  to  his  Majesty's  Instructions  We  do  hereby 
Certify  that  we  have  set  out  for  the  said  John  Anderson  All  those  three 
certain  Islands  lying  in  the  County  of  Westchester  in  the  East  River 
or  Sound  commonly  called  or  known  by  the  Name  of  the  Captains 
Islands.  The  largest  of  the  said  Islands  known  by  the  Name  of  the 
Great  Captain's  Island  containing  sixteen  Acres  and  an  half  bears  East 
South  East  half  East  from  a  Point  of  Land  at  the  Mouth  of  Byram 
River  where  it  falls  into  the  said  Sound,  commonly  called  and  known 
by  the  Name  of  Lyons  Point.  The  middlemost  of  the  said  Islands  con- 
taining two  Acres  and  an  half,  bears  East  half  South  from  the  said 
Lyons  Point  and  the  Third  or  northernmost  of  the  said  Islands  contain- 
ing half  an  Acre,  bears  East  from  the  said  Lyons  Point.  The  said  three 
Islands  containing  together  Nineteen  Acres  and  an  half  of  Land.  Given 
under  our  Hands  in  the  City  of  New  York  the  Twenty  eighth  Day  of 
September  One  Thousand  seven  Hundred  and  sixty  two,  in  the  second 
Year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace 
of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith 

and  so  forth. 

ROBERT  MONCKTON 

ARCH?  KENNEDY 

ALEX*  COLDEN 

— [N.  T.  Patents  {MS.),  xiii,  501. 


©£0£jj£  the  Third  by  the  Grace  of  God  of  Great  Britain  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth  To  all  to  whom 
these  Presents  shall  come  Greeting.  Whereas  our  loving  Subject 
John  Anderson  by  his  humble  Petition  presented  on  the  third  Day  of 
September  which  was  in  the  Year  of  our  Lord  One  Thousand  seven 
Hundred  and  sixty  one  to  our  trusty  and  well  beloved  Cadwallader 
Colden  Esquire  our  Lieutenant  Governor  and  then  our  Commander  in 
Chief  of  our  Province  of  New  York  and  the  Territories  depending 
thereon  in  America  in  Council  did  humbly  pray  our  Letters  Patent  to 
him  his  Heirs  and  Assigns  for  three  small  Islands  vested  in  us  situate 
lying  and  being  in  the  East  River  near  Bryam  River  within  our  said 


Boundaries  of  the  State  of  New  York.  375 

Province,  the  largest  of  which  known  by  the  Name  of  the  Great  Cap- 
tains Island  contains  Sixteen  Acres,  One  of  the  other  two  Islands  con- 
taining two  Acres,  and  the  other  half  an  Acre  of  Land.  Which  Petition 
having  been  then  and  there  read  and  considered  of  our  said  Council 
did  afterwards  on  the  same  Day  humbly  advise  our  said  Lieutenant 
Governor  to  grant  to  the  said  Petitioner  our  Letters  Patent  for  the  said 
three  Islands  under  the  Quit  Rent  prescribed  by  our  Royal  Instructions 
Wherefore  in  Obedience  to  our  Royal  Instructions  for  that  Purpose,  our 
Commissioners  thereby  appointed  for  the  Setting  out  all  Lands  to  be 
granted  within  our  said  Province  have  set  out  for  him  the  said  John 
Anderson  All  those  three  certain  Islands  lying  in  the  County  of  West- 
chester in  the  East  River  or  Sound,  commonly  called  or  known  by  the 
Name  of  the  Captains  Islands,  The  largest  of  the  said  Islands  known 
by  the  Name  of  the  Great  Captains  Island,  containing  sixteen  Acres 
and  an  half,  bears  East  South  East  half  East  from  a  Point  of  Land  at 
the  Mouth  of  Bryam  River  where  it  falls  into  the  said  Sound,  com- 
monly called  and  known  by  the  Name  of  Lyon's  Point.  The  middle- 
most of  the  said  Islands  containing  two  Acres  and  an  half  bears  East 
half  South  from  the  said  Lyon's  Point :  And  the  Third  or  Northern- 
most of  the  said  Islands  containing  half  an  Acre  bears  East  from  the 
said  Lyons  Point.  The  said  three  Islands  together  containing  Nineteen 
Acres  and  an  half  of  Land.  As  by  a  Certificate  thereof  under  the  Hands 
of  our  said  Commissioners  bearing  Date  the  Twenty  eighth  Day  of 
September  now  last  past  and  entered  of  Record  in  our  Secretary's  Office 
in  our  City  of  New  York  may  more  fully  appear.  Which  said  three 
several  Islands  we  being  willing  to  grant  to  him  the  said  John  Anderson 
his  Heirs  and  Assigns  for  ever  Know  Ye  therefore  that  of  our  especial 
Grace  certain  Knowledge  and  meer  Motion  We  have  given  granted 
ratified  and  confirmed  and  do  by  these  presents  for  us  our  Heirs  and 
Successors  give  grant  ratify  and  confirm  unto  him  the  said  John  Ander- 
son his  Heirs  and  Assigns  for  ever  All  those  the  above-mentioned  three 
several  Islands  (lying  in  the  County  of  Westchester  in  the  East  River 
or  Sound)  commonly  called  and  known  by  the  Name  of  the  Captains 
Islands,  Together  with  all  and  singular  the  Tenements  Hereditaments 
Emoluments  and  Appurtenances  to  the  same  belonging  or  appertaining 
And  also  all  our  Estate,  Right,  Title,  Interest,  Possession,  Claim  and 
Demand  whatsoever  of  in  and  to  the  same  Islands  and  Premises  and 
every  part  and  parcel  thereof.  And  the  Reversion  and  Reversions 
Remainder  and  Remainders,  Rents,  Issues  and  Profits  of  the  same  Islands 
and  Premises,  and  every  part  and  parcel  of  the  same  Except  and  always 
reserved  out  of  this  our  present  Grant  unto  us  our  Heirs  and  Successors 
for  ever  All  Mines  of  Gold  and  Silver  And  aiso  all  white  or  other  sort 
of  Pine  Trees  fit  for  Masts   of  the  Growth  of   Twenty  four   Inches 


376  Copies  of  Documents  Relating  to  the 

Diameter  and  upwards  at  Twelve  Inches  from  the  Earth  for  Masts  for 
the  Royal  Navy  of  us  our  Heirs  and  Successors.  To  have  and  to  hold 
the  said  three  Islands  Tenements  Hereditaments  and  Premises  by  these 
presents  granted  ratified  and  confirmed  and  every  Part  and  parcel 
thereof  with  all  the  Appurtenances  to  the  same  belonging  (Except  as  is 
herein  before  excepted)  unto  the  said  John  Anderson  his  Heirs  and 
Assigns.  To  the  only  proper  Use  and  Behoof  of  the  said  John  Ander- 
son his  Heirs  and  Assigns  for  ever.  To  be  holden  of  us  our  Heirs  and 
Successors  in  free  and  common  Socage  as  of  our  Manor  of  East  Green 
wich  in  our  County  of  Kent  within  our  Kingdom  of  Great  Britain 
Yielding  rendring  and  Paying  therefore  yearly  and  every  Year  for  ever 
unto  us  our  Heirs  and  Successors  at  our  Custom  House  in  our  City  of 
New  York  unto  our  or  their  Collector  or  Receiver  General  there  for 
the  Time  being  on  the  Feast  of  the  Annunciation  of  the  blessed  Virgin 
Mary  commonly  called  Lady  Day  the  yearly  Rent  of  two  Shillings  and 
six  Pence  Sterling,  in  Lieu  and  Stead  of  all  other  Rents,  Services,  Dues 
Duties,  and  Demands  whatsoever  for  the  hereby  granted  Islands  and 
Premises  or  any  Part  thereof, "  Provided  always  and  upon  Condition 
nevertheless,  that  if  the  said  John  Anderson  his  Heirs  or  Assigns,  or 
any  other  Person  or  Persons  by  his  their  or  any  of  their  Privity  Consent 
or  Procurement  shall  fell,  cut  down  or  otherwise  destroy  any  of  the 
Pine  Trees  by  these  presents  reserved  to  us  our  Heirs  and  Successors, 
or  hereby  intended  so  to  be,  without  the  Royal  Lycence  of  us  our  Heirs 
and  Successors  for  so  Doing  first  had  and  obtained  That  then  this  our 
present  Grant  and  every  Thing  therein  contained  shall  cease  and  be 
absolutely  void,  and  the  Lands  and  Premises  hereby  granted  shall  revert 
to  and  vest  in  us  our  Heirs  and  Successors  as  if  this  our  present  Grant 
had  never  been  made  any  Thing  herein  before  contained  to  the  Contrary 
in  any  wise  notwithstanding.  Provided  further  and  upon  Condition  also 
nevertheless  And  we  do  hereby  for  us  our  Heirs  and  Successors  direct 
and  appoint  that  this  our  present  Grant  shall  be  registred  and  entered 
on  Record  within  six  Months  from  the  Date  hereof  in  our  Secretary's 
Office  in  our  City  of  New  York  in  our  said  Province  in  one  of  the  Books 
of  Patents  there  remaining  And  that  a  Docquet  thereof  shall  be  also 
entered  in  our  Auditors  Office  there  for  our  said  Province  And  that  in 
Default  thereof  this  our  present  Grant  shall  be  void  and  of  none  Effect, 
any  Thing  before  in  these  presents  contained  to  the  Contrary  thereof 
in  any  wise  notwithstanding.  And  we  do  moreover  of  our  especial  Grace 
certain  Knowledge  and  meer  Motion  consent  and  agree  that  this  our 
present  Grant  being  registred,  recorded  and  a  Docquet  thereof  made  as 
before  directed  and  appointed  shall  be  good  and  effectual  in  the  Law  to 
all  Intents  Constructions  and  Purposes  whatsoever  against  us  our  Heirs 
and  Successors  notwithstanding  any  Misreciting,  Misnaming  or  oth«r 


Boundaries  of  the  State  of  New  York.  377 

Imperfection  or  Omission  of  in  or  any  wise  concerning  the  above  granted 
or  hereby  mentioned  or  intended  to  be  granted  Islands  Tenements 
Hereditaments  and  Premises  or  any  part  thereof  In  Testimony  whereof 
we  have  caused  these  our  Letters  to  be  made  patent  and  the  Great  Seal 
of  our  said  Province  to  be  hereunto  affixed.  Witness  our  trusty  and 
well  beloved  Robert  Monckton  our  Captain  General  and  Governor  in 
Chief  in  and  over  our  Province  of  New  York  and  the  Territories  depend- 
ing thereon  in  America,  Vice  Admiral  of  the  same  and  Major  General 
of  our  Forces,  at  our  Fort  in  our  City  of  New  York,  the  Twenty  sixth 
Day  of  January  in  the  year  of  our  Lord  One  Thousand  seven  Hundred 
and  sixty  three  and  of  our  Reign  the  third. 

CLARKS 
—[A7:  T.  Patents  {MS.),  xiii,  502. 


Wbit   issued  against    John  Anderson  for  alleged    trespass  on 

Captain's  Island. 

September  14,  1764. 

To  the  Sheriff  of  ye  County  of  Fairfield  his  Deputy  or  Either  of  ye  Con- 
stables of  Greenwich  within  said  County  Greeting  — £ 
In  his  Majesties  Name  you  are  hereby  Commanded  to  Attach  ye  Goods 
or  Estate  of  John  Anderson  of  Oysterbay  in  Queens  County  on  Nassau' 
Island  in  ye  Province  of  New  York  now  Resident  in  said  Greenwich  to 
ye  Vallue  of  One  thousand  Pounds  Lawfull  money  &  for  want  thereof 
to  Attach  ye  Body  of  y°  said  John  Anderson  if  he  may  be  found  in  your 
Precincts  &  him  Safely  keep  &  have  to  Appear  before  ye  County  Court 
to  be  holden  at  Fairfield  within  &  for  ye  County  of  Fairfield  on  ye  3d 
Tuesday  of  Novemr  Next  then  &  there  to  answer  unto  Justus  Bush 
David  Bush  Willm  Bush  &  John  Gregg  all  of  s.d.  Greenwich  ;  In  a  Plea 
of  Tresspass  bro't  on  one  certain  Statute  Law  of  this  Colony  Entituled 
an  Act  for  detecting  &  punishing  Trespasses  in  diverse  Cases  &  Direct- 
ing proceedings  therein  ;  Wherein  among  other  things  it  stands  Enacted 
"That  no  person  or  persons  shall  cut,  fell,  destroy,  or  carry  away  any 
Tree  or  Trees  Timber  or  Underwood  whatsoever,  Standing,  lying,  or 
growing  on  ye  Land  of  any  Other  person  or  persons  or  off  or  from  any 
sequestred  Lands  for  Town  Common  or  any  Comon  or  Undivided  Lands 
in  any  Town:  without  Leave  or  Licence  of  yc  Owner  or  Owners  of  such 
Lands  ;  Whereon  such  Trees,  Wood,  Timber  or  Underwood  was  Stand- 
ing lying  or  growing.  On  pain  that  every  Such  Person  so  cutting  felling 
destroying  or  carrying  away  ye  Same  ;  or  that  shall  be  Aiding  or  Assist- 
ing therein,  Shall  for  every  such  Tresspass  forfeit  &  pay  to  the  party  or 
partys  Injured  or  trespassed  upon  ye  Sum  of  ten  Shillings  for  every  Tree 

1  The  former  name  of  Long  Island. — [P. 


378  Copies  of  Documents  Relating  to  the 

of  one  foot  over ;  and  for  all  Trees  of  greater  Dimensions  three  Times 
y*  Vallue  thereof  besides  ten  Shillings  as  afores*  ;  And  five  Shillings  for 
every  Tree  or  Pole  under  y*  Dimensions  of  one  foot  Diamiter  &c ;" 
Whereupon  ye  Pit  Declares  &  says  yl  ye  Def  the  Pains  &  Penalties  of 
said  Statute  not  in  ye  least  regarding  in  Greenwich  aforesaid  on  or  about 
y*  first  Day. of  August  last  &  at  Sundry  other  Times  within  three  years 
now  last  past,  with  force  and  Arms,  without  Law  or  Right  &  without 
Leave  or  Licence  together  with  others  to  ye  Pit8  unknown  did  enter  into 
&  upon  ye  Pit*  Land  to  them  ye  Pit"  then  &  Still  belonging  &  then  & 
Still  in  their  Possession  being ;  lying  in  said  Greenwich  near  Horseneck 
Field,  so  called  in  Quantity  about  Twenty  Acres  comonly  called  & 
known  by  y*  Name  of  ye  great  Captain's  Island  so  called  in  said  Green- 
wich &  bounded  on  all  Sides  by  ye  salt  Sea  otherwise  called  ye  Sound 
And  ye  Def1  being  so  thereinto  &  thereupon  unlawfully  entred  together 
with  Others  to  y*  Pits  unknown  as  aforesaid,  did  then  &  there  &  at 
sundry  other  Times  within  three  years  now  leest  past  as  aforsd  with 
ye  Same  force  &  Arms  Aforsd  without  Law  or  Right  without  Leave 
or  Licence  and  together  with  Others  to  ye  Pits  Unknown  as  Aforesaid 
cut,  fell,  Destroy  &  carry  away  off  &  from  ye  Plts  Said  Land  Two 
thousand  of  ye  Plts  good  Timber  trees  or  Poles  under  ye  Dimensions 
of  One  foot  Diameter,  all  which  sd  good  timber  Trees  or  Poles  of 
ye  Pits  were  then  &  there  found  standing  growing  &  being  on  ye 
Pits  Said  Land  to  them  belonging  &  then  in  their  Possession  being 
as  afores4;  all  which  is  contrary  to  ye  Form,  Force  &  Effect  of  said 
Statute ;  and  to  ye  Damage  of  ye  Pits  y*  Sum  of  Five  hundred  Pounds 
Lawfull  money  by  force  of  sd  Statute  ye  Deft  by  Means  of  his  wrong 
&  unlawfull  doings  aforesaid  hath  forfeited  &  ought  to  pay ;  and 
for  the  recovery  thereof  &  Costs  ye  Pits  bring  this  Suit  (Bond  for 
prosecution  being  given)  hereof  fail  not  and  of  this  Writ  with  your 
Doings  thereon  make  due  Return  according  to  Law  ;  Dated  at  Green- 
wich ye  14th  Day  of  Septemr  A  D :  1764  — 

PETER  MEAD  Justice  of  Peace 

A  true  Copy  of  ye  Orig"  Writ  on  file 
Examd  P  David  Burr  Clerk 

Faii-field  Novf  C.  Court  ) 

3d  Tuesday  1764  j  Justus  Bush  &c  Plts  v8  John  Anderson  Def  in 
a  Plea  of  Tresspass  for  cutting  Timber  &c  on  ye  Island  called  Captain's 
Island  as  $  Writ  on  file  dated  Septemr  14'.h  A  D:  1764  — Now  ye  Def 
comes  into  Court  &  prays  Judgment  of  this  Process  &  that  ye  Same 
may  abate  &  be  Dismised  because  he  says  that  ye  s?  Island  whereon 
y*  facts  are  Said  to  be  Done  was  at  ye  Time  of  doing  ye  facts  complained 
of  &  now  is  in  &  belongs  to  y*  Province  of  New  York  and  therefore 


Boundaries  of  the  State  of  New  Yohx.  379 

this  Action  being  a  local  Action  Ought  to  be  heard  &  tryed  in  said 
Province  wherein  sd  Island  Lyes,  and  not  in  this  Colony  as  no  Court  in 
this  Colony  can  by  Law  hold  plea  or  take  Cognizance  of  this  Cause ; 
this  ye  Def  is  ready  to  Verify  &  thereof  prays  Judgm'  &c — 

HILLHOUSEK       .Def_ 
BURR  S       J 

And  ye  Pit  Replys  to  ye  Plea  of  ye  Def  above  in  Abatement  pleaded 
&  Says  this  Process  ought  not  to  Abate  for  that  ye  said  Island  where 
ye  facts  charged  in  the  Pits  Declaration  were  done  was  &  is  within  ye 
bounds  &  Limits  of  ye  Colony  of  Connecticut  &  ye  Charter  by  his  late 
Majesty  Ch8  2d  granted  to  ye  Govern1"  &  Compf.  of  said  Colony  &  within 
ye  County  of  Fairfield  in  sd.  Colony:  And  therefore  this  Hon1!  Court  have 
by  Law  Jurisdiction  of  this  Cause  &  ought  to  hold  Plea  thereof  without 
that  that  ye  said  Island  whereon  said  Facts  were  done  was  at  ye  Time 
of  doing  ye  facts  Complained  of  &  now  is  in  &  belongs  to  ye  Province 
of  New  York  in  manner  &  form  as  ye  Def  in  his  Plea  hath  alledged  & 
this  he  is  Ready  to  Verify  &c  Judgm*  &c. 

SILLIMAN) 

JOHNSON  )        y 
A  true  Copy  of  ye  Pleas  on  file 

Examd  f  David  Burr  Clerk 
— [JST.  Y.  Col.  MSS.,  xcii,  145. 


[In  N.  Y.  Council.] 

February  6,  1765. 

The  Petition  of  John  Anderson  was  laid  before  the  Board  and  read, 
setting  forth,  among  other  Things,  that  his  Majesty  by  his  Letters 
Patent  of  the  26^  January  1763,  did  grant  unto  him  and  his  heirs,  three 
small  Islands  lying  in  the  Sound  :  That  on  one  of  the  said  Islands  he 
has  erected  a  good  dwelling  House,  and  did  retain  the  peaceable  enjoy- 
ment of  the  Premisses,  until  last  Fall,  when  Justus  Bush,  David  Bush, 
William  Bush,  aijd  John  Gregg,  Inhabitants  of  Connecticut,  by  pretext 
of  Title  under  the  Corporation  of  that  Colony,  caused  the  Petitioner  to 
be  prosecuted,  considering  his  Improvements  under  this  Province  as  a 
Trespass  and  Offence  against  one  of  the  By  Laws  of  the  said  Corpora- 
tion— That  the  Petitioner  took  the  only  Step  in  his  Power  which  was  to 
plead  to  their  Jurisdiction,  and  that  this  issue  will  be  tryed  at  the 
Superior  Court  on  the  third  Tuesday  of  February  Instant  :  And  conceiv- 
ing himself  utterly  unable  to  contend  with  a  whole  Colony,  and  as  this 
Controversy  respecting  the  Jurisdiction  of  the  two  Governments,  may 
affect  that  of  many  other  valuable  Islands  in  the  Sound,  the  Petitioner 


380  Copies  of  Documents  Relating  to  the 

humbly  prays  the  interposition  of  this  Government,  to  secure  to  him 
the  Royal  Bounty  granted  to  him  and  his  heirs ;  assert  the  Dignity  of 
the  Crown;  and  maintain  the  Jurisdiction  of  the  Province. 

And  his  Honour  requiring  the  Opinion  and  advice  of  the  Board  there- 
upon, The  Council  advised  his  Honour  to  lay  a  Copy  of  the  said  Petition 
before  the  Governor  of  Connecticut,  and  to  propose  to  that  Government, 
to  submit  the  Matter  of  Jurisdiction,  with  respect  to  these  Islands,  and 
such  others  in  the  Sound  as  are  or  may  be  contested,  to  the  Determina- 
tion of  his  Majesty  in  his  privy  Council;  on  such  State  of  the  Contro- 
versy, as  each  Government  shall  think  proper  to  transmit  to  his  Majesty's 
Ministers — A  Method,  that  will  answer  the  same  End  as  a  Commission 
in  the  usual  Form,  and  which,  being  attended  with  little  or  no  Expence, 
seems  better  adapted  to  a  Case  wherein  the  publick  Interest  in  either 
Government  is  inconsiderable :  And  that  in  the  mean  time  all  Judicial 
Proceedings  be  suspended,  as  ineffectual,  and  necessarily  tending  to 
create  Animosities  between  Individuals,  and  to  embroil  the  two  Govern- 
ments. 
— [IF.  Y.  Council  Minutes  (MS.),  xxvi,  3. 


[Endorsement.]  Draft  —  Letter  to  the  GovT  of  Connecticut  propos- 
ing to  submit  to  the  Determination  of  his  Majesty  in  his  privy  Council 
the  Jurisdiction  of  the  Islands  in  the  Sound  — 

New  York  12th  February  1765. 
Sir 

Having  laid  before  his  Majesty's  Council  the  inclosed  Petition  of  John 
Anderson,  holding  by  Grant  under  the  Great  Seal  of  this  Province  three 
Islands  in  the  Sound;  and  complaining  that  he  has  lately  been  sued  by 
Justus  Bush,  David  Bush,  William  Bush,  &  John  Gregg,  Inhabitants  of 
the  Colony  of  Connecticut,  for  a  supposed  Trespass  on  one  of  those 
Islands  called  Captains  Island;  and  praying  the  Interposition  of  this 
Government,  in  order  to  secure  to  him  the  Effect  of  the  Royal  Bounty. 
I  am  by  the  advice  of  the  Council  to  propose  to  your  Government,  the 
submitting  the  Matter  of  Jurisdiction  with  respect  to  these  Islands,  and 
such  others  in  the  Sound  as  are  or  may  be  contested,  to  the  Determina- 
tion of  his  Majesty  in  his  Privy  Council,  on  such  State  of  the  Contro- 
versy as  each  Government  shall  think  proper  to  transmit  to  his  Majesty's 
Ministers  for  this  purpose;  and  that  in  the  Mean  Time  all  Judicial  Pro- 
ceedings be  suspended,  as  ineffectual,  and  necessarily  tending  to  create 
Animosities  between  Individuals,  and  to  embroil  the  two  Governments. 
As  the  Method  proposed  will  answer  the  same  End  as  a  Commission  in 
the  usual  Form,  and,  being  attended  with  little  or  no  Expence,  seems 
better  adapted  to  a  Case  in  which  the  Publick  Interest  in  either  Colony  is 


Boundaries  of  the  State  of  New  York.  381 

inconsiderable.     I  flatter  myself  it  will  meet  with  ye  Approbation  of 
yours;  in  which  Case  I  shall  order  the  proper  Papers  to  be  prepared,  and 
shall  transmit  them  without  Delay. — 
—[N.  Y.  Col.  MSS.y  xciii,  36. 


[GOVEBNOB   OF    CONNECTICUT  TO    GOVEBNOB    OF   NEW   YoBK.] 

Norwalk  18*  June  1765— 
Sir 

Having  in  my  Letter  of  the  22?  of  February  in  Answer  to  yours  of 
the  12*  of  that  month  concerning  the  three  small  Islands  in  the  Sound 
said  to  be  granted  to  John  Anderson  under  the  Seal  of  your  Province 
signified  my  Intention  of  laying  the  proposal  you  made  of  submitting 
the  matter  of  Jurisdiction  to  the  King  in  Council,  before  the  General 
Assembly  of  this  Colony  for  their  Determination ;  which  being  done, 
and  the  matters  having  been  considered  by  them,  I  am  now  to  acquaint 
you  by  the  desire  of  the  Assembly  that  this  Colony  as  such  have  never 
at  all  interposed  in  that  Affair;  but  as  it  was  originally  a  matter  of  Dis- 
pute relative  to  private  Property  have  Entirely  left  the  same  to  the 
decision  of  the  Courts  of  Law — 

That  altho  it  relates  to  the  Jurisdiction  of  the  Governments,  yet  the 
Estate,  in  Controversy  appears  to  be  so  inconsiderable,  as  scarcely  to 
require  or  deserve  the  attention  of  the  Governments,  or  to  be  in  any 
Degree  adequate  to  the  Expence,  which  would  unavoidably  attend  the 
mode  of  Determination,  proposed  by  you:  —  and  further  that  the  Lines 
and  Boundaries,  between  the  two  Colonies,  have  been  so  Effectually  and 
finally  settled,  by  solemn  agreements,  ratified  and  confirmed,  by  His 
Majestys  Royal  Predecessors,  that  there  appears,  no  reasonable  Founda- 
tion, for  further  Controversy,  relative  thereto  — 

I  am  Sir  with  great  Regard  your 

most  Obedient  &  most  hum1'  Serv*_ 
The  Honb-*  Cadwallader  Colden  Esqr 

—  [W.  Y.  Col.  MSS.,  xciii,  73. 


[In  N.  Y.  Council.] 

July  8,  1765. 
*  *  *  * 

His  Honour  laid  before  the  Council,  a  Letter  of  the  18*  June  last,  from 
Mf  Fitch  Governor  of  Connecticut,  unsigned,  In  Answer  to  his  Honor's 
Letter  of  the  12*  of  February  [proposing  to  refer  to  the  Determination 
of  his  Majesty  in  his  Privy  Council,  the  Jurisdiction  of  the  two  Govern- 
ments with  respect  to  three  small  Islands  granted  in  this  Province  to 


382  Copies  of  Documents  Relating  to  the 

John  Anderson,  and  such  other  Islands  lying  in  the  Sound  as  may  be 
contested]  signifying,  at  the  Desire  of  his  Assembly,  "  that  that  Colony 
as  such,  have  never  at  all  interfered  in  that  Affair,  but  as  it  was  origin- 
ally a  Matter  of  Dispute  relative  to  private  Property,  have  intirely  left 
the  same  to  the  Decision  of  the  Courts  of  Law. — That  altho'  it  relates 
to  the  Jurisdiction  of  the  Governments,  yet  the  Estate  in  Controversy 
appears  to  be  so  inconsiderable,  as  scarcely  to  require  or  deserve  the 
Attention  of  the  Governments,  or  to  be  in  any  degree  adequate  to  the 
Expence  which  would  unavoidably  attend  the  Mode  of  Determination 
proposed  by  his  Honor  —  And  further  that  the  Lines  and  Boundaries 
between  the  two  Colonies,  have  been  so  effectually  and  finally  setled  by 
solemn  Agreements,  ratifyed  and  confirmed  by  his  Majesty's  Royal 
Predecessors,  that  there  appears  No  reasonable  Foundation  for  further 

Controversy  relative  thereto." 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  xxvi,  15. 


Wishing  to  know  the  result  of  this  legal  controversy,  a  search  for 

the  records  was  undertaken,  and  after  the  lapse  of  a  month  a  certified 

copy  of  the  court  proceedings  was  obtained  from  the  Secretary  of  State 

of  Connecticut,  as  follows:1 

A  Superior  Court  holden  at  Fairfield  in  the  Colony  of  Connecticut  on 
Tuesday  the  19th.  day  of  February  being  the  last  Tuesday  (save  one) 
Anno  Domini  1 765  in  the  5th.  year  of  the  Reign  of  George  the  Third 
of  Great  Britain  &c  King 

Present  —  The  Honorable  William  Pitkin  Esqr  Chief  Judge. 

EBENEZER  SLLLIMAN 
DANIEL  EDWARDS 
BENJA'*  HALL 
ROBERT  WALKER 


Esqrs 

Assistant 

Judges 


Court  opened  by  proclamation  and  adjourned  to  two  of  the  clock 
afternoon  and  then  opened  according  to  adjournments 

1  Some  idea  of  the  labor  and  patience  required  in  researches  of  this  kind,  to  restore 
a  missing  link  in  the  chain  of  documentary  history,  will  be  gained  from  the  follow- 
ing answers  to  inquiries: 

Office  of  the  County  Clerk  and 
Clerk  of  the  Superior  Court,  Fairfield  County,  Conn.  , 

Bridgeport,  April  25,  1879. 
Daniel  J.  Pratt,  Esq. : 

Dear  Sir.  —  There  are  no  indexes  to  the  volumes  of  County  Court  Records  in 
1764-1765,  which  makes  it  difficult  to  find  special  matters,  if  recorded.     I  have, 


Boundaries  of  the  State  of  New  York.  388 

Jury  sworn  were  James  Smedley,  Jos.  Banks  Jr,  Gideon  Wakeman, 
Isaac  Marvin,  Thadeus  Hubbel,  Gardner  Olmsted,  Alexand-  Resaquie, 
Edmond  Curtiss,  Gideon  Tomlinson,  Isaac  Nickols,  Sam'l  Wilcockson, 
David  Barlow. 

Justus  Bush,  David  Bush,  William  Bush  and  John  Grigg,  all  of 
Greenwich  in  the  County  of  Fairfield,  Plf's,  (Contra)  John  Anderson 
of   Oyster   Bay  on   Nanssace   Island  in  the   Province  of   New   York 

however,  been  carefully  over  the  records  of  those  years  without  finding  any  such 

suit  as  you  inquire  about. 

Respectfully, 

H.  T.  BLAKE,  Clerk. 

Bridoeport,  April  29,  1879. 
Dear  Sir.  —  There  are  no  volumes  of  Superior  Court  Records  in  this  office  prior 
to  1790.  What  has  become  of  the  volumes,  if  there  ever  were  any,  is  not  known. 
It  is  likely  that  some  of  them  may  have  been  destroyed  or  lost  when  Fairfield  was 
burned  in  1777.  I  am  sorry  that  I  cannot  throw  any  light  on  the  matter  of  your 
inquiry. 

Bridgeport,  May  1,  1879. 

Dear  Sir.  —  We  have  no  records  in  this  office  of  the  Superior  Court  for  1765  or 
1764.  Consequently  it  will  be  impossible  to  give  you  the  desired  information.  The 
County  Court  Records  have  been  thoroughly  searched  and  the  case  was  not 
there. 


Bridgeport,  Conn.,  May  7,  1879. 
Dear  Sir.  —  I  have  ascertained  that  the  records  of  the  Superior  Court  prior  to 
May,  1798,  are  in  the  office  of  the  Secretary  of  State  at  Hartford.     Possibly  you  may 
get  some  light  on  your  recent  inquiry  by  addressing  Hon.  David  Torrance,  Secre- 
tary of  State,  Hartford,  Connecticut. 


STATE  OF  CONNECTICUT: 

Office  of  Secretary  of  State,  [ 
Hartford,  May  13, 1879.        j 
Dear  Sir.  —  Yours  of  the  tenth  is  received.    The  suit  of  Justus  Bush  and  others 
against  Jno.  Anderson  for  trespass  on  Great  Captains  Island  was  decided  in  favor 
of  plaintiffs  and  execution  granted  February  23,  1765. 

Yours,  truly, 

DAVID  TORRANCE,  Secretary. 
Pr.  Hinman. 


Hartford,  May  24,  1879. 

Dear  Sir.  —  Accompanying  this  you  will  find  a  certified  copy  of  the  decision  in 
the  trespass  suit  to  which  you  alluded. 

If  this  is  not  satisfactory  you  can  return  it  and  we  will  make  further  search  and 
include  anything  else  that  we  find  appertaining  to  the  suit,  but  infer  that  this  is  all 
you  want.     Fee  for  the  same,  $2.00. 


884  Copies  of  Documents  Relating  to  the 

Defendant.  In  a  plea  of  Trespass  for  cutting  Timber  on  an  Island 
called  by  the  name  of  the  Great  Captains  Island,  demanding  in  dam- 
age £500.  0.  0  L  Money  as  per  writ  on  file  dated  Sept  14th,  1764. 

By  appeal  of  the  defendant  from  a  judgment  of  the  adjourned  County 
Court  held  at  Fairfield  in  January  last,  The  partys  appeared  at  this 
Court  an  were  now  again  at  issue  on  the  plea  that  the  said  Island 
whereon  said  facts  were  done  was  at  the  time  of  doings  the  facts  com- 
plained of,  and  now  is  in,  and  belongs  to  the  Province  of  New  York  as 
at  Large  on  file.  Which  issue  with  the  evidence  being  committed  to  the 
jury  they  brot  in  the  following  verdict  (viz)  In  this  case  the  Jury  find 
that  the  Island  whereon  said  facts  were  done  was  not  at  the  time  of 
doing  the  facts  complained  of,  nor  is  within  the  Province  of  New  York, 
in  manner  and  form  as  the  Defendant  in  his  plea  hath  alleged,  therefore 
we  find  for  the  Plfs  Twenty  shillings  L  Money  damages  and  their  cost 
whereupon  it  is  considered  by  ye  Court  yt  the  Plfs  shall  receive  of  the 
Defts  20 /s,  L  Money  dam'ges  and  their  cost  of  Courts  taxed  at  £8.  3.  3 
L.  Money  &  ye  exn  be  charged  accordingly. 

Execution  granted  February  23,  1*765 


J* 


STATE  OF  CONNECTICUT, 

Office    of    Secretary    of    State 

I,  David  Torrance,  Secretary  of  the  said  State  of  Connecticut  and 
keeper  of  the  seal  thereof,  do  hereby  certify,  that  the  above  and  fore- 
going extract  from  the  records  of  the  Superior  Court  for  the  Colony  of 
Connecticut  for  the  years  1763  to  1765,  inclusive,  has  been  compared 
by  me  with  said  records  now  on  deposit  in  this  office  according  to  law; 
and  I  further  certify  that  it  is  a  correct  and  full  transcript  of  the  final 
doings  and  decision  in  the  case  referred  to  before  said  Superior  Court. 

In  testimony  whereof,  I  have  hereunto  set  my  hand   and 

[Seal.]  affixed  the  seal  of  said  State,  at  Hartford,  this  24th  dav 

of  May,  1879. 

DAVID  TORRANCE, 

Secretary  of  State. 
The  foregoing  records  show  how  long,  earnest  and  sometimes  bitter 
and  violent  was  the  controversy  between  the  two  States  with  refer- 
ence to  their  joint  boundary.  It  was  doubtless  expected  that  the 
amicable  agreement  concluded  in  1731  would  be  the  end  of  all  strife 
on  the  subject ;  and  it  is  probable  that  such  would  have  been  the 
case,  so  far  as  the  main-land  portion  of  the  line  is  concerned,  had  it 
been  at  the  time  of  survey  marked  by  unmistakable  and  perma- 
nent monuments.     In  default  of  this,  after  an  interval  of   a  century 


Boundaries  of  the  State  of  New  York.  385 

and  a  quarter,  the  controversy  was  re-opened  by  Connecticut,  and  it 
was  not  until  the  end  of  another  quarter-century,  now  just  closed, 
that  a  satisfactory,  and  it  is  to  be  hoped  final  adjustment  of  the 
southern  as  well  as  the  western  boundary  of  Connecticut  has  been 
reached  and  ratified  by  both  States.  The  records  of  this  modern 
period  of  discussion  and,  for  the  most  part,  of  serious  disagreement, 
have  been  embodied  in  the  various  reports  and  ex  parte  statements 
of  the  commissioners  representing  the  two  States,  all  of  which  are 
needed  to  ascertain  the  facts  upon  which  to  base  any  just  judgment 
as  to  the  relative  merit  of  the  two  sides  of  this  remarkable  inter-state 
dispute.  These  various  records,  as  collated  and  prepared  for 
re-publication  in  the  present  form,  have  been  eagerly  sought  and 
diligently  used  by  the  recent  joint  commissioners  whose  labors  have 
happily  proved  successful;  and  while  said  records,  having  served 
this  final  practical  purpose,  may  not  be  further  needed  as  evidence, 
they  are  worthy  to  be  preserved  in  accessible  and  connected  form, 
as  part  of  the  annals  of  a  State  eminently  rich  in  historic  material 
worthy  of  preservation. 

[Resolves]  Appointing  Commissioners  to  fix  the  West  Boundary  Line 
of  this  State  [Connecticut.] 

Passed  1855. 

Whereas,  sundry  differences  and  disputes  have  arisen  among  the 
inhabitants  resident  near  the  line  dividing  the  states  of  New  York 
and  Connecticut,  concerning  said  dividing  line,  and  most  of  the 
bounds  and  monuments,  erected  on  and  along  said  dividing  line, 
have  been  removed  or  destroyed,  rendering  it  now  uncertain  to  which 
of  said  states  sundry  citizens,  resident  as  aforesaid,  belong:  now 
therefore,  it  is 

Resolved  by  this  Assembly,  that  William  H.  Holley  of  Stamford,  and 
Jason  Whiting  of  Litchfield,  be  and  they  are  hereby  appointed  com- 
missioners on  the  part  of  this  state,  to  be  duly  commissioned  by  the 
governor,  to  ascertain  the  boundary  line  between  this  state  and  the  state 
of  New  York;  and  the  said  commissioners  are  hereby  authorized  and 
empowered  to  meet  such  commissioners  as  may  be  appointed  and  vested 
with  similar  powers  by  the  legislature  of  New  York,  and  with  them,  as 
soon  as  may  be,  to  ascertain  the  said  boundary  line,  and  erect  suitable 
monuments  at  such  places  as  they  shall  deem  necessary,  to  prevent  any 
future  mistakes  concerning  the  same  ;  and  said  commissioners  are 
25 


386  Copies  of  Documents  Relating  to  the 

authorized  to  employ  necessary  surveyors  and  chainmen  to  assist  as 
aforesaid,  and  said  commissioners  are  to  make  report  of  their  doings  to 
the  general  assembly  of  this  state.  And  in  case  of  the  death  or  resig- 
nation of  said  commissioners  on  the  part  of  this  state  or  either  of  them, 
the  governor  o'f  this  state  is  hereby  empowered  to  fill  the  vacancy  or 
vacancies  so  occurring. 

Resolved,  That  the  governor  of  this  state  be  requested  to  transmit  a 
duly  certified  copy  of  the  foregoing  resolution  to  the  governor  of  the 
state  of  New  York,  to  be  laid  before  the  legislature  of  that  state. 
— [Conn.  Resolves  and  Private  Laws,  iv,  841. 


STATE  OF  NEW  YORK: 

Executive  Department,  ) 

Albany,  January  25,  1856.  ) 
To  Hon.  Henry  J.  Raymond,  President  of  the  Senate  : 

I  herewith  transmit  to  the  Legislature,  certain  resolutions  passed  by 
the  General  Assembly  of  the  State  of  Connecticut,  appointing  Commis- 
sioners to  fix  the  west  boundary  line  of  that  State. 

These  resolutions,  it  will  be  observed,  contemplate  the  appointment 
of  similar  Commissioners,  on  the  part  of  our  own  State,  to  confer 
with  those  named  in  the  first  resolution  as  appointed  by  the  State  of 
Connecticut. 

I  deem  the  matter  of  sufficient  importance  to  be  laid  before  you;  and 
would  respectfully  recommend  that  Commissioners  be  accordingly 
appointed  on  the  part  of  the  State  of  New-York. 

MYRON  H.  CLARK. 
— -  [IT.  Y.  Sen.  Doc,  1857,  No.  165,  p.  62. 


[State  op  New  York.] 

April  5,  1856. 

Whereas,  it  is  represented  on  the  part  of  the  General  Assembly  of  the 
State  of  Connecticut,  thai,  sundry  differences  and  disputes  have  arisen 
among  the  inhabitants  resident  near  the  line  dividing  the  States  of  New 
York  and  Connecticut,  concerning  said  dividing  line,  and  that  most  of 
the  bounds  and  monuments  erected  on  and  along  said  dividing  line, 
have  been  removed  or  destroyed,  rendering  it  uncertain  to  which  of  said 
States  sundry  citizens  resident  as  aforesaid  belong,  now,  therefore,  it  is 

Resolved,  That  the  Governor  appoint  three  Commissioners,  to  be  duly 
commissioned  by  him,  to  meet  the  commissioners  appointed  by  the 
General  Assembly  of  the  State  of  Connecticut,  and  with  them,  as  soon 
ns  may  be,  to  ascertain  the  boundary  line  between  this  State  and  the 


Boundaries  of  the  State  of  New  York.  387 

State  of  Connecticut,  and  to  erect  suitable  monuments  at  such  places 
as  they  shall  deem  necessary  to  prevent  any  further  mistake  concerning 
the  same  ;  said  commissioners  to  be  authorized  to  employ  necessary 
surveyors  and  chain  men  to  assist  as  aforesaid,  and  to  be  required  to 
report  their  doings,  and  the  expenses  attending  the  same  to  the  Legis- 
lature of  this  State.  And  in  case  of  the  death  or  resignation  of  said 
commissioners  on  the  part  of  this  State,  or  either  of  them,  the  Governor 
of  this  State  is  hereby  empowered  to  fill  the  vacancy  or  vacancies  so 
occurring. 

Resolved,  That  the  Governor  of  this  State  be  requested  to  transmit  a 
duly  certified  copy  of  the  foregoing  resolution  to  the  Governor  of  the 
State  of  Connecticut,  to  be  laid  before  the  General  Assembly  of  that 
State. 
— [Concurr't  Resolutions,  N~.  Y.  Sen.  Journal,  p.  226;  Assem.  do.,  p.  887. 


,1 


STATE  OF  NEW  YORK: 

Executive  Department, 

Albany,  April  9th,  1856. 

In  pursuance  of  the  foregoing  concurrent  resolution,  I  hereby  appoint 
Hon.  Ben  F^eld,  of  Orleans  county,  Hon.  Samuel  D.  Backus,  of  Kings 
county,  and  Col.  Jonathan  Tarbell,  of  Essex  county  to  be  Commissioners 
on  the  part  of  this  State,  to  act  with  the  Commissioners  appointed  by 
the  State  of  Connecticut,  to  ascertain  and  settle  the  boundary  line 
between  the  respective  States  as  specified  in  said  resolution. 

MYRON  H.  CLARK. 

— [N~.  Y.  Sen.  Doc,  1857,  No.  165,  p.  63.1 


[State  op  New  York.] 
Chap.  47. 
AN  ACT  to  provide  for  the  payment  of  the  expenses  incurred  and 
services  performed  by  the  commissioners  appointed  to  settle  the 
boundary  line  between  this  state  and  the  state  of  Connecticut,  in 
pursuant  of  a  concurrent  resolution  adopted  April  fifth,  eighteen  hun- 
dred and  fifty-six. 

Passed  February  21,  1857. 

The  People  of  tht  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  sum  of  seven  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  to  pay  the  expenses  incurred 

1  We  fail  to  find  any  record  of  the  appointment  of  these  Commissioners  in  the 
office  of  the  Secretary  of  State.  —  [P. 


388  Copies  of  Documents  Relating  to  the 

and  services  performed  by  the  commissioners  appointed  to  settle  the 
boundary  between  this  state  and  the  state  of  Connecticut,  in  pursuance 
of  a  joint  resolution  of  the  two  houses  of  the  legislature,  adopted  Api-il 
fifth,  eighteen  hundred  and  fifty-six,  to  be  paid  by  the  treasui'er  on  the 
warrant  of  the  comptroller,  on  the  rendering  of  satisfactory  vouchers 
therefor,  as  follows,  viz :  to  each  of  said  commissioners  at  the  rate  of 
six  dollars  for  each  day's  service  actually  rendered  in  the  performance 
of  their  official  duties,  to  be  certified  by  a  majority  of  the  commis- 
sioners. To  the  commissioners,  such  sum  as  shall  have  been  paid  by 
them  for  expenses  necessarily  incurred  in  prosecuting  the  survey  of  said 
boundary  line ;  the  accounts  to  be  audited  by  the  comptroller. 
§  2.  This  act  shall  take  effect  immediately. 


STATE  OF  NEW  YORK, 

No.  165. 

In  Senate, 

April  10,  1857. 
REPORT 

Of  the  Commissioners  appointed  to  ascertain  the  boundary  line  between 
the  States  of  New  York  and  Connecticut,  appointed  April  9,  1856. 

In  accordance  with  these  resolutions  [those  of  April  5,  1856],  his 
Excellency  Governor  Clark,  on  the  9th  April,  1856,  appointed  and  com- 
missioned on  the  part  of  this  State,  Ben.  Field,  of  Albion,  Orleans 
county,  Samuel  D.  Backus,  of  Brooklyn,  and  Jonathan  Tarbell,  of 
Keeseville,  Essex  county,  of  whose  appointment  notice  was  commu- 
nicated to  the  Connecticut  commissioners. 

Having  no  knowledge  of  any  disputes  or  other  occasion  for  the  pro- 
ceeding, except  such  as  might  be  derived  from  the  resolutions  under 
which  we  received  our  appointment,  we  entered  upon  our  duties  antici- 
pating their  easy  and  speedy  performance. 

A  meeting  of  the  New-York  Commissioners  was  appointed  for  the 
2 "7th  day  of  May.  A  preliminary  meeting  with  the  Commissioners 
from  Connecticut,  took  place,  by  pre-arrangement,  at  the  village  of 
Portchester,  on  the  3d  of  June,  when  a  joint  board  was  organized,  and 
on  the  motion  of  one  of  the  Connecticut  members,  Mr.  Field  was 
selected  as  chairman. 

On  this  occasion  our  attention  was  given  to  the  investigation  of  the 
existing  difficulties  and  the  means  of  their  removal.  "  Lyon's  Point " 
and  other  localities  on  Byram  river,  referred  to  in  the  official  descrip- 
tions of  the  line,  were  examined;  the  chairman  was  verbally  empowered 


Boundaries  of  tbe  State  of  New  York.  389 

to  procure  a  suitable  engineer ;  and  the  board  adjourned  to  meet  at  the 
same  place  on  the  23d  of  the  month. 

The  procurement  of  an  officer  of  the  General  Government  to  con- 
duct the  survey  was  at  first  contemplated,  but  this  intention  was 
subsequently  relinquished,  and  Mr.  C.  W.  Wentz,  of  Albany,  a  gentle- 
man of  character  as  a  citizen,  and  of  distinguished  reputation  as  an 
engineer,  was  selected  for  that  delicate  and  responsible  duty,  and  the  Con- 
necticut commissioners  were  duly  informed  of  that  fact.  Mr.  Wentz 
at  once  took  steps  for  organising  a  surveying  party,  and  we  again  met 
at  Portchester,  at  the  time  appointed,  when  tbe  survey  was  commenced. 

In  the  mean  time  we  gave  the  subject  as  careful  an  examination  as  cir- 
cumstances would  permit,  finding  it  beset  with  difficulties,  and  embrac- 
ing questions  at  once  of  extreme  delicacy  and  great  legal  importance. 

THE    ORIGIN    AND   PRESENT    CONDITION    OF    THE    BOUNDARY. 

The  dividing  line  between  this  State  and  the  State  of  Connecticut  is 
derived  primarily  from  an  agreement  made  between  the  two  govern- 
ments in  1664,  establishing  it  at  twenty  miles  east  of  the  Hudson  river, 
with  an  adjudication  stating  the  starting  point  and  direction  of  such  a 
line,  according  to  the  belief  of  the  parties  at  the  time.  The  agreement, 
though  really  made  was  not  executed,  but  was  superseded  by  the 
adjudication  which  was  supposed  to  have  the  same  effect.1 

This  settlement  proving  to  be  grossly  erroneous,  led  to  an  angry 
controversy,  and  in  1683  a  new  agreement3  was  made  on  the  same 
basis  as  the  former,  providing  however  for  the  retention  by  Connecticut 
of  certain  territory  on  the  sound,  settled  during  the  disputes,  by  per- 
sons from  that  colony,  and  the  transfer  to  New-York  of  an  equivalent 
along  the  northern  portion  of  the  line. 

In  accordance  with  this  agreement,  a  partial  survey  was  made  the 
next  year.  The  lines  then  run  were  resurveyed  in  1725,  and  the  residue 
of  the  boundary  established  and  the  requisite  indentures  executed  in 
1731.  Copies  of  the  various  agreements,  reports,  laws  and  explanatory 
documents  relating  to  these  surveys,  or  extracts  therefrom,  will  be  found 
in  connection   with  the  second  part  of   this  report  or  in  the  appendix. 

Since  the  last  mentioned  date  [1731]  there  has  been  no  official  action 
of  either  State  affecting  this  line.  The  doubts  which  have  arisen 
during  the  century  and  a  quarter  which  has  passed,  spring  both  from 
imperfections  and  errors  in  the  work  of  the  former  surveyors,  and  the 
temporary  character  of  the  marks  adopted  to  designate  the  lines  which 
they  established. 

1  See  appendix  H.  and  I. — Agreement  of  November  30,  1664,  and  Settlement  of 
December  1,  1664.— [P. 
'See  appendix  M. — Agreement  of  November  28,  1683. — [P. 


390  Copies  of  Documents  Relating  to  the 

The  lapse  of  time,  the  troublous  years  of  the  revolution,  and  the 
gradual  settlement  of  the  country  have,  on  portions  of  the  line,  obliter- 
ated all  trace  of  their  operations,  and  at  the  time  of  our  survey,  doubts 
and  uncertainties  were  found  to  exist  along  its  entire  length.  Ranges 
of  marked  trees  had  long  since  disappeared ;  many  of  the  heaps  of 
stone  originally  erected  had  been  scattered,  leaving  no  memorial  of 
their  location,  while  modernized  monuments  presented  their  claims  for 
recognition,  confusing  and  distracting  without  satisfactory  proof  of 
their  authenticity. 

Traditions  were  found  inconsistent  and  contradictory,  varying  the 
line  in  places  to  a  considerable  extent.  Local  surveyors,  employed  to 
ascertain  detached  portions  of  the  line,  by  taking  their  direction  from 
various  traditionary  points,  had  differed  widely  from  each  other  and 
increased  rather  than  diminished  the  general  doubt.  Along  the  whole 
distance  the  greatest  uncertainty  existed  and  a  distrust  and  want  of 
confidence  in  all  the  supposed  lines  rather  than  a  disposition  to  contend 
for  any.  Residents  near  the  border  refrained  from  voting  in  either 
State,  while  officers  of  justice  and  collectors  of  revenue  from  both 
hesitated  to  exercise  their  authority  up  to  any  clearly  defined  limit. 
These  circumstances  were  taken  advantage  of  by  those  who  desired  to 
evade  the  payment  of  taxes  or  the  severity  of  the  law. 

Each  section  of  the  line  presents  features  peculiar  to  itself  which 
are  detailed  in  their  order,  beginning  at  Long  Island  Sound. 

All  the  surveys,  under  the  direction  of  the  present  commission,  were 
made  by  the  projection  of  straight  lines,  no  reliance  being  placed  upon 
the  magnetic  needle,  either  in  pursuing  straight  courses  or  turning 
angles.  The  former  surveys  were  made  by  the  compass  but  the 
variation  of  the  needle  is  not  stated  in  the  official  reports.1 

Byram  River  from  "Lyon's  Point"  to  the  "Great  Stone  at  the 

Wading  Place." 

In  the  description  of  the  boundaries  of  this  State  given  in  the 
Revised  Statutes,  the  starting  point  is  taken  at  Long  Island  Sound,  as 
follows: 

"  Beginning  at  Lyon's  Point  in  the  mouth  of  a  brook  or  river  called 
Byram  River,  where  it  falls  into  Long  Island  Sound,  and  running  thence 

1  In  some  of  the  documents  respecting  the  old  surveys,  mention  is  made  of  the 
variation  of  the  needle  at  different  periods.  Investigation  shows  that  the  observa- 
tions referred  to  were  made  with  little  regard  to  accuracy  of  time  or  place  or  to 
attending  circumstances,  and  that  they  are  practically  unreliable. 

The  constant  comparison  of  the  needle  with  the  direct  lines  run  on  our  survey, 
proved  that  its  transient  deviations  were  very  irregular,  and  so  great  as  to  render 
the  compass  an  unfit  instrument  where  correctness  is  at  all  desirable. 


Boundaries  of  the  State  of  New  York.  391 

up  along  said  river  to  a  rock  at  the  ancient  road  or  wading  place  in  said 
river,  which  rock  bears  north,  twelve  degrees  and  forty-five  minutes 
east,  five  hundred  and  fifty  rods,  from  said  point."  This  description,  in 
a  note  of  the  revisers,  is  said  to  have  been  compiled  from  documents  in 
the  office  of  the  Secretary  of  State.  It  is  not,  however,  identical  in  lan- 
guage with  the  description  in  any  original  agreement,  report  or  con- 
firmatory act  which  we  have  been  able  to  discover. 

In  the  published  laws  of  Connecticut  we  find  no  recital  whatever  of 
the  boundaries  of  that  State. 

This  portion  of  the  line  is  thus  stated  in  the  agreement  of  1683,  the 
first  instrument  fixing  the  boundary  at  this  point,  and  that  to  which  all 
subsequent  action  was  designed  to  conform.  "  To  begin  att  a  Certain 
Brook  or  River  called  Biram  Brooke  or  River  which  River  is  between 
the  Towns  of  Rye  and  Greenwich  that  is  to  say  att  the  mouth  of  the 
said  Brooke  where  it  falleth  into  the  Sound  at  a  Point  Called  Lyon's 
Point  which  is  the  Eastward  Point  of  Byram  River,  and  from  the  said 
Point  to  goe  as  the  said  River  Runeth  to  the  place  where  the  Common 
Road  or  Wading  place  over  the  said  River  is."  The  Commissioners 
who  surveyed  the  line  under  this  agreement  in  1684,  reported  that  they 
"  went  to  Lyon's  Point  on  the  East  side  of  Byram  River  and  from  the 
mouth  of  the  said  river  where  it  falls  into  the  sea  measured  up  the  said 
river  and  found  it  to  be  one  mile  and  an  halfe  and  twenty  rods  bearing 
North  halfe  Easterly  and  so  came  to  a  great  stone  at  the  wading  place 
where  the  road  cuts  the  said  river." 

The  next  Commissioners  who  re-surveyed  the  line  in  1725,  and  whose 
purpose  was  only  to  identify  and  distinguish  the  points  established  by 
their  predecessors,  reported  that  they  had  "  surveyed  from  Lyon's  Point 
to  the  great  stone  at  the  Wading  place  in  Biram  River  and  found  that  the 
said  great  stone  bears  North  twelve  degrees  and  forty-five  minutes  East- 
erly from  the  said  point  at  the  distance  of  five  hundred  and  fifty  rods." 
This  is  all  that  is  given  in  the  agreements  and  reports  relative  either  to 
the  starting  point  of  the  line,  or  its  course  until  it  reaches  the  "  Great 
Stone." 

The  ambiguous  language  of  the  statute,  as  well  as  of  the  documents 
from  which  it  was  compiled,  together  with  the  fact  that  both  of  the 
former  Boards  of  Commissioners  surveyed  a  direct  line  from  "  Lyon's 
Point "  to  the  "  great  stone,"  gave  rise  to  a  diversity  of  opinion  in 
regard  to  the  exact  location  of  the  boundary  between  those  points. 
When  we  first  went  upon  the  ground  we  found  three  parties;  one  claim- 
ing a  direct  line,  as  formerly  surveyed,  throwing  quite  a  village  on  the 
eastern  side  of  the  river  into  New- York;  another,  that  the  line  followed 
the  eastern  bank  of  the  river;  and  a  third,  that  the  boundary  was  the 
bed  of  the  stream. 


392  Copies  of  Documents  Relating  to  tbe 

This  diversity  of  belief  had  led  to  many  difficulties  and  considerable 
litigation,  in  respect  to  wharf,  and  bridge  privileges,1  and  the  jurisdic- 
tion over  vessels,  and  had  greatly  embarrassed  the  officers  of  justice  in 
the  discharge  of  their  duties.  The  tide  flows  in  Byram  river  as  far  as 
the  "  great  stone  "  and  it  is  navigable  for  coasting  vessels  two-thirds  of 
that  distance. 

From  a  careful  examination  of  the  original  documents,  together  with 
the  explanations  given  in  contemporary  letters  &c.,a  we  were  con- 
vinced that  the  line  was  established  in  the  river  itself.  Lyon's  Point  is 
mentioned  not  as  the  starting  place  of  the  boundary  but  for  the  purpose 
of  designating  the  position  of  the  mouth  of  the  river.  The  measure- 
ment from  the  point  of  the  rock,  made  in  1684,  was  for  the  purpose  of 
ascertaining  how  far  beyond  the  rock  the  direct  line  must  be  extended 
to  complete  the  distance  of  eight  miles  "  into  the  country  "  from  Lyon's 
point  as  had  been  agreed;  and  its  resurvey  in  1725  was  solely  for  a  com- 
parison and  test  of  measurements.8 

The  Commissioners  from  Connecticut  concurred  with  those  from  New 
York  in  this  opinion  respecting  the  true  line.  In  consequence  of  the 
changes  constantly  being  made  in  the  banks  upon  a  portion  of  the  river, 
by  the  construction  of  wharves  &c,  it  was  deemed  expedient  to  fix  a 
practical  line  through  the  river  following  its  general  course,  and  to 
designate  it  in  a  permanent  manner.  The  Commissioners  accordingly 
eaused  an  accurate  trigonometrical  survey  of  the  river  to  be  made,  and 
all  agreed,  verbally,  upon  certain  ranges  which  the  line  should  be  deemed 
to  follow. 

These  have  been  marked  by  permanent  monuments,  consisting  of 
copper  bars,  inserted  in  the  rocks  and  systematically  numbered.  We 
have  also  caused  an  accurate  map  to  be  prepared,  on  which  these  ranges 
and  the  locations  of  the  monuments  are  given.4 

1  In  1851,  the  Legislature  of  New- York  granted  a  charter  for  a  draw  bridge  from 
the  village  of  Portchester  "  across  the  Byram  river  to  the  State  Line  on  the  Con- 
necticut shore  of  the  said  river."    Session  Laws  1851,  Chap.  266. 

2  See  appendix  N. — This  reference  is  to  Gov.  Treat's  letter  of  Dec.  3,  1683. — [P. 

8  See  appendix  W. — This  reference  is  to  the  Commissioners' Report  of  May  19, 
1725.— [P. 

4  See  map  No.  3. — This  reference  is  to  one  of  a  series  of  maps  or  diagrams,  four 
in  number.  These  diagrams,  "  Lithographs  of  C.  Van  Benthuysen,  Albany,"  were 
issued  as  a  separate  pamphlet,  under  the  title,  "Diagrams  showing  the  relative 
position  of  various  lines  referred  to  in  the  Report  of  the  Commissioners  on  the  New 
York  and  Connecticut  Boundary,  made  to  the  Legislature  of  New  York  April 
1857;"  and  with  the  exception  of  No.  1,  they  do  not  accompany  the  Report  as 
printed  and  bound  with  the  N.  Y.  Senate  Documents  of  1857,  nor  do  they  appear 


Boundaries  of  the  State  of  New  York.  393 

"  The  Great  Stone  at  the  Wading  Place." 

This  is  the  brief  and  indefinite  description  of  the  point  from  which 
was  to  be  commenced  the  survey  of  a  line  more  than  eighty  miles  in 
length.  The  "wading  place"  itself  was  long  since  superseded  by  a 
bridge  and  high  embankments,  causing  changes  in  the  course  and  bed 
of  the  stream,  and  rendering  uncertain  the  precise  place  where  the  road 
originally  crossed.  Several  large  stones  lie  in  or  on  either  side  of  the 
river,  any  one  of  which  in  the  absence  of  the  others  might  be  taken  for 
the  one  intended,  and  their  several  claims  for  recognition  as  such  were 
not  without  advocates  among  the  residents  of  the  vicinity. 

After  a  careful  scrutiny  of  the  traditionary  evidence,  one  of  the 
largest  of  these  "  great  stones,"  situated  on  the  east  side  of  the  river 
near  the  end  of  the  bridge,  was  selected  from  the  rest  as  that  best  sub- 
stantiated; but  it  was  not  till  its  identity  had  been  demonstrated  by 
the  survey  of  the  succeeding  line,  that  it  was  fixed  upon  by  the  Com- 
missioners from  both  States,  as  beyond  question  the  stone  referred  to 
by  the  former  Commissioners.  It  is  now  marked  by  a  copper  bolt 
inserted  in  its  summit. 

The  Line  Running  North-North- West  from  Byram  River. 

The  first  direct  course  running,  according  to  the  agreement  of  1683, 
from  the  "  great  stone  "  at  the  wading-place,  "  north  north-west  into  the 

to  have  been  filed  in  the  office  of  the  Secretary  of  State,  but  a  copy  has  fortunately 
been  preserved  in  the  General  Department  of  the  State  Library. 
The  following  are  the  special  titles  of  the  respective  diagrams: 

No.  1.  Diagram  [etc.,  as  in  the  general  titje  of  the  series  already  given.     This 
diagram  is  a  leaf  of  octavo  size,  and  is  duplicated,  except  as  to  part  of 
the  lettering,  in  the  body  of  the  Report,  following  page  35.] 
No.  2.  Map  of  the  Boundary  between  the  States  of  New  York  and  Connecticut 

with  the  adjacent  territory.     (Size  21x36  inches.) 
No.  3.  Map  of  Byram  River  from  its  mouth  at  "Lyons"  or  Byram  Point,  to  the 
head  of  tide  water  at  the  ancient  Wading  Place,  showing  the  Boundary 
Lines  proposed  by  the  New  York  and  Connecticut  Commissioners,  1856. 
(16X48  inches.) 
No.  4.  Diagrams  of  the  New  York  and  Connecticut  Boundary,  showing  the  several 
lines  surveyed,  with  the  relative  position  of  each  to  the  best  defined  tra- 
ditionary line. 
This  diagram  is  in  sections,  designated  successively: 
Line  from  the  "  Great  Stone  at  the  Wading  Place  of  Byram  River  "  to 
the  Angle  at  the  Duke's  Trees." 

Line  running  parallel  with  the  Sound  from  the  Angle  at  the  Duke's 
Trees. 
Line  running  Northerly  to  the  Ridgefield  Angle. 

Line  running  Northerly  from  the  Ridgefield  Angle  to  the  Massachusetts 
Line. 
(Mounted  as  two  sheets,  one  7x90  in.  and  the  other  7X112  in.) — [P. 


394  Copies  of  Documents  Relating  to  the 

country  so  far  as  will  be  eight  English  miles  from  the  aforesaid  Lyon's 
Point,"  was  beset  with  many  perplexities  and  difficulties.  The  official 
description  of  its  northerly  termination  [D]  :  is  extremely  indefinite. 
The  Commissioners  of  1725  reported  in  respect  to  it  that  where  "the 
three  white  oak  trees  stood  they  buried  some  burnt  wood  in  the  ground 
and  raised  a  heap  of  stones  over  it  and  cut  the  letters  C  R  on  a  great 
stone  lying  in  the  ground  there,"  and  also  marked  the  trees  with  certain 
letters.  There  exist  no  means  of  determining  how  far  these  "three 
trees  "  were  from  one  another,  nor  the  relative  position  or  distance  of 
the  buried  burnt  wood  or  the  marked  rock.  We  could  hardly  hope  to 
find  any  vestige  of  the  trees. 

At  the  place  which  tradition  and  the  common  consent  of  the  neigh- 
boring residents  designated  as  the  one  they  had  occupied,  we  found  a 
stone  nearly  covered  with  earth,  lying  just  at  the  edge  of  the  traveled 
roadway,  which,  on  being  laid  bare,  disclosed  the  letters  "  C  R,"  rudely 
cut  upon  one  side  in  an  antique  form.  The  ground  around  the  rock  was 
carefully  dug  up,  and  about  three  feet  from  it  a  small  quantity  of  char- 
coal was  discovered.  This  spot  we  adopted  as  the  termination  of  this 
course  and  its  intersection  with  the  next  line. 

Except  at  its  extremities  there  exist  on  this  section  of  the  line,  no 
traces  of  the  work  of  either  of  the  former  commissioners.  None  of  the 
monuments  mentioned  in  their  reports  could  be  found,  and  in  some 
instances  we  failed  to  identify  either  the  fields  in  which  they  were  situ- 
ated or  the  sites  of  the  houses  by  reference  to  which  their  position  had 
been  defined. 

The  doubts  and  difficulties  arising  from  apocryphal  and  discordant 
traditions,  imperfect  local  surveys,  distrust  by  public  officers,  and  impu- 
nity in  the  disregard  of  law  already  mentioned  as  common  to  the  whole 
boundary,  were  peculiarly  prevalent  on  this  section.  A  fruitful  source 
of  difficulty  was  the  liquor  traffic,  carried  on  with  all  the  ingenuity  for 
which  the  business  is  famous,  by  the  erection  of  a  building  on  one  side 
of  the  supposed  line,  connected  by  an  under-ground  passage  with  a 
vault  on  the  other,  where  the  stock  was  deposited  for  sale.  Thus  the 
laws  of  either  State  could  be  evaded  at  pleasure,  the  unsettled  condition 
of  the  line  allowing  it  to  be  done  with  impunity. 

For  nearly  the  whole  distance  this  section  of  the  line  lies  in  or  con- 
tiguous to  a  thickly  settled  street,  skirted  with  dwellings,  out  buildings, 
orchards,  shade  trees,  and  ornamental  shrubbery,  offering  obstructions 
to  sight  neither  to  be  penetrated  or  removed. 

It  was  deemed  advisable  that  this  line  should  be  established  by  the 
present  survey  with  the  utmost  accuracy,  not  only  on  its  own  account, 
but  because  it  would  afford  the  means  of  comparison  with  the  courses 

1  The  letters  in  brackets  refer  to  map  No.  1. 


Boundaries  of  the  State  of  New  York.  395 

of  the  former  surveyors  and  might  become  essential  in  establishing  the 
angles  and  directions  of  the  remainder  of  the  boundary.  It  was  there- 
fore run  more  than  once,  as  more  fully  stated  in  the  engineer's  report.1 

Although  a  straight  line  was  found  to  deviate  at  sevei*al  places  from 
that  designated  by  tradition,  there  was  no  point  presenting  satisfactory 
evidence  of  its  establishment  by  the  former  Commissioners,  nor  was 
there  any  proof  that  their  survey  deviated  from  the  direct  course  which 
it  was  intended  to  follow.  At  one  place,  a  young  and  thriving  elm  tree, 
a  few  feet  west  of  the  direct  line  was  said  to  have  been  planted  by  the 
present  generation  where,  according  to  tradition,  there  had  been  an 
ancient  elm  in  the  line  of  the  early  surveyors.  The  Connecticut  Com- 
missioners for  a  time  urged  the  recognition  of  this  tree,  as  an  evidence 
of  the  boundary,  but  so  entirely  vague  and  unsatisfactory  was  the  proof 
that  they  voluntaiily  abandoned  it  and  concurred  in  the  establishment 
of  a  direct  line,  agreeing  verbally  with  us  upon  the  places  where  mon- 
uments should  be  erected. 

Stones  have  been  set  bearing  the  initials  of  the  respective  States  on 
their  opposite  sides,  but  their  position  has  not  been  finally  confirmed 
by  the  Commissioners. 

The  Line  Parallel  to  the  Sound. 

The  next  section  of  the  boundary,  being  the  second  direct  course, 
starting  at  the  termination  of  the  last  and  running  about  fifteen  miles 
parallel  to  the  general  course  of  the  Sound,  nearly  in  an  east-north-east 
direction,  was  not  so  difficult  to  survey  as  that  last  described.  The 
country  was  less  densely  settled  and  the  line  crossed  high  ridges,  from 
which  signals  could  be  seen  for  long  distances,  a  circumstance  favorable 
both  to  expedition  and  accuracy  in  the  work.  There  was  also  less  doubt 
among  the  neighboring  inhabitants  respecting  the  location  of  the  bound- 
ary. For  a  great  portion  of  the  distance,  a  fence  dividing  farms  was 
regarded  as  the  line. 

The  engineer  started  at  the  same  angle  with  the  last  course,  as  that 
given  by  the  former  surveyors,  but  after  pursuing  this  direction  about 
two  miles,  it  was  found  to  deviate  so  steadily  and  so  much  fiom  the 
recognized  line,  that  he  with  the  approval  of  the  Commissioners  present, 
(including  both  from  Connecticut,)  changed  his  course  to  correspond 
with  the  traditionary  landmarks.  This  line  was  pursued  until  it  reached 
the  termination  of  this  section,  [H]  at  the  most  easterly  angle  of  the 
boundary. 

This  is  distinguished  by  a  high  heap  of  large  stones,  raised  in  the 
margin  of  a  swamp.     Its  position  corresponds  with  the  official  descrip- 

1  See  Appendix  B. — This  is  the  Report  of  Engineer  C.  W.  Wentz,  made  to  the 
N.  Y.  Commissioners,  Jan.  1,  1857. — [P. 


396  Copies  of  Documents  Relating  to  the 

lion  given  of  it,  which  fact  with  concurrent  traditionary  and  circum- 
stantial testimony,  removed  all  doubt  from  the  minds  of  the  Commis- 
sioners of  its  having  been  erected  in  1731  to  designate  this  angle. 

A  heap  of  stones  was  also  shown  us,  said  to  be  at  the  south-western 
corner  of  the  Township  of  Lewisboro.  This  it  was  claimed,  was  the 
same  erected  by  the  Commissioners  in  1725,  at  the  end  of  the  lines  sur- 
veyed in  that  year,  to  designate  the  southwestern  corner  of  the  Equiv- 
alent Tract,  [E,]  from  which  place  the  surveyors  in  1731  prolonged  the 
line  to  the  monument  already  described.  If  this  is  so  the  latter  sur- 
veyors made  a  deflection  to  the  right,  so  that  a  straight  line  from  the 
starting  point  [D]  of  the  east-north-east  line,  to  the  monument  [H]  at 
its  termination,  would  fall  ten  rods  south  of  this  intermediate  monu- 
ment, [E,]  cutting  off  from  Connecticut  a  long  strip  between  such  a  line 
and  one  passing  through  the  alleged  intermediate  monument. 

A  question  arose  between  the  Connecticut  commissioners  and  our- 
selves upon  this  matter;  they  contending  that  the  error  of  the  former  sur- 
veyors could  not  be  corrected  by  us,  but  that  we  must  follow  their 
monuments  wherever  found,  though  not  in  the  line  in  which  they  were 
intended  and  reported  to  be  placed.  To  this  we  assented,  but  were  not 
for  some  time  satisfied  of  the  identity  or  antiquity  of  the  monument  as 
claimed  by  them. 

Our  doubts  have  since  been  removed,  mainly  by  the  discovery  of  a 
map  of  the  "  equivalent  lands,"  made  by  Cadwallader  Colden,  to  illus- 
trate his  resurvey  of  them  in  1732,1  on  which  there  is  indicated  the 
detection  of  this  error  made  by  him  the  previous  year. 

A  line  from  the  starting  point  [D]  of  this  section,  through  the  inter- 
mediate monument  [E]  to  the  monument  [HJ  in  the  swamp,  will  follow 
nearly  the  course  of  the  fences  and  other  traditional  indications  of  the 
boundary.  Stones  have  been  set  up,  but  the  correctness  of  their  posi- 
tions is  still  untested  and  unconfirmed. 

The  Line  Running  Northerly  Six  Miles  to  the  Angle  east  or 
Courtlandt's  Point. 

The  remainder  of  the  boundary  follows  the  eastern  line  of  the  equiva- 
lent lands,  which  was  never  traced  by  surveyors  as  the  lines  previously 
described  had  been,  but  was  established  by  an  entirely  different  and 
very  defective  process,  detailed  in  the  accompanying  historical  sketch. 

Leaving  the  monument  in  the  swamp  [H]  where  the  last  line  termin- 
ated, as  already  described,  the  boundary  passes  in  a  course  nearly  north- 
northwest  about  six  miles,  to  a  monument,  [I]  at  what,  for  convenience, 
we  term  the  Ridgefield  angle.  This  is  nearly  two  miles  easterly  from  a 
monument  [F]  fixed  at  twenty  miles  east  of  Courtlandt's  or  Verplank's 

1  MS.  map  among  the  Colden  papers.     Library  of  the  N.  Y.  Hist.  Soc. 


Boundaries  of  the  State  of  New  York,  397 

point  [M]  on  the  Hudson  river,  by  measurement  of  the  commissioners 
in  1731. 

The  monument  [I]  is  a  heap  of  stones,  not  so  unquestionable  in  its 
appearance  as  that  at  the  end  of  the  fifteen  mile  line,  [H]  but  quite  as 
well  supported  by  the  concurrent  testimony  of  the  traditions,  usages 
and  official  acts  of  the  neighboring  inhabitants  and  their  local  authorities. 

Between  its  two  extremes  this  section  of  the  line  cuts  across  farms, 
passing  through  wood  lots,  &c,  and  as  indicated  vaguely  by  fences  and 
prominent  trees,  does  not  differ  greatly  from  a  direct  course. 

We  found  neither  monuments  nor  other  evidences  of  the  work  of  the 
old  surveyors,  sufficiently  reliable  to  warrant  any  deviation  from  the 
straight  line  run  by  the  engineer,  and  it  was  accordingly  marked  by 
him,  with  the  concurrence  of  all  the  commissioners  present,  at  such 
places  as  were  suitable  for  the  erection  of  monuments.  None  have, 
however,  yet  been  set  up. 

Survey  of  the  Line  fbom  the  Ridgefield  Angle  to  Massa- 
chusetts. 

The  line  starting  from  the  end  of  the  last  course  and  running  a  little 
easterly  of  north,  fifty  miles,  to  the  state  of  Massachusetts,  developed 
in  a  great  degree,  the  difficulties  arising  from  the  peculiar  mode  of  its 
original  establishment. 

In  starting  a  datum  or  random  line  from  the  angle  [I]  the  engineer 
could  find  no  three  points  in  the  traditionary  line  to  range  with  one 
another.  Taking  two  well  defined  land  marks  about  ten  miles  apart,  he 
fixed  upon  a  course  which  carried  him  within  a  comparatively  short  dis- 
tance of  the  station  he  wished  to  reach.  This  was  the  monument 
[K]  in  the  Massachusetts  line,  erected  in  1731. 

This  line,  the  greater  part  of  the  way,  lies  near  the  summit  of  the  high 
lands  dividing  the  waters  of  the  Housatonic  river  from  those  of  the 
Hudson,  traversing,  however,  in  places,  the  valleys  of  several  small 
streams  and  crossing  one  river  of  considerable  size.  For  the  greater 
part  of  this  distance  a  path  had  to  be  cut  through  thick  and  often  tan- 
gled wood,  and  for  many  miles  the  course  lay  over  mountains  exceed- 
ingly rough  and  almost  inaccessible. 

As  the  datum  line  was  extended  it  deviated  with  so  much  apparent 
regularity  from  the  traditionary  line,  as  to  encourage  the  hope  that 
when  the  corrections  should  have  been  made  and  a  straight  line  laid 
down,  connecting  the  monuments,  at  the  extremes  of  this  course,  it 
would  be  found  to  coincide  nearly  with  the  recognized  boundary. 

Such  a  straight  line  was  accordingly  fixed,  by  means  of  perpendicular 
measurements  from  the  datum  line  at  convenient  places  and  its  correct- 
ness tested  by  observations.      Marks  were  set  by  the  Engineer  where 


398  Copies  of  Docvments  Relating  to  the 

suitable  for  ranges,  and  also  in  such  localities  as  he  deemed  proper  for 
monuments,  if  a  straight  line  should  be  determined  upon  as  the  bound- 
ary. Finding  it,  however,  to  vary  from  the  recognized  line  we  soon 
became  satisfied  that  a  further  examination  of  the  ancient  monuments 
was  needed. 

The  season  being  far  advanced,  and  the  investigations  still  to  be  made 
requiring  less  assistance,  the  surveying  party  was  discharged  on  the 
completion  of  the  straight  line,  the  3d  of  last  November. 

The  Monument  in  the  Massachusetts  Line. 

The  monument  at  the  north  end  of  the  boundary  consists  of  a  heap  of 
stones  raised  on  the  surface  of  a  rock  in  1731,  and  since  recognized  and 
added  to  by  the  Commissioners  who  established  the  boundary  of  Massa- 
chusetts in  1 787,  and  those  by  whom  the  district  of  Boston  Corner  was 
set  off  from  Massachusetts  to  New- York,  as  well  as  by  the  various  local 
authorities  of  the  three  States  which  there  join  each  other.  It  is 
described  in  the  statutes  as  being  in  the  south  bounds  of  Massachusetts, 
and  standing  "  in  a  valley  in  the  Taghkanick  mountains  one  hundred  and 
twenty-one  rods  eastward  from  a  heap  of  stones  in  said  bounds  on  the 
top  or  ridge  of  the  most  westerly  of  the  said  mountains." 

This  description  coincides  nearly  with  that  in  the  report  of  the  last 
survey,  but  it  is  defective  in  some  respects.  The  monument  on  the 
"ridge  of  the  most  westerly  mountain  "  must  have  been  found  there  by 
the  surveyors,  in  1731.  Measuring  eastwardly  from  there  they  made  a 
steep  descent,  and  being  shut  in  by  forests  undoubtedly  supposed  them- 
selves in  a  valley.  The  monument  in  reality  stands  a  little  to  the  south 
of  the  summit  of  a  ridge  connecting  the  two  hills  or  mountains 
which  run  north  and  south.  All  the  hills  are  now  covered  with  young 
wood.  The  heap  of  stones  on  the  western  ridge  is  still  undisturbed. 
A  high  and  conspicuous  cairn  of  stones,  raised  by  visitors  to  the  moun- 
tains, on  a  prominent  peak  about  half  a  mile  south  of  the  Massachusetts 
line,  is  liable  to  be  mistaken  for  a  monument  in  the  boundary. 

The  hill,  from  the  last  mentioned  monument  toward  the  west,  is  so 
precipitous  that  slides  are  laid  for  conveying  wood  down  its  side  to  the 
valley  below.  If  the  surveyors,  in  1731,  measured  the  specified  breadth 
of  the  equivalent  lands  from  the  western  corner  [G],  up  this  hill  and 
must  down  its  eastern  slope  by  surface  measurement  as  they  reported,  they 
not  only  have  had  a  most  difficult  task,  but  also  must  have  established 
the  monument  [K]  at  a  long  distance  west  of  the  spot  it  ought  to  have 
occupied. 

The  Recognized  or  Traditionary  Line. 

This  section  of  the  boundary  was  originally  established,  (as  stated  in 
detail  in  the  accompanying  historical  sketch,)  by  measurements  upon 


Boundaries  ob  the  State  of  New  York.  899 

the  surface  of  the  ground,  at  right  angles,  from  the  western  line  of  the 
equivalent  tract. 

At  the  first  break  in  the  mountains  about  six  miles  south  of  Massachu- 
setts, the  recognized  boundary  is  not  far  from  thirty-one  rods  east  of 
the  straight  line.  A  similar  discrepancy,  varying  in  extent,  prevails 
along  the  whole  length  of  this  section,  wherever  the  space  between  the 
eastern  and  western  limits  of  the  equivalent  tract  is  smooth  or  presents 
few  obstacles  to  accurate  measurement. 

On  the  other  hand  in  one  place  where  a  mountain  intervenes,  both 
sides  of  which  were  to  be  measured,  the  traditionary  line  for  a  little 
distance  is  found  to  the  westward  of  the  straight  line.1 

We  found  the  variations  so  great  yet  so  uniformly  in  accordance  with 
this  rule,  that  we  were  forced  to  believe  that  the  actual  results  of  the 
survey  of  1731,  were  very  different  from  a  straight  line  which  accord- 
ing to  the  agreements  and  reports  it  was  the  intention  of  the  Commis- 
sioners to  establish. 

Some  of  the  monuments  erected  in  1731  are  found  and  identified 
beyond  dispute,  though  not  in  the  straight  line.  In  other  places  though 
the  monuments  themselves  are  not  yet  and  may  never  be  identified,  the 
land  held  in  uninterrupted  succession  under  the  patentees  of  the  "  equiva- 
lent tract"  is  described  as  bounded  on  the  State  line  and  that  line  has 
never  been  questioned.  The  monuments  erected  and  adopted  in  1731, 
or  the  lines  fixed  by  reference  to  them,  have  ever  since  been  regarded 
as  marking  the  limits  of  States,  counties,  towns,  patents,  and  farms. 
In  the  survey  of  the  equivalent  lands,  for  the  purpose  of  division  and 
sale,  made  by  Colden  in  1732,  in  accordance  with  which  most  of  the 
land  on  the  New- York  side  of  the  line  is  held,  the  original  monuments 
erected  the  previous  year  were  taken  as  authentic  bounds. 

The  limit  thus  fixed  has  always  been  officially  recognised  as  authentic 
by  the  public  authorities  on  both  sides. 

It  is  impossible  that,  among  interests  so  great  and  so  diverse,  an  error 
of  this  nature  and  magnitude  could  have  crept  in  without  question  or 
resistance  since  the  survey. 

While  in  many  places  there  is  not  a  reliable  tradition  in  regard  to  the 
exact  locality,  the  line  being  ranged  by  ledges,  rocks  or  trees,  and 
exceedingly  crooked;  yet,  in  other  places,  the  vestiges  of  the  former 
surveyors  are  visible  and  not  to  be  mistaken. 

Even  when  uncertainties  exist,  the  limits  beyond  which  the  greatest 
discrepancy,  in  the  belief  of  the  neighbors,  does  not  carry  the  line,  are 
far  within  the  deviation  from  a  straight  course. 

The  whole  territory  included  between  a  straight  line  and  the  best 
defined  traditionary  line  is  about  twenty-six  hundred  acres,  being  forty- 

1  See  Map  No.  4.— Described  in  foot  note,  page  393. — [P. 


400  Copies  of  Documents  Relating  to  the 

two  rods  wide  in  its  greatest  bi-eadth,  and  extending  nearly  the  whole 
length  of  this  course.  Its  form  can  best  be  seen  by  reference  to  Map 
Number  4,1  accompanying  this  report. 

It  comprises  two  or  thee  hundred  inhabitants,  who  have  always,  with- 
out question,  acted  as  citizens  of  this  State,  and  the  polls  of  at  least 
one  New- York  election  district  have  for  generations  been  held  within 
its  limits. 

Disagreement  op  the  Commissioners  prom  the  two  States. 

Neither  of  the  Connecticut  Commissioners  were  pi-esent  upon  the 
completion  of  the  straight  line.  Finding  that  an  unanticipated  investi- 
gation had  become  necessary,  we  at  once  notified  them  of  our  wish  for 
a  conference  with  them  at  the  earliest  day,  and  requested  a  meeting  on 
the  6th  of  November,  at  Stamford,  the  residence  of  one  of  them. 

This  meeting  was  attended  by  both  the  Connecticut  Commissioners 
and  by  the  undersigned  from  this  State,  but  it  proved  a  brief  and 
informal  interview.  We  proposed  to  submit  subjects  for  consideration, 
the  reception  of  which  being  refused,  we  then  stated  them.  They  had 
for  their  object  the  settlement  of  the  line  on  the  basis  of  the  original 
monuments;  the  definite  and  joint  statement  of  the  portion  of  the  line 
already  verbally  agreed  upon;  a  joint  statement  of  our  differences  it 
any;  and  an  adjustment  of  the  expenses  of  the  survey. 

These  were  rejected,  the  Connecticut  Commissioners  refusing  to  con- 
sider any  other  settlement  of  the  boundary  than  upon  a  straight  line,  and 
one  of  them  denying  any  adjustment  of  accounts  till  monuments  should 
have  been  set  on  such  a  line,  upon  which  the  interview  was  terminated. 

We  remained  in  town  the  next  day,  endeavoring  to  effect  a  satis- 
factory understanding.  In  this  effort  we  were  aided  by  one  of  the  Con- 
necticut Commissioners,  but  wearying  in  this  attempt,  after  furnishing 
us  with  a  statement  of  his  expenditures  on  the  joint  account,  he  left  for 
his  own  home. 

Nature  and  Extent  op  our  Powers. 

We  had  from  the  first  held  the  opinion  that  we  had  no  authority 
beyond  finding  and  distinguishing  the  true  boundary  already  existing, 
as  it  was  agreed  upon  in  1683,  and  finally  laid  down  in  1725  and  1731, 
respectively  ;  our  action  could  make  no  new  line  and  could  at  the  most 
be  only  in  the  nature  of  a  verdict  as  to  the  position  of  the  old  one,  which 
the  courts  could  set  aside  on  the  application  of  any  one  aggrieved  by 
our  decision,  if  it  could  be  proved  erroneous.  In  finding  this  line  we 
believed  we  were  to  take  the  marks  left  by  those  who  established  it  as 
conclusive  evidence,  however  much  they  might  vary  from  the  intentions 
of  those  who  placed  them. 

1  See  foot  notes,  pp.  393,  399.— [P. 


Boundaries  of  the  State  of  New  York.  401 

It  was  true  that  the  commissioners  in  1725,  agreed  that  a  straight  line 
should  be  run  from  the  monument  opposite  to  Courtlandt's  Point  to  the 
Massachusetts  boundary,  and  that  in  1731  it  was  reported  to  have  been 
so  run;  but  the  very  statement  of  the  mode  in  which  the  work  was 
conducted  shows  that  such  could  not  have  been  the  fact.  But  whether 
the  lines  as.  run  and  designated  by  monuments  coincided  with  those 
intended  to  have  been  run,  does  not,  in  our  view,  affect  the  question  of 
the  present  line. 

In  the  agreement  of  1731  it  is  expressly  provided  that  the  lines  there 
described  "  as  the  said  lines  run,  through  the  several  monuments  above 
mentioned,  to  have  been  erected  by  the  said  commissioners,  on  the  east 
side  of  the  said  additional  lands  shall  remain  from  henceforth  the  lines 
of  partition  and  division  between  the  province  of  New- York  and  colony 
of  Connecticut  forever." 

In  the  act  of  the  Connecticut  General  Assembly,  passed  October 
eighth,  1730,  it  was  recited  that  in  1725,  a  part  of  the  boundary  "  was 
actually  run  and  ascertained  by  proper  monuments,''''  and  the  line,  so  far 
as  run,  was  ratified.  And  then  in  reference  to  the  remainder  of  the  line, 
at  that  time  still  to  be  surveyed,  after  reciting  the  agreement,  it  was 
enacted  that  "  the  lines  when  run  and  the  places  distinguished  through 
which  they  should  pass"  should  be  the  boundary.  New- York  ratified 
the  line  in  a  similar  manner.  It  thus  appears  that  the  monuments  upon 
the  whole  boundary  were  established  by  law  without  regard  to  the  pre- 
liminary agreements  entered  into  by  the  surveyors;  we  therefore  have 
never  supposed  that  the  commissioners  had  any  authority  to  correct  the 
errors  of  their  predecessors,  or  any  discretionary  power  in  relation  to 
this  matter,  beyond  the  examination  and  admission,  or  rejection  of  the 
evidences  which  might  appear  as  to  the  identity  of  the  old  line  ;  on  this 
principle  all  the  work  had  been  conducted  and  it  had  been  repeatedly 
recognized  and  urged  by  the  Connecticut  commissioners,  as  previously 
stated  in  this  report. 

Advice  of  Counsel. 

To  prevent  the  chance  of  mistake  in  regard  to  our  powers  and  duties, 
and  for  the  purpose  of  facilitating  a  settlement  of  the  matter  upon  a 
correct  and  sure  basis,  we  submitted  the  papers  to  Hon.  George  A. 
Simmons,  Member  of  Congress,  and  chairman  of  the  judiciary  commit- 
tee,— distinguished  in  his  profession  for  his  experience  and  knowledge 
in  matters  involving  questions  of  land  titles  or  boundaries — for  his 
advice. 

He  prepared  an  elaborate  written  opinion  which  was  mailed  at  Wash- 
ington directed  to  us  at  Albany.  It  has  not  been  received  and  although 
the  Post  Office  Department  volunteered  to  search  for  it  we  fear  it  is 
26 


402  Copies  of  Documents  Relating  to  the 

irrecoverably  lost.     For  the  substance  of  this  opinion  reference  is  made 
to  the  letter '  of  Mr.  Simmons  to  us. 

Judge  A.  C.  Paige,  of  the  court  of  appeals,  and  judge  Lucien  Birds- 
eye  of  the  second  district,  were  also  consulted  and  coincided  with  the 
opinion  as  given  by  Mr.  Simmons,  though  neither  of  them  have  written  out 
their  views.  Under  this  advice  we  did  not  feel  at  liberty,  however  much 
we  might  otherwise  have  been  disposed  to  do  so,  to  yield  at  all  to  the 
demands  of  the  Connecticut  Commissioners,  but  considered  it  our  duty 
to  insist  upon  the  line  as  marked  by  the  former  surveyors  and  that  only. 

CORRESPONDENCE   WITH    THE    CONNECTICUT    COMMISSIONERS. 

To  simplify  our  relations  as  much  as  possible,  and  to  avoid  their  com- 
plication by  misunderstanding  or  impei'fect  recollection  of  what  had 
passed  between  us  and  the  Connecticut  Commissioners,  we  on  the  12th 
of  November  last,  gave  written  notice  to  each  of  them  of  our  with- 
drawal of  any  propositions  which  they  might  suppose  us  to  have  pre- 
viously made,  at  the  same  time,  intimating  our  desire  to  receive  others. 

Hearing  nothing  from  them  we  advised  them,  Dec.  2nd,  of  our  having 
consulted  counsel  and  requested  an  interview  at  their  earliest  conven- 
ience, for  the  adjustment  of  all  our  differences,  or  a  joint  recital  of  what- 
ever matters  we  might  not  be  able  to  agree  upon.  By  this  means  we 
hoped  to  avoid  the  probable  variances  of  ex-parte  statements  and  to 
hasten  the  settlement  so  much  to  be  desired. 

This  having  been  disregarded,  we  again  wrote  on  the  17th  of  Decem- 
ber, soliciting  a  statement  of  accounts. 

Receiving  no  response  we  wrote  again  on  the  26th  of  the  same  month, 
for  special  information  relative  to  certain  workmen's  accounts. 

On  the  next  day  we  received  a  letter  dated  December  23d,  signed  by 
Mr.  Holly  alone,  but  not  meeting  the  questions  actually  stated  by  us. 
Mr.  Whiting,  in  a  private  letter,  gave  in  part  the  information  asked  in 
our  last  communication,  but  with  no  satisfactory  reply  to  the  chief  mat- 
ters which  we  had  proposed.  These  being  individual  and  unofficial  let- 
ters, and  in  no  sense  a  reply  by  the  Connecticut  commission,  we  wrote  them 
again  on  the  19th  of  January,  recapitulating  our  former  requests  and 
renewing  the  propositions  for  ajust  and  speedy  termination  of  our  diffi- 
culties, in  more  strong  and  definite  language,  at  the  same  time  demur- 
ring to  any  individual  letters  or  irrelevant  matters. 

A  joint  note  from  both  the  Commissioners,  assuming  and  endorsing 
Mr.  Holly's  letter  of  December  23d,  has  been  received  and  replied 
to  by  us. 

'See  appendix  C.  Letter  of  New- York  Commissioners,  January  19th. — Mr. 
Simmons'  opinion,  as  subsequently  rewritten,  is  annexed  to  this  reprint  of  the 
Report.    See  page  426  post.— [P. 


Boundaries  of  the  State  of  New  York.  403 

All  the  correspondence  referred  to,  except  Mr.  Whiting's  unofficial 
letter,  will  be  found  in  its  proper  order  in  the  appendix.1 

Expenses. 

Although  the  resolution  originating  the  commission  directed  that  its 
expenses  should  be  reported  to  the  Legislature,  no  appropriation  was 
made  for  their  payment.  Understanding  that  arrangements  had  been 
made  for  the  needed  funds  in  anticipation  of  an  appropriation  by  the 
Legislature,  we  entered  into  engagements  for  the  prosecution  of 
the  survey. 

Disappointed  in  this  respect,  the  undersigned  were  compelled  to  make 
other  provision  or  suspend  the  work.  The  Bank  of  the  Republic,  in  the 
city  of  New- York,  on  the  introduction  of  John  Thompson,  Esq., 
relieved  us  from  our  embarrassment  and  enabled  us  to  continue  our 
operations,  relying  upon  an  early  appropriation  for  its  repayment. 

In  the  mean  while  we  were  for  some  time  without  the  means  of  meet- 
ing our  proportion  of  the  expenses  which  were  accruing,  while  for  the 
expenditures  of  the  Connecticut  Commissioners  an  appropriation  had 
been  made  by  that  State. 

The  survey  being  jointly  conducted  by  the  two  commissions,  its  wants 
were  provided  for  by  the  several  members,  as  at  the  time  was  most  con- 
venient, and  bills  were  commonly  paid  by  those  who  contracted  them. 
That  confidence  being  placed  in  the  honor  of  each  of  the  Commission- 
ers to  which  his  position  entitled  him,  there  was  a  comparative  disre- 
gard of  the  relative  amount  of  payments  from  the  two  States  while  the 
work  was  in  progress. 

In  consequence  of  the  absence  of  the  Connecticut  Commissioners  and 
from  other  causes,  during  the  latter  half  of  the  survey,  an  undue  share 
of  the  outlay  fell  upon  us,  borne  the  more  cheerfully  because  of  our 
early  want  of  funds. 

At  various  times  an  adjustment  of  accounts  between  us  was  proposed 
by  either  party,  but  the  absence  of  individuals  or  of  memoranda  had 
prevented  it,  up  to  the  interview  Nov.  6th.  This  was  the  first  oppor- 
tunity which  had  occurred  for  a  settlement  in  many  weeks,  Mr.  Holly 
not  having  been  present  upon  the  latter  half  of  the  survey.  As  the 
work  was  now  suspended  it  was  right  and  proper  that  our  financial  mat- 
ters should  be  adjusted  independently  of  all  other  questions. 

The  utter  refusal  of  our  request  at  that  time  both  disappointed  and 
astonished  us.  Upon  the  other  matters  agitated,  we  can  see  ground  for 
an  honest  difference  of  opinion,  involving  as  they  do,  important  legal 
questions.     For  the  course  taken  upon  this  matter  on   the  occasion 

1  It  is  not  deemed  important  to  reproduce  that  correspondence  in  connection  with 
this  reprint  of  the  Commissioners'  Report. — [P. 


404  Copies  of  Documents  Relating  to  the 

referred  to,  and  the  persistence  up  to  this  time  in  the  denial  of  a  settle- 
ment except  upon  an  impossible  condition,  no  justification  has  been 
attempted,  nor  can  we  imagine  any  motive  consistent  with  the  relations 
of  the  Connecticut  Commissioners  to  us  and  their  own  State. 

Although  we  were  confident  that  our  payments  had  exceeded  those 
made  by  them,  we  paid  or  guaranteed  the  debts  of  the  joint  commission, 
so  far  as  known  to  us,  being  unwilling  that  the  credit  of  our  State 
should  suffer  by  their  action,  and  preferring  that  the  State  of  New- York 
should  hold  the  claims  against  Connecticut,  l-ather  than  that  individuals 
should  be  deprived  of  their  dues  or  be  put  to  inconvenience  in  recover- 
ing them  of  the  Connecticut  Commissioners. 

A  law  was  passed  by  the  present  Legislature,  approved  by  the  Gov- 
ernor, February  21st,  1857,  appropriating  money  for  the  payment  of 
the  expenses  incurred  and  services '  rendered  by  the  Commissioners  in 
prosecuting  this  work,  in  accordance  with  which  the  following  sums 
have  been  paid  by  the  Comptroller,  the  accounts  for  the  same  being 
deposited  in  his  office. 

On  Account  of  the  Joint  Commission. 
For  services,  board  and  transportation  of  engi- 
neers and  assistants,  and  for  various  miscella- 
neous items, $2 ,  637  99 

On  Account  of  the  State  of  New- York. 
For  services,  traveling  expenses,  &c,  of  com- 
missioners, cost  of  maps,  copies  of  documents, 
&c,  &c, 3,072  57 

On  Account  of  the  State  of  Connecticut. 

For  board  of   Messrs.  Whiting  and   Holly  at 

sundry  times, 11  00 


i,721  56 

Other  expenses  incurred  and  paid  by  the  commissioners,  not  being 
yet  settled  at  the  Comptroller's  office,  are  not  stated  here. 

Of  the  sums  stated  as  paid,  on  account  of  the  joint  commission,  we 
are  uncertain  what  proportion  is  properly  chargeable  to  Connecticut. 
As  already  related,  one  of  the  commissioners  from  that  State  not  only 
refuses  a  settlement  of  accounts,  but  even  a  statement  of  expenditures. 
We  have,  however,  from  the  Comptroller  of  Connecticut,  received  an 
exhibit  of  the  money  paid  by  him  to  the  commissioners,  in  which  there 

1  See  appendix  E—  This  is  chapter  47,  N.  Y.  Laws  of  1857.    See  page  387,  ante.— |  P, 


Boundaries  of  the  State  of  New  York.  405 

appear  items  supposed  to  be  properly  chargeable  to  the  joint  commis- 
sion, amounting  to  $936.06. 

This  would  make  the  balance  in  favor  of  New- York  $850.96;  but  we 
are  aware  of  large  items  incurred,  and,  as  we  had  supposed,  paid  by  the 
Connecticut  commissioners,  which  do  not  appear  in  the  Comptroller's 
statement.  If  these  have  been  paid  they  will  reduce  this  balance;  if 
not,  a  part  of  them,  at  least,  will  be  assumed  by  us  and  will  enhance  it.1 

What  has  been  Accomplished? 

Although  we  are  unable  to  report  a  complete  performance  of  the  duties 
assigned  to  us  and  a  satisfactory  settlement  of  the  questions  pertaining 
to  them,  none  of  the  work  executed  will  be  rendered  unnecessary  by  the 
differences  which  have  arisen.  The  survey  was  suspended  at  such  a 
point  that  whatever  line  may  be  finally  adopted,  the  work  remaining  to 
be  done  will  be  but  the  completion  of  what  we  have  already  commenced. 

About  thirty  miles  of  the  boundary  is  practically  determined. 

On  the  remaining  portion,  more  than  fifty  miles  in  length,  a  straight 
line  connecting  its  extremities  has  been  run,  and  marked,  forming  a  basis 
for  such  additional  operations  as  may  be  necessary  to  distinguish  the 
points  in  the  boundary  which  may  hereafter  be  fixed  upon. 

The  relative  position  of  this  line  and  the  ancient  line  in  many  places 
has  been  ascertained. 

The  entire  survey  thus  far  is  one  in  which  we  take  pride  for  its 
thorough,  accurate,  expeditious  and  economical  execution,  as  compared 
either  with  former  surveys  of  the  same  lines  or  with  similar  work  at  the 
present  day. 

The  necessity  of  the  work  has  been  demonstrated  and  a  state  of  facta 
disclosed  relative  to  the  vagueness  and  imperfection  of  this  boundary, 
which  is  at  the  same  time  a  discredit  to  the  Government  of  both  the 
adjoining  States  and  a  high  testimonial  to  the  patience,  forbearance,  and 
placable  disposition  of  the  people  on  either  side. 

The  causes  of  these  doubts  and  difficulties  have  been  investigated; 
records,  public  and  private  have  been  searched  and  compared,  and  the 

1  The  comparative  cost  of  this  survey,  and  the  last  one  executed  previously,  may 
be  judged  from  the  following  facts: 

In  1717  New- York  appropriated  for  the  expenses  of  settling  the  line  seven  hun- 
dred and  fifty  ounces  of  plate.  This  was  exhausted  before  1725.  The  bills  paid  by 
New- York  for  the  survey  of  that  year,  extending  twenty- one  miles,  amounted  to 
£198  9s.4  How  much  Connecticut  had  paid  in  addition  to  this  does  not  appear. 
The  cost  of  completing  the  lines  in  1730,  which  was  borne  by  the  patentees  of  the 
equivalent  tract,  is  stated  by  them  to  have  been  more  than  £2000. 

All  these  were  inferior  compass  surveys,  made  without  cutting  a  transit  path 
through  forests,  &c. 

aSee  appendix  X. — See  page  348,  ante. — [P. 


406  Copies  of  Documents  Relating  to  the 

papers  relating  to  the  origin,  progress  and  former  attempted  settlements 
of  the  disputes  on  this  subject  thoroughly  examined. 

The  facts  relating  to  the  line  are  mainly  ascertained  and  the  questions 
reduced  to  a  simple  one  of  law,  easy  to  be  determined. 

Aside  from  its  utility  in  determining  the  boundary  the  survey  has 
incidentally  been  serviceable  in  other  respects. 

State  Map. 

It  shows  the  importance  and  pressing  necessity  for  an  official  State 
map.  Though  we  may  be  justly  proud  of  the  enterprise  and  munifi- 
cence of  the  Empire  State,  it  is  surpassed  by  several  of  its  neighbors  in 
the  provisions  made  for  the  correct  delineation  of  the  form  and  features 
of  the  surface  and  the  divisions  of  territory,  as  well  as  in  the  care  taken 
for  the  preservation  of  "  the  ancient  landmarks." 

There  are  no  accurate  or  authentic  maps  of  town  or  county  limits 
deposited  in  any  public  office.  In  many  cases  the  bounds  are  designated 
in  no  wise  on  paper  or  on  the  land,  except  by  heaps  of  stones  or  marked 
trees.  Whatever  is  known  to  the  public  of  the  courses  of  streams,  the 
height  or  extent  of  mountains,  or  the  windings  of  roads  is  learned  from 
maps  prepared  from  most  imperfect  information,  and  published  at  pri- 
vate risk.  Occasionally  the  State  has  been  called  on  to  purchase  an 
edition  of  a  "State  atlas"  compiled  by  individual  enterprise,  many 
years  since,  from  such  materials  as  then  existed,  and  it  has  thus  assumed 
a  sort  of  official  character.  The  unreliability  of  this  work  appears  from 
the  discrepancies  which  our  survey  has  disclosed. 

We  cannot  refrain  from  alluding  to  the  facilities  for  the  execution  of 
such  a  work  as  would  be  creditable  and  in  the  highest  degree  useful  to 
the  State,  afforded  by  the  operations  of  the  United  States  coast  survey, 
already  extended  over  five  counties.  In  one  of  them  a  long  and  accu- 
rate base  line  has  been  measured,  from  which  triangulations  have  been 
extended  in  the  vicinity  of  the  Hudson  river  into  the  very  heart  of  the 
State.  The  corps  of  United  States  Topographical  Engineers  on  the 
lakes  has  also  rendered  much  valuable  service,  and  the  magnetic  tele- 
graph in  connection  with  the  Dudley  Observatory,  so  munifioently 
endowed  by  our  citizens,  is  ready  to  join  these  operations  with  one 
another  and  determine  the  true  position  of  scores  of  prominent  towns. 

With  the  contributions  to  the  detail  of  such  an  enterprise,  which  may 
be  derived  from  the  canal  and  railroad  surveys,  we  class  the  informa- 
tion furnished  by  our  work,  as  being  accurate,  full  and  reliable. 

Present  Condition  of  the  Boundary. 
The  action  of  the  Connecticut   Commissioners,   if  nothing   further 
should  be  done,  would  result  in  leaving  the  line  in  a  worse  state  of  con- 


Boundaries  of  the  State  of  New  York.  407 

fusion  than  that  in  which  it  was  found.  There  is  now,  for  the  first  time 
in  this  century,  a  "  disputed  territory."  The  inhabitants  along  the  line 
are  in  great  perplexity.  Unpleasant  feelings  have  arisen  which  can  only 
be  prevented  from  becoming  more  serious  and  permanent,  by  the  most 
prompt  and  decisive  action. 

One  of  the  Connecticut  Commissioners  has  advised  citizens  of  New- 
York  residing  within  the  lines  of  the  survey,  to  vote  in  Connecticut  and 
many  are  in  doubt  respecting  their  own  citizenship. 

For  the  purpose  of  quieting  the  people  along  the  line  we  have  issued 
a  circular,  denying  that  any  change  of  line  has  been  made,  which  is 
given  in  the  appendix.1 

What  Remains  to  be  Done? 

Before  the  purposes  of  the  commission  shall  be  accomplished,  work  of 
much  importance  is  to  be  done,  requiring  the  exercise  of  prudence  and 
care;  yet  nothing  which  with  a  disposition  to  settle  justly  and  perpetu- 
ally the  questions  which  have  arisen  may  not  be  done  with  little  loss  of 
time  or  expenditure  of  money. 

Whether  we  are  bound  to  follow  the  ancient  monuments,  or  may 
endeavor  to  correct  old  errors,  is  a  legal  question  which  may  be  quickly 
disposed  of  if  both  parties  desire  its  decision. 

If  our  view  is  correct,  on  the  upper  portion  of  the  boundary  the  iden- 
tification of  the  original  land-marks  is  to  be  completed  and  their  relative 
position  to  the  lines  laid  down  by  the  survey,  ascertained.  The  bound- 
ary fixed  upon  is  to  be  marked  by  monuments.  Stones  for  this  purpose 
are  already  prepared. 

On  the  lower  section  of  the  line,  the  correctness  of  some  of  the  monu- 
ments already  erected  is  to  be  tested,  and  at  points  a  further  investiga- 
tion of  the  old  line  may  be  required. 

When  the  true  line  shall  thus  have  been  identified  and  distinguished, 
a  minute  and  careful  description  of  the  position  of  each  of  the  monu- 
ments erected  is  to  be  made  and  executed  by  both  commissions  in  testi- 
mony of  the  official  establishment  of  the  bounds  and  for  future 
identification  of  the  monuments  or  their  sites.  Copies  of  this  agree- 
ment should  be  deposited  in  the  local  offices  of  record  on  both  sides  of 
the  line  as  well  as  with  the  Secretaries  of  the  States;  and  perhaps  for 
more  certainty,  it  should  be  ratified  by  the  two  Legislatures. 

If  there  shall  be  liability  of  delay  in  the  settlement  of  disputes  on 
any  portion  of  the  line,  that  part  which  does  not  give  rise  to  them  should 
be  officially  described  at  once. 

The  accounts  of  the  commissioners  are  to  be  adjusted  and  any  balance 
paid,  which  may  be  due  to  either  State. 

1  See  appendix  F.— Not  included  in  this  reprint.— [P. 


408  Copies  of  Documents  Relating  to  the 

Who  are  Responsible  for  the  Troubles  ? 

Why  all  this  has  not  been  done  has  already  been  stated.  We  cannot 
take  the  responsibility  of  the  failure  upon  ourselves;  we  are  conscious 
of  no  lack  of  proper  effort  to  prevent  it. 

Associated  with  strangers  and  charged  with  ascertaining  the  correct, 
among  the  many  erroneous  lines,  from  the  rubbish  of  countless  tradi- 
tions, piles  of  musty  documents  as  indefinite  as  verbosity  could  make 
them,  and  from  a  combination  of  true  and  false  landmarks,  our  duty 
was  one  of  exploration  and  investigation,  the  varying  phases  of  which 
we  could  neither  anticipate  nor  provide  for. 

We  have  been  liberal  to  the  very  limit  of  our  powers  and  to  the  last 
degree  consistent  with  our  duty  to  the  State;  our  individual  convenience 
and  personal  feelings  have  in  all  cases  been  made  to  yield  for  the  accom- 
plishment of  the  purposes  of  our  appointment,  and  to  our  endeavor  to 
prevent  or  to  terminate  controversies  with  our  associates  from  the  other 
State;  we  have  been  unsuccessful  in  these  efforts,  and  see  no  prospect  of 
agreement  with  them  so  long  as  they  adhere  to  their  present  determina- 
tion or  while  either  of  them  may  prevent  the  adoption  of  a  different  policy. 

It  is  not  for  us  to  propose  the  method  for  the  removal  of  these  diffi- 
culties. With  the  State  or  Connecticut  rests  the  responsibility  of 
future  action,  and  we  cannot  believe  that  when  the  facts  become  known, 
any  unnecessary  delay  will  be  permitted  by  that  State  in  the  settlement 
of  the  troubles  existing,  in  a  manner  consistent  with  its  dignity  and  the 
honor  of  its  citizens  and  their  public  officers. 

Acknowledgments. 

We  take  this  opportunity  to  return  our  acknowledgments  to  the  peo- 
ple living  near  the  routes  of  our  survey,  to  whose  hospitality  and  ready 
assistance  in  promoting  our  work,  often  at  much  inconvenience  to  them- 
selves, we  were  greatly  indebted;  to  Mr.  Wentz,  the  engineer,  whose 
skill,  persevering  industry,  sound  judgment  and  excellent  management 
were  apparent  through  the  whole  work,  winning  the  confidence  of  all; 
to  the  various  members  of  the  surveying  corps  who  performed  their 
arduous  and  often  disagreeable  duties  with  energy  and  cheerfulness; 
and  to  Mr.  Andrew  Perry,  one  of  the  number  who  for  a  time  repre- 
sented the  Connecticut  commissioners  in  their  absence,  exhibiting 
varied  information  and  practical  qualifications  which  rendered  him  an 
eminently  useful  and  agreeable  associate. 

Valuable  assistance  in  the  investigation  of  the  historical  questions  has 
been  rendered  us  by  Mr.  George  H.  Moore,  librarian  of  the  N.  Y.  His- 
torical society,  and  by  Dr.  E.  B.  O'Callaghan,  but  for  whose  systematic 
arrangement  of  the  papers  in  the  Secretary's  office  and  his  familiarity 
with  their  contents,  our  labor  would  have  been  greatly  enhanced. 


DIAGRAM  showing  the  relative  position  of  various  lines 
referred  to  in  the  Report  of  the  Commissioners  on  the 
New  York  and  Connecticut  Boundary,  made  to  the 
Legislature  of  New  York,   1  887. 


Lines  referred  to  in  the  agree- 
ment of  1683,    C.  N.  0.  Lines  run  ^Itfu 
by  Surveyors  in  1684,  and  re-surveyed  ^§fe|  v 
by  Commissioners  in  1725,    C.  D.  E.  §|f,fr?M  Siu& 
and    L.  0. 

Lines  surveyed  by  Commissioners 
and  Surveyors  in  1730,  E.  F.  G., 
M.  F.,  R.  G. 


N  E  W 


'^efie/d 


Nonvalk 


Boundaries  of  the  State  of  New  Yore.  409 

Accompanying  Papers,  &c. 

We  have  endeavored  to  relate  in  as  concise  a  manner  as  possible  with- 
out prejudice  or  coloring,  the  facts  connected  with  our  own  transactions. 
For  the  better  understanding  of  the  causes  which  led  to  the  establish- 
ment of  the  commission  the  main  features  of  the  previous  controversies 
and  negotiations  are  given  in  a  historical  sketch  annexed.  The  various 
legislative  proceedings,  correspondence,  and  other  papers  referred  to  in 
connection  with  our  proceedings,  and  a  report  made  to  us  by  the 
engineer,  may  be  found  in  the  appendix.  We  have  also  appended  lit- 
eral copies  of  the  more  important  of  the  many  documents  examined  by 
us  in  connection  with  the  early  history  of  this  matter.  The  originals  are 
deposited  in  the  Secretary's  office  and  elsewhere,  and  but  few  of  them 
have  ever  been  printed  while  others  have  been  but  imperfectly  so.  As 
important  interests  depend  upon  them  their  preservation  in  print  seems 
desirable. 

A  small  diagram  of  the  various  lines  fixed  at  different  periods  has 
been  prepared  to  illustrate  the  report  and  history.  Also  a  general  map 
of  the  boundary  with  the  original  surveys,  &c. ;  a  plan  of  Byram  river; 
and  plans  showing  the  relative  position  of  the  best  defined  traditionary 
and  surveyed  lines  on  other  parts  of  the  boundary. 

"  Captain's  Island." 
We  have  learned  that  in  addition  to  the  boundary  questions,  there  is 
also  a  controversy  respecting  the  jurisdiction  over  Captain's  Island  lying 
in  the  sound  near  the  mouth  of  Byram  River.  As  the  extent  of  our 
powers  in  respect  to  this  matter  was  quite  uncertain  we  entered  into  no 
negotiation  regarding  it  and  made  no  investigations,  except  incidentally, 
into  the  origin  or  extent  of  the  disputes.  We  are,  however,  satisfied 
that  some  decision  of  the  question  is  urgently  required. 


SUMMARY. 

A  survey  has  been  executed  under  the  direction  of  the  commissioners 
of  both  States,  acting  as  a  joint  board,  regularly  organized. 

The  uncertainties  of  the  line,  the  defects  of  the  statutes  describing 
the  boundaries,  the  want  of  reliable  surveys  or  maps,  and  the  necessity 
for  the  work,  have  been  demonstrated  by  this  survey. 

The  boundary  for  thirty  miles  is  mainly  ascertained. 

Upon  the  remaining  fifty  miles  a  legal  question  arises.  The  former 
surveyors  first  agreed  and  undertook  to  lay  down  a  straight  line  from 
the  Ridgefield  angle  to  Massachusetts.  Having  performed  the  work  by 
the  erection  of  monuments,  they  subsequently,  by  a  further  written 


410  Copies  of  Documents  Relating  to  the 

agreement,  declared  "  the  line "  to  be  "  through  the  monuments " 
thus  erected. 

The  line,  thus  marked  and  established  in  1731,  is  found  to  differ  widely 
from  a  direct  course.  Acting  under  advice  of  counsel,  we  adhere  to  the 
ancient  landmarks  as  denoting  the  legally  recognised  boundary,  which 
alone  we  are  authorised  to  ascertain  and  mark;  while  the  Connecticut 
commissioners  contend  for  a  straight  line,  assuming  to  adopt  it  upon 
our  implied  assent. 

Such  a  straight  line  was  run,  as  a  matter  of  course,  in  the  regular 
progress  of  the  survey,  and  as  a  necessary  preliminary  to  the  identifica- 
tion of  the  correct  landmarks,  and  marked  at  points  selected  condition- 
ally for  monuments,  if  it  should  be  finally  fixed  upon. 

It  was  to  be  supposed  the  boundary  would  coincide  with  a  direct  line. 
If,  upon  the  decision  of  the  legal  question,  the  true  line  shall  be 
declared  to  follow  the  straight  course,  there  only  i-emains  to  the  com- 
pletion of  our  work  the  erection  of  monuments;  if,  to  pass  through  the 
points  fixed  in  1731,  there  is  an  accurate  base  line  for  future  operations. 

But  that  line  was  not  declared  the  boundary,  nor  have  we  at  any  time 
assented  to  it  as  such. 

By  the  resolutions  under  which  we  are  acting,  our  powers  and  duties 
are  limited  to  ascertaining  and  marking  the  boundary  assumed  to  exist, 
not  extending  to  the  establishment  of  a  new  one. 

The  following  propositions  have  been  repeatedly  presented  to  and 
urged  upon  the  consideration  of  the  Connecticut  commissioners: 

First.  To  "ascertain"  the  boundary  marked  in  1731  as  the  only  line 
we  have  a  right  to  adopt  in  the  legal  performance  of  our  duty. 

Second.  The  joint  execution  of  instruments  in  writing  declaring  and 
identifying  the  lines  we  shall  adopt. 

Third.  The  execution  of  these  respecting  the  parts  of  the  line  we 
now  agree  upon. 

Fourth.  An  adjustment  of  our  financial  affairs. 

Fifth.  A  joint  statement  of  the  questions  on  which  we  differ,  with 
the  position  of  either  party,  in  order  to  facilitate  their  determination. 

The  Connecticut  Commissioners,  upon  the  lower  portion  of  the  line 
urged  an  adherence  to  the  old  monuments,  but  in  respect  to  the  remain- 
der, while  they  neither  assent  to  or  deny  any  of  our  propositions,  they 
contend  for  a  straight  line. 

If  the  position  we  assume  is  correct  and  shall  be  maintained,  the 
boundary  will  remain  as  it  always  has  been,  unchanged,  except  that 
where  it  is  now  in  doubt  or  confusion,  it  will,  when  the  work  shall  have 
been  completed,  be  rendered  plain  and  unmistakeable. 

On  the  other  hand,  if  the  claims  of  the  Connecticut  Commissioners 
are  allowed,  a  tract  of  land  embracing  several  thousand  acres,  with  its 


Boundaries  of  the  State  of  New  York.  411 

inhabitants,  including  a  thriving  village  hitherto  unquestioned  as  a  part 
of  this  State,  will  be  transferred  to  Connecticut. 

Such  a  transfer  would  be  both  illegal  and  unjust. 

An  investigation  of  the  method  by  which  the  "  equivalent  tract  "  was 
set  off  to  New- York  in  1731  shows  that  the  errors  committed  were  in 
favor  of  Connecticut,  and  their  correction,  by  removing  the  northern 
terminus  of  the  line  towards  the  east,  would,  we  are  confident,  add 
territory  to  our  State  that  has  been  hitherto  possessed  by  Connecticut. 
The  mistakes  of  the  former  Commissioners,  however,  were  adopted  by 
them,  ratified  by  both  Legislatures,  and  ever  since  have  been  adhered 
to,  concluding  all  parties.  . 

It  is  undoubtedly  better  to  leave  the  inhabitants  on  both  sides  undis- 
turbed, than  to  attempt  (if  legally  empowered  to  do  so,)  to  change  the 
political  relations  of  people  who,  for  a  hundred  and  twenty-five  years, 
have  dwelt  in  perfect  confidence  in  their  allegiance  to  the  respective 
States. 

Especially  would  it  be  unjust  by  correcting  errors  in  part  only,  to 

detach  land  from  New-York  to  Connecticut,  which   State  originally 

retained  too  much,  and  since  their  increased  value  has  accrued  under  this 

State.     Such  a  dismemberment  of  our  State  we  can  but  resist,  and  trust 

when  the  facts  become  known  to  the  people  of  Connecticut  it  will  not 

be  further  attempted. 

All  which  is  respectfully  sumbitted, 

SAM'L  D.  BACKUS, 
J.  TARBELL. 

The  undersigned  having  spent  less  time  than  his  associates,  Messrs. 
Backus  and  Tarbell,  with  the  party  engaged  in  the  survey  of  the  line, 
has  but  limited  personal  knowledge  of  the  facts  involved  in  the  matterB 
of  difference,  and  especially  those  of  a  personal  nature,  which  have 
arisen  between  them  and  the  Commissioners  on  the  part  of  Connecticut; 
and  in  these  personal  differences  he  prefers  to  take  no  part. 

The  position  assumed,  however,  by  his  associates,  under  the  advice  of 
counsel,  that  this  commission  is  bound  to  follow  the  line  actually  run 
and  established  by  the  former  Commissioners,  has  his  fullest  concurrence. 

A  difference  of  opinion  on  this  point  appeared  at  the  first  joint  meet- 
ing of  the  Commissioners.  It  was  intended  on  the  part  of  the  Connecticut 
Commissioners  that  we  should  be  governed  by  the  courses  and  distances 
as  given  in  the  description  of  the  boundary,  disregarding  all  monuments 
except  those  at  the  angles.  The  undersigned,  on  the  other  hand,  insist- 
ing that  intermediate  monuments  should  control  equally  with  those  at 
the  termini  of  straight  lines.  That  we  had  no  authority  except  to  ascer- 
tain, by  the  best  evidence  we  could  find,  the  line  as  actually  run  by  the 


412  Copies  of  Documents  Relating  to  the 

Commissioners  who  established  it.  And  we  had  no  power  to  change 
such  line  in  any  particular,  whatever  errors  had  been  committed  in  the 
original  survey. 

At  the  next  meeting  it  was  decided  to  commence  the  survey,  by  run- 
ning a  direct  line  between  "  The  Great  Stone  at  the  Fording  Place  "  and 
"  The  Duke's  Trees,"  and  that  this  should  be  regarded  as  the  true  line 
unless  evidences  to  the  contrary  should  be  found  ;  the  Connecticut  Com- 
missioners thus  yielding  the  principle  for  which  they  had  previously 
contended. 

Subsequently,  and  during  the  absence  of  the  undersigned,  such  action 

was  taken  as  has  resulted  in  the  Connecticut  Commissioners  re-assuming 

their  original  position,  and  in  the  present  disagreement  between  them 

and  the  Commissioners  on  the  part  of  this  State. 

BEN  FIELD. 


(B.) 

ENGINEER'S  REPORT. 

Albany,  Dec.  17,  1856. 
C.  W.  Wentz,  Esq.,  Engineer  in  charge  of  the 

New-  York  and  Connecticut  boundary  survey. 
Dear  Sie. —  Questions  between  us  and  the  Connecticut  Commissioners 
are  assuming  such  an  aspect  that  they  may  prevent  an  immediate  adjust- 
ment of  the  boundary.  We  may  therefore  be  compelled  to  make  an 
ex  parte  statement  of  our  doings  thus  far,  and  shall  esteem  it  a  favor  if 
you  will  furnish  us  the  details  of  the  work  as  far  as  the  survey  has  pro- 
gressed, with  the  necessary  maps,  in  advance  of  your  report  to  the  joint 
commission. 

A  full  description  of  the  points  conditionally  selected  for  monuments 
on  any  portion  of  the  line,  need  not,  of  course,  be  included. 
Respectfully  yours,  &c, 

SAM'L  D.  BACKUS, 
J.  TARBELL, 

Commissioners. 

Messrs.  Backus  and  Tarbell,  Com'rs,  <&c. : 

Gentlemen. —  I  herewith  transmit  a  report  of  the  surveys  of  the 
boundary  line  between  the  States  of  New- York  and  Connecticut,  pre- 
pared in  compliance  with  your  request. 

Respectfully,    &c, 

C.  W.  WENTZ,  Engineer. 
Albany,  January  1,  1857. 


Boundaries  of  the  State  of  New  York.  413 

REPORT. 

The  survey  party,  consisting  of  the  chief  engineer  with  John  L. 
Stephenson  as  assistant,  two  flagmen,  two  chain  bearers  and  an  axeman, 
was  fully  organized  at  Port  Chester,  on  the-  25th  of  June  last,  and  the 
survey  commenced  at  the  north  end  of  the  line,  described  in  the  original 
survey  as  running  from  the  "great  stone  at  the  wading  place  in  Byram 
river,"  to  the  "  Duke's  trees." 

It  was  deemed  advisable  to  trace  this  line  from  the  north  angle,  as 
this  point  could  be  identified  with  more  certainty,  and  a  better  oppor- 
tunity was  afforded  for  procuring  a  range  that  would  approximate  to 
the  line. 

On  arriving  with  our  datum  line  at  Byram  river,  I  found  a  departure 
from  the  point  fixed  upon,  as  being  the  one  described  in  the  original 
survey  as  the  "great  stone  at  the  wading  place,"  of  7  chains  and  36 
links  to  the  west,  in  a  distance  of  574-j^j  chains  as  measured. 

I  may  here  remark  that  in  all  the  measurements  made  on  the  lines 
between  angles,  I  adopted  the  system  pursued  in  the  original  survey, 
to  wit :  surface  measurements,  making  such  deductions  for  the  purpose 
of  calculating  angles  as,  from  a  close  observation  of  the  irregularities 
of  the  surface,  might  be  deemed  necessary. 

Having  calculated  the  angle  necessary  to  overcome  the  departure,  the 
line  was  retraced  in  detail  and  measured  ;  and  from  this  line,  the  points 
at  which  monuments  were  to  be  set,  were  established. 

A  careful  examination  of  the  whole  line  was  made,  in  connection  with 
the  survey,  to  ascertain  if  any  of  the  monuments  designated  in  the 
original  survey  could  be  identified,  but  none  were  found. 

This  line,  as  finally  established,  commences  at  a  large  rock,  rising 
considerably  above  the  surface  of  the  ground,  in  which  it  is  imbedded, 
situated  on  the  easterly  side  of  the  Byram  river,  near  the  east  end  of 
the  bridge,  and  upon  the  northerly  or  up  river  side  of  the  same,  and  is 
supposed  to  have  been  fixed  as  being  at  the  head  of  tide  water. 

Pursuing  the  line  from  this  point,  its  magnetic  bearing  is  north  24^° 
west.  At  8  chains  it  crosses  Byram  river,  and  leaving  the  valley  of  the 
stream,  follows  near  the  westerly  declivity  bordering  the  stream,  for 
about  l£  miles,  when  it  approaches  the  east  line  of  "King  street  l-oad," 
along  which  it  runs  for  about  1  mile,  when  the  road  diverges  to  the  east 
and  the  line  crosses  to  the  west  side,  and  thus  continues,  varying  in  dis- 
tance from  the  road,  from  3  to  5  chains,  for  about  50  chains,  when  it  is 
again  transferred  to  the  east  side  of  the  road  and  is  traversed,  nearly 
parallel  to  it,  for  over  f  of  a  mile,  when  it  again  crosses  to  the  west 
side.  From  this  point  the  road  gradually  diverges  from  the  line,  reach- 
ing a  distance  of  15  or  20  chains  east  of  it,  and  only  approaches  it,  and 


414  Copies  of  Documents  Relating  to  the 

is  crossed  and  recrossed  by  the  line,  at  a  bend  in  it  near  the  465th  chain, 
the  line  keeping  on  the  west  side,  with  the  above  exception,  to  near  the 
490th  chain,  where  it  again  crosses  to  the  east  side,  and  remains,  vary- 
ing from  5  to  8  chains  in  distance,  to  near  the  termination  of  the  line  at 
the  angle  described  in  the  original  survey;  being  in  the  road,  a  little  to 
the  west  of  the  carriage  track. 

The  stone  described  in  the  original  survey,  as  being  marked  with  the 
letters  C.  R.,  was  here  found  with  the  letters  distinctly  visible. 

The  surveys  for  this  line  were  completed  on  the  12th  of  July,  the 
party  having  been  disbanded  for  three  days  in  the  interim. 

Survey  of  Btram  River. 

Before  changing  the  location  of  the  survey  party,  it  was  deemed 
advisable  to  make  the  surveys  necessary  to  establish  the  line  along  the 
Byram  river,  from  "  Lyon's  Point "  to  the  "  great  stone  at  the  wading 
place:"  A  minute  and  accurate  survey  was  therefore  made  of  the  river, 
and  a  portion  of  the  shore  of  the  Sound  to  the  eastward  of  the  Point. 

This  survey  was  made  upon  the  east  or  Connecticut  side  of  the  river, 
and  covers  a  base  line  203  chains  in  length,  with  about  100  triangula- 
tions,  and  is  illustrated  by  the  accompanying  map  in  detail,  to  which 
reference  is  made.1 

The  proposed  division  line  is  fixed  by  monuments  and  reference  points, 
established  on  the  river  bank,  which  points  are  designated  by  permanent 
marks  easily  identified. 

This  branch  of  service  occupied  the  party  until  the  24th  of  July. 

Line  Running  Parallel  to  the  Sound. 

The  party  now  resumed  the  survey  of  the  line  commencing  at  the 
angle  at  the  "  Duke's  Trees,"  where  the  line  from  Byram  river  terminated. 

In  starting  from  this  point  it  became  necessary  to  rely  somewhat  upon 
the  data  furnished  by  the  original  survey  in  establishing  a  datum  line, 
and  it  was  determined  to  make  the  same  angle  from  the  established  line 
as  is  shown  by  the  magnetic  bearing  given  of  the  two  lines  in  the 
original  survey.  This  gave  a  magnetic  bearing  for  the  line  of  north  66f 
deg.  east,  which  we  adopted  and  traversed  the  line  about  2  miles,  when 
it  was  ascertained  that  we  were  diverging  considerably-to  the  south  of 
the  traditionally  marks  of  the  State  line,  and  it  was  therefore  deemed 
advisable  to  change  the  bearing  of  the  line. 

This  rendered  it  necessary  to  return  to  the  "Duke's  Trees"  corner, 
and  the  bearing  of  the  datum  line  was  changed  so  as  more  nearly  to 
approximate  to  the  traditionary  line,  giving  a  magnetic  bearing  of  north 
66£  deg.  east. 

1  This  map  is,  or  diagram  No.  3,  described  on  page  393,  ante. — [P. 


Boundaries  of  the  State  of  New  York.  415 

The  datura  line  thus  adopted  was  laid  on  an  offset  of  2  chains  and  35 
links  southerly  of  the  angle  at  the  "  Duke's  Trees  "  for  the  purpose  of 
avoiding  the  obstructions  which  intervened  immediately  on  the  line. 
The  datura  line  was  continued  on  this  offset  to  its  termination. 

The  country  over  which  this  line  passes  differs  in  character  from  that 
traversed  by  the  lines  from  the  "  wading  place  in  Byram  river  "  to  the 
"  Duke's  trees."  The  latter  follows  more  nearly  up  the  water  courses 
from  the  sound,  and  as  a  consequence  encounters  few  irregularities  of 
surface,  while  in  the  case  of  this  line,  it  runs  parallel  with  the  sound  and 
crosses  the  streams  and  ridges  at  right  angles. 

In  this  way  the  main  branch  of  Byram  river  is  crossed,  near  its  head 
waters,  at  75  chains,  and  "  Brundage's  ridge  "  at  190  chains;  descending 
"  Brundage's  ridge  "  another  branch  of  Byram  river  is  crossed  near  the 
240th  chain.  The  line  immediately  ascends  another  elevation,  and 
passes  over  a  rolling  and  somewhat  broken  surface,  to  the  small  village 
of  Bauksville  near  the  430th  chain,  where  it  crosses  the  Maharness 
river,  which  here  runs  northward,  and  reaches  an  elevated  ridge, 
(McKay's,)  bounding  the  valley  of  Maharness  river,  at  the  575th  chain. 
The  traditionary  line,  at  McKay's  ridge,  is  some  rods  north  of  the 
datum  line. 

Maharness  river  is  again  crossed  at  the  656th  chain.  The  valley  on  the 
east  side,  at  the  crossing,  is  bounded  by  a  steep  and  almost  inaccessible 
bank,  rising  to  the  height  of  150  or  200  feet.  Reaching  this  elevation 
the  line  passes  over  a  rolling  surface,  to  the  small  town  of  "Long 
Ridge,"  at  the  645th  chain  where  the  traditionary  line  is  about  8  rods 
north  of  the  datum  line. 

Leaving  Long  Ridge  the  line  passes  through  a  swamp  of  considerable 
extent,  (called  in  its  vicinity  "  Pool  Swamp,")  and  over  a  rough  broken 
surface,  of  mostly  unimproved  land,  to  High  Ridge  at  the  805th  chain. 
At  this  point  the  traditionary  line  was  found  to  be  3  rods  north  of  the 
datum  line. 

In  the  unimproved  ground,  back  at  the  720th  chain,  a  heap  of  stones 
was  found,  2  chains  40  links  north  of  the  datum  line ;  but  it  is  not  suffi- 
ciently identified  to  justify  the  supposition  that  it  is  an  original 
monument. 

The  surface  is  descending  from  High  Ridge,  and  at  the  850th  chain 
the  Dan  Town  river  is  crossed.  Ascending  another  ridge  of  land,  the 
line  crosses  a  small  stream  near  the  1010th  chain,  and  a  branch  of  the 
Norwalk  river  at  the  1150th  chain,  and  reaches  the  eastern  extremity  of 
the  line  at  1205  chains  34  links. 

The  surface  passed  over  intermediate  the  streams,  is  rolling,  consider- 
ably broken  and  but  partially  improved.  On  arriving  at  the  east  end 
of  the  line  we  found  a  monument,  well  described  in  the  original  survey, 


416  Copies  of  Documents  Relating  to  the 

being  a  heap  of  stones,  4  rods  south  of  the  terminus  of  the  datum  line  ; 
our  datum  line  having  crossed  the  traditionary  line  within  the  last  mile. 
On  a  re-examination  of  the  line,  a  monument  was  discovered  near  the 
1065th  chain,  on  what  is  called  "Pudding  Hill,"  near  the  highway  and 
to  the  north  of  our  datum  line  2  chains. 

The  distance  to  this  point  from  the  west  end  of  the  line  is  13.31  miles. 

This  correspondence  in  distance  and  a  concidence  of  location  with  the 
description  in  the  original  papers,  led  to  the  supposition  that  this  was 
the  original  monument  set  at  13  miles  and  64  rods,  being  the  terminus 
of  the  line,  and  the  survey  made  in  1725. 

If  this  supposition  is  correct,  the  commissioners,  on  resuming  the  sur- 
vey in  1731,  at  this  point,  must  have  committed  an  error  in  getting  the 
bearing  of  the  line  which  was  to  be  produced,  making -an  angle  of  nearly 
one  and  a  quarter  degrees,  which  would  sufficiently  account  for  our 
datum  line  terminating  to  the  northward  of  the  monument  at  the 
terminus. 

I  understand  the  commissioners  as  inclining  to  the  adoption  of  this 
supposition.  A  line  so  arranged  would  run  in  a  direct  line  from  the 
angle  at  the  "Duke's  Trees"  to  this  13th  mile  monument,  and  then 
diverge  to  the  east  so  as  to  terminate  at  the  monument  before  described. 

This  line  would  follow  the  traditionary  line  for  two  miles,  com- 
mencing at  the  "  Duke's  Trees,"  where  it  diverges  to  the  eastward  and 
reaches  its  greatest  eastward  divergence  at  near  the  5th  mile,  near 
Banksville,  after  which  the  two  gradually  approach  and  cross  each 
other  near  the  8th  mile,  at  "  Long  Ridge  ; "  from  this  point  the  tradi- 
tionary line  continues  to  diverge  to  the  eastward  up  to  the  12th  mile, 
when  they  again  approach  and  terminate  at  a  common  point  at  the 
monument  at  near  the  13th  mile  before  described.  From  this  monu- 
ment the  traditionary  marks  correspond  very  nearly  with  the  line  pro- 
posed to  be  adopted.  The  surveys  on  this  line  were  completed  on  the 
13th  day  of  August. 

Link  Running  North- westerly,  to  the  Angle  Easterly  op  the 
Head  op  Long  Pond. 

From  this  monument,  which  is  at  the  most  easterly  angle,  the  line 
bears  northward  nearly  at  right  angles  to  the  lines  last  surveyed. 

Fixing  a  point  in  the  traditionary  line  some  distance  ahead,  on  ele- 
vated ground,  I  adopted  the  range  thus  obtained  as  a  datum  line. 

Leaving  the  angle,  the  line  passes  over  a  broken  surface  and  an  inter- 
vening swamp,  and  crosses  Mill  river,  a  branch  of  the  Norwalk,  at  near 
the  50th  chain ;  it  then  ascends  a  ridge  of  considerable  elevation,  inter 
secting  at  the  75th  chain  the  highway  leading  from  Lockwood's  mill  to 
Ridgefield,  along  and  near  which  it  continues  to  near  the  135th  chain. 


Boundaries  of  the  State  of  New  York.  417 

The  surface  from  near  the  90th  chain,  where  the  height  of  ground  is 
attained  after  crossing  Mill  river,  is  quite  uniform,  although  somewhat 
broken,  to  the  300th  chain,  and  is  mostly  covered  with  timber  from  the 
150th  to  the  250th  chain.  At  the  300th  chain  it  crosses  a  valley  of  con- 
siderable breadth,  and  reaches  the  high  broken  ridge  to  the  east  of 
South  Salem,  at  the  360th  chain. 

The  high  broken  land  is  mostly  unimproved,  and  continues  for  about 
two  miles,  when  the  line  descends  to  the  low  grounds  laying  easterly  of 
the  head  of  Long  pond,  and  is  terminated  at  the  538th  chain,  where  we 
found  the  monument,  supposed  to  have  been  erected  in  the  original  sur- 
vey, 12  chains  38  links  south  of  the  datum  line. 

The  monument  at  this  angle  is  rather  obscurely  described  in  the 
original  survey  ;  but  as  this  has  been  always  recognised  as  the  angle, 
and  no  other  monument  has  ever  been  been  known  to  have  existed  in 
this  vicinity,  there  seems  little  room  to  doubt  its  identity. 

Having  determined  the  angle  requisite  to  trace  the  corrected  line 
back,  it  was  re-surveyed,  and  points  were  designated  at  which  it  was 
deemed  necessary  to  set  monuments. 

The  line  as  established  lies  to  the  westward  of  the  traditionary  line 
as  follows: 

At  the  91st  chain,  2  chains  16  links;  at  the  157th  chain  about  l£ 
chains;  at  the  570th  chain,  about  40  links. 

No  monuments  were  found  on  the  traditionary  line  answering  to  the 
description  given  in  the  original  survey. 

The  surveys  on  this  line  were  completed  on  the  27th  day  of  August. 

Link  Northward  to  the  Intersection  op  the  South  Line  of 

Massachusetts. 

In  establishing  a  datum  line,  or  adopting  a  range  which  should 
approximate  to  the  original  line,  great  care  was  used,  and  the  tradition- 
ary marks  were  examined,  and  search  was  made  for  the  original  monu- 
ments along  the  traditionary  line,  for  about  10  miles;  a  long  range  was 
thus  obtained  from  the  mountain  near  the  south  end  of  the  line,  over 
the  traditionary  line,  to  where  it  crosses  "  Round  Mountain." 

Finding  that  this  range  if  taken  in  the  direction  of  the  monument, 
adopted  as  the  south  end  of  the  line,  would  run  at  a  considerable  angle 
with  the  traditionary  marks,  and  considering  the  monument  as  somewhat 
questionable  in  identity,  I  adopted  a  range  which  would  the  most  nearly 
conform  to  the  traditionary  marks  as  a  datum  line,  and  commenced  the 
survey  accordingly. 

This  datum  line  intersects  the  line  established,  at  a  point  nearly  5 
jhains  to  the  eastward,  at  right  angles  from  the  monument  adopted  as 
tfie  angle. 

27 


418  Copies  of  Documents  Uelating  to  the 

Commencing  the  survey  at  this  point,  the  line  ascends  a  precipitous 
mountain,  known  as  "  Sarah  Bishop's  mountain,"  and  passes  through  a 
heap  of  stones  near  the  lOGth  chain,  which  is  supposed  to  be  the  first 
monument  described  as  on  this  line,  in  the  original  survey;  it  is  described 
as  being  located  to  the  westward  of  a  rocky  hill;  in  this  respect  the 
monument  bears  the  description;  notwithstanding  this  coincidence,  the 
heap  of  stones  at  this  point  does  not,  to  me,  bear  conclusive  evidence  of 
its  having  been  erected  so  early  as  the  date  of  the  original  survey;  lying 
so  far  out  of  the  direction  to  the  monument  at  the  south  end  of  the 
line,  I  think  doubts  may  reasonably  be  entertained  of  its  authenticity. 

Pursuing  the  survey  from  this  point,  the  line  passes  to  the  north  brow 
of  the  mountain,  and  descends  into  the  valley  of  the  Titicus  river,  to  the 
eastward  of  the  village  of  North  Salem.  The  river  is  crossed  on  the 
201st  chain. 

Near  the  150th  chain,  we  find  the  supposed  State  line,  as  indicated 
by  a  line  fence,  about  9  rods  west  of  our  datum  line. 

At  264£  chains,  near  the  north  edge  of  a  swampy  meadow,  I  found  a 
small  collection  of  stones,  and  there  being  no  stone  on  other  parts  of  the 
meadow,  I  was  led  to  suppose  this  to  be  a  second  monument  described 
in  the  original  survey;  it  is  described  as  being  2  miles  from  the  last 
monument,  and  20  rods  east  of  Mopo  brook;  it  falls  5^  chains  short  of 
the  requisite  distance,  but  I  found  the  distance  to  Mopo  brook  to  coin- 
cide with  that  given  in  the  description. 

This  supposed  monument  is  about  64  links  east  of  our  datum  line,  and 
the  fence,  which  is  here  supposed  to  be  on  or  near  the  line,  is  still  farther 
east.  It  will  be  seen,  therefore,  that  our  datum  line  must  have  crossed 
the  traditionary  line  somewhere  south  of  this  point. 

At  the  323d  chain,  we  enter  woods  of  considerable  extent,  and  at  this 
point  the  traditionary  line  was  6  to  8  rods  east  of  us;  the  unimproved 
lands  continue  nearly  to  the  435th  chain,  where  I  again  found  fences, 
supposed  to  be  on  the  State  line.  None  of  the  described  original  monu- 
ments are  to  be  found. 

Passing  on,  we  gradually  approach  the  traditionary  line,  and  cross  it 
near  the  585th  chain,  on  the  south  brow  of  the  mountain  north  of 
Thompson  Field's.  Near  the  590th  chain,  on  the  top  of  this  mountain, 
a  heap  of  stones  is  found,  somewhat  modernized,  which  in  location 
answers  to  the  description  given  in  the  original  surve)7,  of  the  monument 
erected  at  the  8th  mile. 

This  monument  is  a  little  over  6  miles  from  the  first  monument  found, 
and  over  4  miles  from  the  monument  near  Mopo  brook;  and  is  J  chain 
and  5  links  west  of  our  datum  line.  In  distance  these  monuments  seem 
to  coincide  very  well  with  the  descriptions. 

Pursuing  the  datum  line  at  the  605th  chain,  we  cross  the  highway 


Boundaries  of  the  State  of  New  York.  419 

leading  from  Mill  Town,  on  the  Croton  river,  to  Mill  Plain,  Connecticut, 
near  the  residence  of  Peter  Hall ;  and  at  this  point  our  datum  line  is 
again  near  the  fences  which  are  recognized,  by  the  inhabitants  of  the 
vicinity,  as  the  State  line. 

At  near  the  690th  chain,  the  datum  line  crosses  "  Round  Mountain," 
a  rocky,  conical  shaped  hill,  elevated  about  200  feet  above  the  valley, 
and  nearly  detached  from  the  surrounding  high  lands.  The  line  which 
here  corresponds  with  the  traditionary  marks,  passes  over  it  on  the 
easterly  slope,  12  or  15  rods  from  the  top.  The  peak  is  distinctly  seen 
from  "  Sarah  Bishop's  Mountain,"  near  South  Salem,  and  it  was  upon 
this  elevation  that  we  raised  a  flag  by  which  to  get  a  range  for  our 
datum  line. 

Leaving  Round  Mountain,  the  line  traverses  the  eastern  slope  of  the 
valley,  formed  by  a  branch  of  the  Croton  river,  up  to  the  1040th  chain  ; 
for  a  great  portion  of  this  distance,  the  datum  line  is  very  near  the  tra- 
ditionary marks.  Near  the  920th  chain,  there  is  a  stofie  set  up  in  a 
wall,  which  is  said  to  be  a  monument.  It  is  3  rods  east  of  the  datum 
line ;  if  an  original  monument,  it  is  the  one  described  as  the  12th  mile. 
It  has  been  remodelled,  and  may  have  been  changed.  It  is  10-jl^  miles 
from  the  monument  we  first  found,  on  the  line,  and  should  be  but  10 
miles. 

The  monument  at  this  point  is  described  in  the  original  survey  as 
having  been  established,  or  determined,  by  running  on  the  line  from  the 
10th  mile,  whereas  the  other  monuments  were  established  by  measuring 
on  the  perpendiculars  from  the  west  line  of  the  equivalent  tract.  The 
reason  assigned  for  this  change  in  the  manner  of  determining  this  point, 
is,  that  the  swamp  at  the  head  of  the  Croton  river  was  flooded  by  water, 
so  as  to  render  it  impracticable  to  conform  to  the  usual  method.  This 
swamp  is  of  considerable  extent,  and  lies  directly  west  of  the  monument 
in  question,  and  about  one-fourth  of  a  mile  distant. 

The  description  given  in  the  original  papers  is  not  sufficiently  definite, 
in  my  judgment,  to  render  it  certain  that  this  is  the  point  at  which  the 
original  monument  was  erected. 

The  next  point  at  which  we  find  traditionary  marks  is  near  the  1070th 
chain.  I  found  at  this  point  a  line  fence,  which  is  supposed  to  be  the 
State  line,  18  rods  west  of  the  datum  line. 

From  the  1070  chain,  the  datum  line  follows  up  the  valley  of  a  small 
stream,  ("Haviland  Hollow,")  to  the  1185th  chain,  where  it  strikes  the 
eastern  slope  of  a  high  mountain  the  top  of  which  is  reached  at  near  the 
1230th  chain. 

On  the  top  of  this  mountain,  (called  "  Cranberry  mountain,")  is  the 
monument  described  in  the  original  survey,  as  having  been  erected  at 
the  16th  mile,  and  in  the  vicinity  of  two  ponds  of  water. 


420  Copies  of  Documents  Relating  to  the 

This  monument  being  rather  inaccessable,  and  on  unimproved  lands, 
has  not  been  disturbed,  and  is  easily  identified  by  the  description  ;  it  is 
about  30  rods  to  the  westward  of  the  datum  line,  and  the  distance  by 
line  measurement  corresponds  very  nearly  with  that  required  in  the 
original  papers. 

The  line  now  passes  over  a  sin-face  which  is  considerably  broken,  to 
the  1355th  chain,  where  in  low  ground  it  crosses  the  Patterson  and  New 
Milford  turnpike  ;  ascending  from  this  point,  we  reach  "  Wakeman 
Hill"  at  the  1450th  chain,  and  cross  the  road  leading  to  "Quaker  Hill" 
post  office,  at  the  1527th  chain.  No  original  monuments  ai*e  found  until 
near  the  1537th  chain. 

At  the  Patterson  and  New  Milford  turnpike,  the  fence,  which  indi- 
cates the  position  of  the  traditionary  line,  is  32  rods  west,  and  on 
"  Wakeman  Hill "  33  rods  west,  of  the  datum  line. 

At  near  the  1537th  chain,  is  a  heap  of  stones,  supposed  to  be  an 
original  monument ;  it  answers  in  location  to  the  description  given  in 
the  original  surveys  of  the  monument  erected  for  the  20th  mile.  The 
distance  corresponds  very  nearly,  but  the  monument  has  not  an  ancient 
appearance,  and  the  description  is  not  sufficiently  definite  to  detect  a 
change  in  its  location,  if  any  has  been  made  ;  it  is  31  rods  west  of  the 
datum  line. 

Continuing  the  line  to  the  1610th  chain,  a  small  stream  is  crossed,  and 
the  line  for  about  \\  miles  passes  over  a  succession  of  mountain  spurs 
and  ridges,  covered  with  a  growth  of  small  timber.  A  more  regular 
surface  intervenes  at  the  1710th  chain,  and  the  line  thence  passes  over 
an  undulation  of  surface,  in  a  fine  state  of  cultivation,  to  the  Ten  Mile 
river,  a  principal  branch  of  the  Housatonic,  at  the  2050th  chain.  Up  to 
this  point  no  other  monuments  bearing  the  original  description  are 
found. 

At  the  2104th  chain,  the  line  crosses  the  highway  leading  from  South 
Dover  to  Bull's  bridge,  on  the  Housatonic  river.  At  this  point  the  tra- 
ditionary line,  a  fence  along  the  highway,  is  40  rods  west  of  the 
datum  line. 

Leaving  this  point,  we  ascend  the  south  end  of  a  range  of  mountains, 
known  as  the  "  Schagticoke  Mountains." 

This  range  extends,  (broken  by  "  Bog  Valley,")  to  the  2750th  chain, 
and  is  bounded  on  the  east  by  the  valley  of  the  Housatonic,  and  on  the 
south  and  west  by  that  of  the  Ten  Mile  River. 

The  general  character  of  the  country  embraced  in  this  mountain 
range,  may  be  inferred  from  the  fact,  that  with  few  exceptions,  the 
whole  extent  remains  unimproved,  and  is  regarded  as  of  little  value, 
except  as  it  affords  a  scanty  growth  of  timber,  which  at  intervals  of 
eight  or  twelve  years  is  cut  and  converted  into  charcoal.     The  surface 


Boundaries  of  tbe  State  of  New  York.  421 

is  rocky  and  much  broken,  many  parts  affording  but  a  stunted  growth 
of  shrub  oaks,  of  value  only  as  a  covering  to  the  rocky  surface. 

The  south  brow  of  the  mountain  is  attained  at  near  the  2080th  chain, 
near  upon  the  Housatonic  slope  of  the  range. 

In  the  original  survey,  a  monument  is  described  as  located  near  the 
south  end  of  this  mountain,  at  the  26th  mile.  I  was,  however,  unable 
to  find  it,  although  informed  by  persons,  resident  in  the  vicinity,  that 
something  of  the  kind  existed. 

It  would  be  difficult  to  indentify  a  monument  with  certainty,  in  this 
locality,  unless  the  description  was  very  minute,  as,  in  the  frequent  pro- 
cess of  "  coaling  "  the  lands,  stone  have  been  collected  in  heaps  at  fre- 
quent intervals  over  the  range,  and  in  this  way,  it  is  not  improbable 
that  the  original  monument  may  have  been  destroyed,  or  there  is  a 
liability  to  mistake  its  location. 

Near  the  2350th  chain  to  the  westward  of  what  I  have  designated  as 
Preston  Mountain,  there  is  a  heap  of  stones  which  has  been  regarded  as 
a  monument;  it  is  about  57  rods  west  of  the  datura  line. 

The  distance  by  the  line  would  indicate  that  this  is  the  monument 
erected  at  the  30th  mile.  It  answers  the  description  given  of  this 
monument,  in  the  original  survey,  and  I  have  no  doubt  of  its  identity. 

"  Bog  Valley,"  a  deep  ravine,  is  crossed  diagonally  by  the  line,  and 
"Chase  Mountain," — so  designated  in  its  vicinity — is  reached  at  the 
2580th  chain.  In  "  Bog  Valley  "  the  traditionary  line,  as  indicated  by 
fences  dividing  farms,  at  the  2536th  chain,  is  94£  rods  west  of  the 
datum  line. 

The  range  of  the  Schagticoke,  from  "  Chase  mountain,"  is  much  more 
broken;  and  the  line  lies  upon  the  western  slope  towards  "  Bog  Valley." 

Leaving  the  Schagticoke  mountains,  I  found  traditionary  marks, 
(fences)  at  near  the  2800th  chain,  78  rods  west  of  the  datum  line. 
About  a  mile  south  of  this,  I  was  informed,  there  is  a  heap  of  stones, 
which  is  recognized  as  a  monument;  I  had  not  time  to  examine  it,  but 
from  the  description  given  me  of  it,  I  have  no  doubt  of  its  being  the 
monument  described  as  erected  at  the  36th  mile. 

From  this  point  the  line  is  continued  up  a  broad  valley,  formed  by 
two  principal  branches  of  the  Ten  Mile  River.  The  country  is  rolling 
in  its  character,  well  adopted  to  the  purposes  of  agriculture,  and  is 
generally  in  a  high  state  of  cultivation. 

In  this  valley,  at  the  confluence  of  the  streams  before  mentioned,  is 
situated  the  small  village  of  Hitchcock's  corners,  or  as  the  post  office  is 
styled,  Amenia  Union.  The  traditionary  line,  as  established  by  property 
lines,  passes  through  near  the  centre  of  the  main  or  business  street  of 
the  town,  and  is  about  72  rods  west  of  the  datum  line. 

The  town  has  a  population  of  about  250  or  300  inhabitants;  it  has  a 


422  Copies  of  Documents  Relating  to  the 

water  power  of  considerable  value,  which  has  been  improved  by  the 
erection  of  factories  and  mills,  which  are  mostly  located  on  the  Con- 
necticut side  of  the  traditionary  line.  The  datum  line  lies  entirely  to 
the  east  of  the  settled  portion  of  the  village. 

Pursuing  the  line  up  the  valley,  we  reach  a  small  settlement,  "  Sharon 
Valley,"  situated  on  the  west  branch  of  the  stream,  which  is  here  called 
Oblong  brook,  at  the  3270th  chain. 

The  village  of  Sharon,  Connecticut,  is  situated  about  two  miles  east 
of  this  place,  and  is  in  view  from  the  elevated  ground  in  the  vicinity. 
Sharon  Valley  has  a  water  power  which  is  used  to  drive  a  blast  furnace, 
and  other  machinery  of  considerable  importance.  No  monuments  were 
found  at  any  of  the  points  through  this  valley. 

Near  the  3415th  chain,  we  cross  Indian  Pond,  a  small  body  of  water 
which  lies  at  the  head  of  the  valley,  and  ascend  the  south-western  slope 
of  Indian  mountain,  which  extends  to  about  the  3600th  chain.  The 
datum  line  follows  near  the  western  brow,  the  traditionary  line  being 
about  70  rods  west,  near  the  foot  of  the  mountain. 

Leaving  this  mountain  we  cross  an  interval  of  considerable  extent,  to 
the  eastward  of  the  village  of  North-East,  Dutchess  county.  At  the 
3660th  chain,  near  the  highway,  we  measured  west  to  the  traditionary 
line,  a  fence,  and  found  the  distance  60  rods. 

The  line  ascends  the  south  slope  of  the  Taghkanic  mountains,  near 
the  3770th  chain.  This  mountain  range,  in  character,  is  similar  to  the 
Schagticoke  ;  it  is  more  elevated  and  of  greater  extent  than  the  latter, 
and  is  less  susceptible  of  cultivation.  The  lands  are  only  valuable  for 
the  wood  which  they  afford,  which  is  converted  into  charcoal. 

On  the  summit  of  this  range,  two  ponds  are  found,  which  have  been 
converted  into  reservoirs,  from  which  a  valuable  water  power  is  obtained. 
This  water  power  is  used  to  drive  numerous  furnaces,  and  other 
machinery  for  the  manufacture  of  iron,  situated  on  the  Connecticut 
slope  of  the  mountain. 

Passing  over  the  uneven  surface  of  this  mountain  range,  to  the  4165th 
chain,  we  arrive  at  the  south  line  of  Massachusetts.  Here  the  monu- 
ment, known  as  the  tei  minus,  was  found,  on  measurement,  to  be  129 
rods  west  of  the  datum  line.  This  monument  is  a  heap  of  stones, 
located  on  the  south  brow  of  a  rocky  ridge,  lying  nearly  east  and  west 
between  two  mountains.  It  is  described  in  the  original  papers,  very 
imperfectly,  as  being  in  a  valley. 

Having  established  a  datum  line,  we  next  established,  from  that  line, 
a  direct  line  connecting  the  monument  at  the  two  extremes.  To  do  this, 
measurements  were  made,  on  perpendiculars,  from  the  datum  line  west- 
ward, at  various  points  where  if  such  a  line  should  be  adopted,  it  would 
be  advisable  to  establish  monuments. 


Boundaries  of  the  State  of  New  York.  423 

At  most  of  these  points,  measurements  were  made  to  the  traditionary 
line,  for  the  purpose  of  ascertaining  the  position,  relatively,  of  each. 
The  result  of  these  measurements,  is  as  follows,  commencing  at  the 
monument  at  the  south  end,  where  the  lines  have  a  common  starting  point: 
At    104th  chain,  traditionary  line  is    5.58  chs.  east   of   straight  line. 


323d 

do 

do 

do 

9.00 

do 

do 

do 

434th 

do 

do 

do 

10.52 

do 

do 

do 

521st 

do 

do 

do 

8.60 

do 

do 

do 

615th 

do 

do 

do 

9.00 

do 

do 

do 

835th 

do 

do 

do 

10.39 

do 

do 

do 

1070th 

do 

do 

do 

7.45 

do 

do 

do 

1239th 

do 

do 

do 

5.56 

do 

do 

do 

1355th 

do 

do 

do 

5.81 

do 

do 

do 

1450th 

do 

do 

do 

6.19 

do 

do 

do 

1534th 

do 

do 

do 

7.26 

do 

do 

do 

m3d 

do 

do 

do 

7.05 

do 

do 

do 

2097th 

do 

do 

do 

8.69 

do 

do 

do 

2348th 

do 

do 

do 

6.00 

do 

do 

do 

2536th 

do 

do 

do 

2.10 

west 

do 

do 

2792d 

do 

do 

do 

3.96 

east 

do 

do 

2930th 

do 

do 

do 

6.00 

do 

do 

do 

3082d 

do 

do 

do 

6.62 

do 

do 

do 

3287th 

do 

do 

do 

9.40 

do 

do 

do 

3656th 

do 

do 

do 

7.95 

do 

do 

do 

To  the  monument  at  the  north  end,  which  is  common  to  both  lines. 

It  will  thus  be  seen  that  the  traditionary  line  is  considerably  east  of  a 
straight  line  at  all  the  points,  save  one  at  the  2536th  chain,  in  "Bog 
Valley,"  where  the  traditionary  line  is  2  chains  and  10  links  west. 

The  greatest  departure  to  the  east  occurs  at  the  434th  chain,  where 
the  lines  are  10.52  chains  apart. 

The  adoption  of  a  straight  line  like  this  would  detach  a  portion  of 
territory  from  New-York  equal  in  area  to  about  2600  acres,  and  would 
likewise  change  the  residence  of  a  large  number  of  inhabitants  along 
the  line,  who  claim  to  be  residents  of  the  State  of  New- York,  transfer- 
ring them  to  the  jurisdiction  of  Connecticut. 

At  the  small  village  of  Hitchcock's  Corners,  a  church,  public  house, 
a  store,  and  from  six  to  ten  dwellings,  comprising  about  one-third  of 
the  population  of  the  place,  would  be  thus  changed. 

In  order  to  fully  appreciate  the  causes  which  combined  to  produce 
the  angles  which  are  apparent  in  the  traditionary  lines,  a  few  remarks 
may  be  appropriately  made,  upon  the  manner  in  which  the  original  sur- 
veys were  made. 


424  Copies  of  Documents  Relating  to  the 

The  original  surveys  were  commenced  at  Byram  river  in  1*725,  and 
progressed  as  far  as  the  south-west  corner  of  the  "equivalent  tract," 
being  at  near  the  13th  mile,  on  the  line  which  lies  parallel  with  the 
Sound,  and  here,  from  some  cause,  the  surveys  were  suspended.  The 
lines  were  run  by  the  magnetic  needle,  with  the  imperfect  instruments 
then  in  use  ;  and  up  to  this  point,  considering  these  circumstances,  and 
taking  into  the  account,  also,  the  imperfect  monuments  that  were 
erected,  and  the  time  which  has  elapsed  since  the  surveys  were  made, 
the  lines,  now  run,  coincide  with  the  traditionary  lines  as  nearly  as  could 
be  expected. 

From  this  point  the  surveys  were  resumed  in  1731,  and  the  mode  then 
adopted  to  establish  the  lines  running  north,  will,  when  fully  under- 
stood, explain  the  angles,  and  deviations  so  frequently  made. 

Lines  were  first  run  on  the  west  side  of  the  "  Equivalent  tract,"  or 
Oblong  as  it  is  called,  in  accordance  with  an  original  agreement,  at  the 
distance  of  20  miles  from  the  Hudson  river  ;  and  from  this  line  the  final 
State  line  was  established,  by  measuring  off  to  the  east,  on  perpendicu- 
lars, generally  at  distances  of  2  miles  on  the  line,  If  mile  and  20  rods, 
and  at  the  end  of  each  perpendicular,  erecting  a  monument  ;  this  line 
of  monuments  was  adopted  as  the  division  line  between  the  two  States. 
The  intermediate  distances  between  the  monuments  never  having  been 
traversed. 

The  magnetic  needle,  at  the  present  day,  with  all  the  improvements 
which  have  been  made  in  the  instruments  used,  and  the  knowledge  of 
its  eccentricities,  which  years  of  experience  have  brought,  even  when 
used  by  the  most  skilful  persons,  is  subject  to  errors  against  which  it  is 
impossible  to  guard.  It  is  not  considered  reliable,  therefore,  when  any 
great  degree  of  accuracy  is  required,  especially  when  lines  of  consider- 
able length  are  to  be  established. 

When  we  add  to  the  foregoing,  the  fact,  that  the  country  over  which 
the  line  passes,  from  its  geological  formation,  is  more  than  usually  sub- 
ject to  those  local  influences  which  divert  the  needle  from  its  magnetic 
bearing,  we  can  the  more  readily  understand  the  difficulties  under 
which  the  original  surveys  were  made.  A  more  fruitful  source  of  error, 
however,  will  be  found  in  the  process  by  which  the  final  line  was  estab- 
lished ; — the  measurements  upon  the  perpendiculars. 

If  the  perpendiculars  had,  in  all  cases,  been  located  with  special 
reference  to  the  surface  over  which  measurements  were  to  be  made,  so 
that  the  same  irregularity  of  surface  should  exist  on  each,  then  the 
measurements  being  carefully  made,  a  fair  degree  of  accuracy  might  be 
secured.  This,  however,  was  not  the  case  ;  the  perpendiculars  were 
located  without  reference  to  the  surface  to  be  measured  over,  and  hence 
we  find  that  where  the  perpendiculars  lie  over  a  moderately  uneven  sur- 


Boundaries  of  the  State  of  New  York.  425 

face,  the  greatest  deviation  is  made  eastwardly,  and  where  the  reverse 
is  the  case,  as  at  "  Bog  Valley,"  the  greatest  deviation  to  the  westward 
is  obtained. 

Under  these  circumstances  it  is  no  wonder  that  a  deviation  of  5,  10 
or  15  chains,  should  be  found  at  different  points  on  the  line  ;  for  we 
have  here  combined,  the  errors  and  uncertainties  of  the  magnetic  needle 
with  the  errors  consequent  on  measuring  nearly  two  miles  over  a  rough, 
and,  in  many  cases,  mountainous  surface,  which  are  carried  into  the  line 
established. 

In  making  these  surveys,  I  have  entirely  discarded  the  use  of  the 
magnetic  needle,  except  as  a  check  upon  the  work.  The  instrument 
used  being  the  Railroad  Transit,  now  generally  used  in  projecting  lines 
of  any  considerable  length,  where  accuracy  is  required.  The  datum 
lines  have,  in  all  cases,  been  very  carefully  run,  and  I  have  full  con- 
fidence in  the  accuracy  of  all  the  work. 

The  measurements  of  the  lines,  as  I  have  before  intimated,  have  all 
been  made  upon  the  surface  of  the  ground,  and  are  thus  given  in  the 
foregoing  detailed  description  of  the  lines.  But  I  am  enabled,  from  the 
full  notes  I  have  taken  of  the  surface,  to  make  such  deductions  there- 
from as  will  give  the  true  horizontal  measurement,  with  a  degree  of 
accuracy  sufficient  for  all  practical  purposes. 

With  these  deductions  the  length  of  the  different  lines,  with  the 
magnetic  bearing  of  each,  will  be  as  follows  : 

From  the  "Great  Stone  at  the  Wading  place,"  north  24£  degrees 
west,  670  chains  to  the  angle  at  the  "Duke's  Trees." 

From  the  angle  at  the  "Duke's  Trees,"  north  66£  degrees  east,  1065 
chains,  to  the  S.W.  corner  of  the  "equivalent  tract,"  making  the  angle 
at  "  13  miles"  as  before  mentioned  ;  and  from  thence  to  the  S.E.  corner 
of  the  "  equivalent  tract,"  (being  the  most  easterly  angle  made  by  the 
State  line,)  north  67£  degrees  east,  139  chains. 

From  this  point  to  the  angle  near  the  foot  of  "  Sarah  Bishop's  Moun- 
tain," north  25  degrees  and  10  minutes  west,  530  chains ;  and  from 
thence  by  a  direct  line  to  the  monument  in  the  south  line  of  Massa- 
chusetts, north  ll£  degrees  east,  4041  chains. 

Showing  a  total  length  of  line,  (exclusive  of  the  river  survey,)  of  79.2 
miles,  and  including  the  river  survey  from  "Bryam  Point,"  81.2  miles. 

The  surveys  were  mostly  completed  on  the  1st  day  of  November,  and 
the  party  was  then  disbanded,  having  been  in  the  field  about  100  days, 
in  which  time  there  was  instrumentally  run  about  150  miles  of  line. 

Illustrative  of  the  foregoing  remarks,  I  have  prepared,  and  herewith 
present,  a  "  General  Map "  of  the  line  embracing  such  portions  of  the 
adjoining  territory  as  is  necessary  to  a  proper  understanding  of  the 
several  points  referred  to. 


426  Copies  of  Documents  Relating  to  the 

Also  a  "  Map  of  Byram  river,"  from  "  Lyons  or  Byram  Point,"  to  the 
"  Wading  place  "  at  the  head  of  tide  water,  showing  the  lines  which  it 
is  proposed  to  adopt  as  the  dividing  lines  between  the  two  States. 

And  a  diagram  which  is  intended  to  show  the  various  lines  traversed, 
and  the  portion  of  each,  with  reference  to  the  traditionary  lines. 

All  which  is  respectfully  submitted. 

C.  W.  WENTZ,  Chief  Engineer. 


(D.) 

OPINION  OF  COUNSEL. 

The  following  opinion  of  the  Hon.  Geo.  A.  Simmons,  of  Keesville,  is  the  same  in 
substance  as  the  one  lost  in  the  mails  and  referred  to  in  the  Report  of  the  Com- 
missioners. ■  It  has  been  re-written  by  Mr.  S.,  and  received  by  the  Commissioners 
since  that  part  of  the  Report  was  printed: 

The  question  to  be  considered  arises  from  conflicting  views  as  to  the 
boundary  line  between  the  State  of  New- York  and  Connecticut. 

In  May  1855,  the  Legislature  of  Connecticut  appointed  Commissioners 
on  the  part  of  that  State  "  to  ascertain  the  boundary  line  between  that 
State  and  the  State  of  New- York,"  and  authorised  them,  jointly  with 
Commissioners  to  be  appointed  by  the  Legislature  of  the  State  of  New- 
York,  vested  with  similar  powers  on  the  part  of  the  latter  State,  "  to 
ascertain  the  said  boundary  line  and  erect  suitable  monuments  at  such 
places  as  they  should  deem  necessary  to  prevent  any  further  mistakes 
concerning  the  same." 

In  April  1 856,  the  Legislature  of  New- York  appointed  similar  Com- 
missioners with  the  like  powers  "  to  ascertain  the  boundary  line  between 
this  State  and  the  State  of  Connecticut,  and  to  erect  suitable  monuments 
at  such  places  as  they  should  deem  necessary  to  prevent  any  further 
mistakes  concerning  the  same." 

From  the  preambles  of  the  two  legislative  resolutions  appointing  the 
Commissioners,  stating  "That  sundry  differences  and  disputes  have 
arisen  among  the  inhabitants  resident  near  the  line  dividing  the  States 
of  New-York  and  Connecticut  concerning  said  dividing  line,  and  that 
most  of  the  bounds  and  monuments  erected  on  and  along  said  dividing 
line  have  been  removed  or  destroyed,  rendering  it  uncertain  to  which 
of  said  States  sundry  citizens,  residents  as  aforesaid,  belong;  now,  there- 
fore," &c.  It  is  not  to  be  presumed,  that  the  Commissioners  were  meant 
to  be  empowered  to  make  a  new  line  where  the  old  one  could  not  be 
found,  and  thus  exercise  the  powers  of  a  court  of  chancery  to  settle 
confused  boundaries;  for  the  operative  and  directory  part  of  the  reso- 

•  See  page  402,  ante. — [P. 


Boundaries  of  the  State  of  New  York.  427 

lutions  is  confined  in  terms  to  the  duty  of  finding  or  ascertaining 
the  old  line  —  "to  ascertain  the  boundary  line  between  this  State  and 
the  State  of  Connecticut  and  to  erect  suitable  monuments  at  such  places 
as  they  shall  deem  necessary,"  &c.  But  besides  these  words,  thus 
excluding  the  Commissioners  from  making  a  new  line  and  restricting 
them  to  the  duty  of  ascertaining  or  finding  and  marking  the  old  one, 
even  a  Court  of  Equity  never  authorises  any  other  thing  if  the  ancient 
boundary  can  be  ascertained,  nor  even  where  it  can  not  be,  until  acting 
for  itself  on  a  report  of  the  facts  and  evidence  made  by  the  Conimis 
sioners  as  to  that  point;  and  then  only  by  a  subsequent  order  of  the 
Court  adapted  to  the  case.  1  Chitty  Gen.  Pr.  722.  2  Meriv.  507. 
1  Swant.  9. 

If,  then,  the  Commissioners  are  satisfied  that  the  old  line  can  be  found 
or  ascertained,  they  have  performed  their  duty,  and  it  is  for  the  Legis- 
latures of  the  two  States  to  say  whether  they  will  give  them  authority 
to  alter  it  or  make  a  new  line,  not  the  Commissioners.  And  even  the 
State  Legislatures  cannot  authorise  such  alteration  without  the  approval 
of  Congress.  10  U.  S.  Statutes  at  large,  p.  602,  and  Constitution  U.  S. 
see  Art.  4,  Sec.  3. 

But  more  than  this,  the  two  Legislatures  must  have  assumed  the  exist- 
ence of  an  old  line  once  marked  on  the  land  and  that  it  is  capable  of 
being  ascertained  by  careful  and  proper  resurveys  with  the  help  of 
ancient  marks  and  documents,  and  they  have  precluded  the  notion  of 
making  a  new  line  or  altering  the  old  one  in  any  respect.  VY  e  may  take 
for  gi-anted,  then,  that  the  only  question  to  be  decided  by  the  Commis- 
sioners is,  where  is  the  old  line  f 

This  line  was  agreed  on  by  the  two  colonial  governments  in  1683  and 
ratified^  the  King  in  council  in  the  year  1700. 

It  was  provided  in  the  agreement,  that  in  case  certain  lines  therein 
mentioned  should  diminish  or  take  away  land  within  twenty  miles  of 
Hudson  River,  that  then  an  equal  quantity  should  be  added  out  of  the 
bounds  of  Connecticut.  In  1684  a  survey  was  made  by  joint  Commis- 
sioners and  several  lines  run.  It  was  ascertained  that  these  lines  did 
diminish  the  territory  of  New-York  to  the  amount  of  61,440  acres,  and 
that  a  tract  must  be  taken  from  Connecticut  containing  an  equal  number 
of  acres  in  an  oblong  form  as  an  equivalent  for  the  61,440  acres,  and  the 
particular  location  of  the  oblong  was  agreed  to  and  the  agreement  and 
survey  were  confirmed  by  the  King  in  council.  But  the  greater  part  of 
the  bounds  remaining  unsurveyed,  and  unmarked  on  the  land,  and  Con- 
necticut retaining  possession  of  the  equivalent  lands,  and  the  old  marks 
becoming  considerably  effaced  by  time,  the  two  colonial  legislatures  in 
1725  authorised  a  resurvey  of  the  old  lines  as  far  as  run  and  a  further 
survey  to  be  made  of  the  remaining  lines  not  before  run,  and  the  erect- 


428  Copies  of  Documents  Relating  to  the 

ing  of  suitable  monuments  with  proper  marks  on  the  land,  pursuant  to 
the  agreement  and  partial  survey  of  1683  and  1684.  It  appears  from 
the  colonial  act  of  New- York  in  1725,  that  the  boundary  line  from  the 
mouth  of  Byram  River,  including  the  parallelogram  of  61,440  acres 
taken  from  the  territory  of  New-York,  was  run  by  the  surveyors  in  1684, 
but  that  the  boundary  line  from  the  north-east  corner  of  the  parallelo- 
gram to  the  bounds  of  Massachusetts  colony,  and  containing  the  equiva- 
lent lands  to  be  added  to  the  territory  of  New-York  had  never  been 
actually  run  and  marked  on  the  land,  and  that  the  marks  and  monuments 
made  in  1684  around  the  parallelogram  conceded  to  Connecticut  had 
become  somewhat  obliterated. 

The  Commissioners  appointed  in  1725  to  resurvey  the  old  lines  and  to 
complete  the  survey  of  the  remaining  lines  began  in  1684,  did  resurvey 
and  ascertain  the  original  bounds  as  far  as  the  original  survey  had  been 
actually  made,  and  agreed  upon  a  proper  mode  of  surveying  and  mark- 
ing the  remaining  lines  from  the  north-east  corner  of  the  oblong  con- 
oeded  to  Connecticut,  to  the  Massachusetts  line,  and  in  such  way  as  to 
concede  and  add  to  New-York  the  61,440  acres.  And  again  in  1731  the 
Commissioners  completed  the  survey  of  the  whole  line  to  Massachusetts 
bounds  and  marked  them  on  the  land  in  due  form  according  to  the  origi- 
nal agreement  and  pursuant  to  their  instructions  from  the  colonial 
legislatures. 

Now  it  will  be  observed  that  the  Commissioners  run  no  new  lines  nor 
were  authorised  to  run  a  new  line  in  1725  and  1731,  but  only  to  ascertain 
the  lines  of  1684,  and  the  lines  thus  run  and  found  in  1725  and  1731  are 
the  same  that  are  to  be  found  and  ascertained  now  in  1856. 

The  line  starting  from  the  easterly  termination  of  the  thirteen  miles 
and  sixty-four  rods,  extending  along  and  beyond  the  parallelogram 
conceded  to  Connecticut,  and  running  to  the  cross  line  coming 
from  Courtland's  Point  and  from  thence  at  a  distance  of  twenty 
miles  from  the  Hudson  River  nearly  northerly  to  Massachusetts 
bounds,  was  run  and  marked  on  the  land  and  is  equally  tracea- 
ble at  this  time;  but  the  other  lines  parallel  to  these  two  on  the 
east  of  them  at  the  distance  of  about  If  miles  and  20  rods  from  them, 
running  in  the  same  direction  to  the  Massachusetts  bounds,  were  run 
and  marked  on  the  land  by  set  offs  only  from  the  former  lines.  That  is 
to  say,  after  running  and  marking  on  the  land  a  continuous  line  between 
the  colony  of  New-York  and  Connecticut  from  the  oblong  on  the  Sound 
to  Massachusetts  bounds,  giving  to  Connecticut  the  oblong  but  giving 
to  the  colony  of  New-York  no  equivalent  lands,  they  run  and  marked 
on  the  land  another  line  parallel  to  this  surveyed  and  marked  line,  on 
the  easterly  side  of  it,  at  the  proper  distance  from  it,  through  its  entire 
length,  comprising  the  61,440  acres  of  equivalent  lands.     But  such  other 


Boundaries  of  the  State  of  New  York.  429 

east  line  was  only  run  and  marked  by  set  offs  and  monuments  erected 
at  distances  of  about  two  miles  from  each  other,  leaving  these  monu- 
ments as  guides  and  directories  to  locate  at  any  future  occasion  an 
exact,  continuous  line  through  them. 

The  principal  governing  monuments,  viz:  the  one  at  the  beginning 
towards  the  south,  the  intermediate  one  nearly  opposite  to  the  end  of 
the  line  from  Courtland's  Point,  and  the  one  at  the  termination  in  the 
Massachusetts  line  are  now  actually  ascertained  and  identified,  and  of 
course  indicate  the  general  course  of  the  whole  east  line  of  the  equiva- 
lent lands.  Through  these  monuments  and  other  intermediate  ones 
wherever  they  can  be  found  or  can  be  shown  by  proper  evidence  to  have 
once  existed,  the  line  must  now  be  located  just  as  if  the  monuments 
all  remained  to  this  time,  without  regard  to  the  straightness  or  crook- 
edness of  the  line  indicated  by  them. 

Had  the  line  been  run  within  a  year  or  two  after  the  monuments  were 
first  erected,  and  before  being  obliterated,  it  is  plain  the  line  must  have 
run  straight  only  from  one  to  another  of  these  monuments,  however 
crooked  it  might  happen  to  be  as  a  whole;  and  the  obliteration  of  the 
monuments  can  make  no  change  in  the  rule  if  the  places  where  they 
once  were  can,  at  this  late  day,  be  ascertained  by  proper  evidence. 

This  evidence  may  be  not  only  remnants  of  decayed  monuments,  but 
possession  or  occupancy  in  reference  to  them  or  the  line  running  through 
them;  or  even  traditionary  and  ancient  general  reputation.  Long  and 
ancient  reputation,  if  general,  is  sufficient  of  itself,  especially  if  accom- 
panied by  a  corresponding  possession  and  claim  of  jurisdiction.  1  Phil. 
Ev.,  248;  1  Cowen  &  Hill's  notes,  628;  1  Greenl.  Ev.  145  note—  : 01 
note. 

It  cannot  be  contended  that  the  boundary  line  between  States  is  not 
to  be  ascertained  by  the  same  rules  as  the  boundary  between  tracts  of 
land  owned  by  individuals. 

"No  court  acts  differently  in  deciding  a  boundary  between  States, 
than  in  lines  between  separate  tracts  of  land,"  say  the  Supreme  Court 
of  the  United  States  in  the  case  of  the  State  of  Rhode  Island  vs.  The 
State  of  Massachusetts.     12  Peters,  734. 

Now,  to  establish  a  line  between  different  tracts  of  land,  monuments 
or  marks  on  the  land  must  govern,  and  not  courses  or  lines  of  the  com- 
pass, or  quantity  of  acres ;  and  this  rule  holds  whether  the  line  estab- 
lished by  such  monuments  is  straight  or  crooked. 

Where  a  line  is  once  found  marked  on  the  land,  it  cannot  be  straight- 
ened by  an  ideal  line  indicated  by  the  compass.  It  follows  that  the 
Commissioners  must  now  follow  the  old  marks  and  monuments  wherever 
found,  and  if  not  found  after  so  long  a  period,  they  are  then  to  take  the 
best  evidence  they  can  get  of  their  former  existence  and  locality. 


430  Copies  of  Documents  Relating  to  the 

Traditional  testimony  is  good  if  supported  by  public  acts  of  recogni- 
tion; such  as  the  acts  of  town  and  county  officers,  and  even  of  town 
meetings  and  county  assemblies,  uninterruptedly  continued  from  year  to 
year :  and  mere  courses  and  distances  are  never  resorted  to  in  order  to 
straighten  lines  if  clearly  opposed  to  other  evidence  of  ancient  marks. 
This  is  on  the  same  principle  that  a  deed  or  bond,  though  lost  or 
destroyed,  is  still  to  govern  instead  of  a  parol  contract,  when  the  con- 
tents of  such  lost  deed  or  bond  can  be  proved  by  other  evidence. 

The  east  line  of  the  equivalent  lands  was  fixed  by  set-offs,  and  the 
entire  series  of  such  set-offs  constituted  a  line  of  monuments  marked  on 
the  land,  about  two  miles  apart,  from  beginning  to  end  of  the  boundary 
line.  These  monuments  being  ascertained,  or  the  places  where  they 
once  were,  the  intermediate  lines  between  them  must  be  run  and  con- 
nected so  as  to  form  a  continuous  boundary,  however  crooked  this 
boundary  line  may  turn  out  to  be,  and  without  regard  to  whether  it 
contains  between  the  parallels  exactly  61,440  acres  or  not;  for  the  Com- 
missioners have  no  authority  to  make  a  new  boundary,  or  to  make  a 
new  line,  even  if  the  old  Commissioners  in  1731  committed  mistakes  in 
running  the  cross  lines  or  set-offs. 

Such  crooked  lines  having  been  so  long  recognized  and  acted  on  as 
the  true  division  line,  can  now  only  be  corrected,  if  at  all,  by  a  suit  in 
equity  by  the  State  of  Connecticut  against  the  State  of  New- York  to 
correct  the  mistakes,  which  would,  in  all  probability,  be  as  ineffectual  for 
the  purpose  as  it  was  in  the  case  of  Rhode  Island  against  Massachusetts, 
before  cited,  the  loss  of  time  or  limit  of  prescription  being  applicable  to 
States  on  questions  of  boundary  as  well  as  to  individual  land  owners. 
See  Vattel,  p.  190,  §  147,  and  the  opinion  of  the  Supreme  Court  in  the 
case  of  Rhode  Island  vs.  Massachusetts,  before  cited. 

In  short,  the  old  line  of  1731,  as  indicated  by  the  monuments  then 
erected,  and  not  a  new  line,  must  govern,  because  such  new  line  in  point 
of  fact  and  of  law  does  not  coincide  with  the  boundary  established  in 
1731,  this  having  been  so  long  recognized,  and  now  being  easily 
ascertained  and  identified.  If  the  true  old  line  shall  be  ascertained  by 
the  present  survey  to  be  a  crooked  one,  too  near  its  western  parallel  on 
the  noi'th  end,  or  too  remote  at  the  intermediate  points,  or  devious  and 
irregular  in  many  places,  it  can  only  be  straightened  by  the  consent  of 
the  Legislatures  of  the  two  States,  with  that  of  Congress  hereafter  to 
be  given,  and  not  otherwise;  for  the  resolutions  of  those  Legislatures, 
already  adopted,  and  under  which  the  present  Commissioners  are  act- 
ing, are  not  sufficient  for  the  purpose;  nor  could  the  Supreme  Court  of 
the  United  States  order  the  lines  to  be  straightened  after  so  long  an 
acquiescence  of  the  States. 

But  again :  no  other  mode  of  ascertaining  the  division  lines   is  con- 


Boundaries  of  the  State  of  New  York.  431 

sistent  with  the  agreement  made  by  the  joint  Commissioners  the  29th 
April,  1725,  and  their  survey  under  it.  The  lines  were  to  be  run  by 
marks  and  monuments  on  the  land;  for  it  was  agreed  that  "  where  the 
breadth  of  the  said  lands  to  be  added  out  of  Connecticut  shall  be 
established  as  above  directed,  we  shall  affix  and  ascertain  the  bounds  of 
the  same,"  and  "erect  monuments  in  the  said  lines  at  all  places  which 
may  be  thought  necessary.'''' 

The  same  Commissioners,  immediately  thereafter,  on  the  12th  day  of 
May,  1725,  commenced  their  survey  on  the  land,  and  actually  run  and 
marked  by  monuments  so  much  of  the  boundary  line  agreed  on  as 
designated  the  oblong  on  the  land  conceded  to  Connecticut  "  in  pur- 
suance" of  the  said  agreement;  and  they  say  that  they  "have  erected 
several  monuments  in  the  said  line"  mentioning  a  large  number  of  them. 
After  marking  trees  and  raising  heaps  of  stones  at  the  end  of  every 
mile  on  the  line  along  the  northerly  side  of  the  Connecticut  oblong 
from  the  white  oak  trees  north  northeast  thirteen  miles  and  sixty-four 
rods,  they  marked  and  distinguished,  and  thereby  established  and  fixed 
it  by  monuments  as  the  line  of  partition  so  far  between  the  province  of 
New- York  and  colony  of  Connecticut. 

Afterwards,  on  the  14th  of  May,  1731,  the  joint  Commissioners 
finished  their  work  by  running  and  marking  the  residue  of  the  bound- 
ary lines  extending  from  the  northeast  coi-ner  of  the  oblong  assigned 
to  Connecticut,  to  the  Massachusetts  line,  including  the  equivalent  lands 
of  61,440  acres,  "  in  pursuance  of  the  agreement  made  in  the  year  1725, 
adopting  their  former  monument  at  the  northeast  corner  of  the  Con- 
necticut oblong  as  their  starting  point;  and  then  finding  and  fixing  the 
northeast  corner  of  the  equivalent  lands  by  a  monument,  they  established 
the  remaining  boundary  lines  to  Massachusetts,  so  as  to  include  the  equiv- 
alent lands,  by  erecting  heaps  of  stones  "  as  monuments  of  the  east  bounds 
of  the  said  additional  lands.'''' 

These  monuments  were  located  by  set-offs,  or  perpendiculars,  from 
a  parallel  line  previously  surveyed  and  marked  by  them  on  the  land; 
and  then  the  Commissioners  surrendered  up  to  New- York  the  possession 
of  the  equivalent  lands  as  divided  from  Connecticut  by  the  said  "  lines  " 
run  through  the  said  several  monuments  erected  as  before  mentioned. 

These  expressions  in  the  agreement  and  in  the  report  of  the  survey, 
made  pursuant  to  it,  clearly  show  that  these  Commissioners  were  too 
wise  to  leave  boundary  lines  to  be  ascertained  by  mere  courses  and  dis- 
tances, to  be  ascertained  from  books;  they  located  them  on  the  land,  as 
the  controlling  marks  and  monuments,  to  be  there  read  and  known  by 
all  men;  they  were  too  sensible  not  to  appreciate  the  difficulty  in  after 
times  of  ascertaining  and  fixing  mere  straight  lines,  indicated  by  the 
compass  and  measuring  chain  only,  and  they  determined  not  to  leave 


432  Copies  of  Documents  Relating  to  the 

the  boundaries  thus  uncertain  and  swimming  in  the  air,  but  to  have 
them  attached  and  fastened  to  the  land  by  actual  marks  and  monuments. 
It  was  the  great  end  and  purpose  which  they  had  been  appointed  and 
empowered  to  accomplish  —  not  to  run  new  lines,  but  to  ascertain  and 
mark  old  ones  ;  and  they  do  not  pretend  to  have  run  straight  lines  with 
any  greater  exactness  or  certainty  than  is  marked  by  monuments  on  the 
land. 

The  lines  thus  actually  run  and  marked  on  the  land  must  now  govern, 
unless  we  are  to  reject  all  the  former  agreements  and  surveys,  and 
launch  ourselves  into  an  ocean  of  uncertainty. 

GEORGE  A.  SIMMONS. 

January  1st,  1857. 

*  *  #  * 

— [JV.  Y.  Sen.  Doc,  1857,  Wo.  165,  p.  65. 

The  official  document  from  which  the  foregoing  extended  extracts 
have  been  made  includes  much  historical  matter,  a  large  part  of 
which  has  been  inserted  in  chronological  order  in  this  volume. 

Pages  37-60,  inclusive,  of  that  document,  contain  "  A  Historical 
Sketch  of  the  Controversies  and  attempted  Settlements  respecting  the 
New  York  and  Connecticut  Boundary  previous  to  the  year  1855," 
apparently  prepared  by  or  under  the  direction  of  the  New  York 
Commissioners  in  connection  with  their  formal  report.  This  sketch 
being  for  the  most  part  a  repetition  of  the  substance  of  early  official 
records,  seems  not  sufficiently  important  to  be  reproduced  here. 
Several  pages  (82-89)  of  "  Correspondence  with  Connecticut  Com- 
missioners"  (from  Nov.  12,  1856  to  March  25,  1857),  are  also  omit- 
ted ;  —  any  essential  matter  therein  being  included  in  the  formal 
reports   subsequently  made  by  the  Commissioners  of  the  two  States. 


[In  N.  Y.  Senate.] 

April  10,  1857. 

The  President  presented  the  report  of  the  Connecticut  boundary 
commission,  in  pursuance  of  a  concurrent  resolution  of  the  Senate; 
which  was  read,  laid  on  the  table  and  ordered  printed. 

*  *  *  * 

Mr.  Ferdon  offered  for  the  consideration  of  the  Senate,  the  following 
resolution,  to  wit: 

Resolved,  That  the  report  of  the  commissioners  appointed  to  ascer- 
tain the  boundary  between  this  State  and  the  State  of  Connecticut,  be 


Boundaries  of  the  State  of  New  York.  433 

referred  to  a  select   committee  to  report  whether  any  action  of  the 
Legislature  is  required  respecting  said  boundary. 

Mr.  Brooks  moved  to.  amend  by  adding  thereto  the  words  "  and  that 
the  committee  also  inquire  if  the  appointment  of  the  commission  was 
necessary." 

The  President  put  the  question  whether  the  Senate  would  agree  to 
said  amendment,  and  it  was  decided  in  the  negative. 

The  President  then  put  the  question  whether  the  Senate  would  agree 
to  said  resolution,  and  it  was  decided  in  the  affirmative. 

*  *  *  * 

—[JV.  Y  Sen.  Journal,  1857,  pp.  807,  819. 


April  11,  1857. 

*  *  *  * 

The  President  appointed  Messrs.  Ferdon,  Lee  and  Kelly,  as  the  com- 
mittee on  the  resolution  of  Mr.  Ferdon,  in  relation  to  the  Connecticut 
boundary  commission. 

*  *  *  » 

— [N.  Y  Sen.  Journal,  1857,  p.  825. 


April  13,  1857. 

*  *  *  * 

Mr.  Ferdon,  from  the  select  committee,  to  which  was  referred  the 
subject  of  Connecticut  boundary  commission,  reported  in  writing,  and 
in  favor  of  the  adoption  of  the  following  resolutions : 

Resolved,  That  the  commissioners  on  the  part  of  New  York,  while 
they  have  maintained  the  rights  of  this  State,  by  declining  to  yield  any 
of  its  territory  or  to  adopt  any  other  than  the  legal  and  recognized 
boundary  through  the  ancient  land  marks  have  not  been  lacking  in 
liberality  toward  the  commissioners  on  the  part  of  Connecticut,  nor 
in  proper  effort  for  a  just  and  speedy  determination  of  the  matters  in 
difference  between  them,  nor  are  they  to  be  held  responsible  for  the 
failure  of  a  settlement  hithorto. 

Hesolved,  That  relying  upon  the  Legislature  of  Connecticut  to  correct 
the  errors  of  its  commission* ;rs,  we  deem  no  legislation  necessary  on  the 
part  of  this  State  in  relation  to  this  subject  at  the  present  time. 

The  President  then  put  the  question  whether  the  Senate  would  agree 
to  said  resolutions,  and  it  was  decided  in  the  affirmative. 

*  *  *  * 

— [JV.  Y.  Sen.  Journal,  1857,  p.  885. 
28 


434  Copies  of  Documents  Relating  to  the 

[In  Conn.  Senate.] 

May  20,  1857. 

*  *  *  * 

Mr.  Giddings,  by  leave  of  the  Senate,  presented  the  report  of  the 
Commissioners  appointed  by  the  Legislature  of  1855,  to  ascertain  the 
Western  boundary  line  of  the  State  of  Counecticut. 

On  motion,  the  report  was  referred  to  a  Joint  Select  Committee  to 
be  raised  on  the  subject. 

Mr.  Giddings,  by  leave  of  the  Senate,  introduced  a  joint  resolution 
raising  a  Joint  Select  Committee,  to  consist  of  one  Senator  and  eight 
Representatives,  to  act  and  report  upon  the  report  of  the  Commis- 
sioners appointed  to  ascertain  the  Western  boundary  of  the  State  of 
Connecticut. 

On  motion,  the  resolution  passed. 

— [Conn.  Sen.  Journal,  1857,  p.  115. 


Report   op   the    [Connecticut]    Commissioners   on  the   Western 

Boundary  Line  between  Connecticut  and  New  York,  to  the 

General  Assembly,  May  Session,  1857. 
To  the  Honorable  General  Assembly  of  the  State  of  Connecticut,  now 
in  session  at  Hartford,  the  undersigned  have  the  honor  to  report : 

That  by  a  resolve  of  your  Honorable  Body,  passed  at  the  May 
Session,  hoi  den  at  Hartford,  A.  D.  1855,  we  were  appointed,  and  sub- 
sequently duly  commissioned  by  His  Excellency  the  Governor  of  this 
State,  Commissioners,  to  meet  such  Commissioners  as  might  be  appointed 
on  the  part  of  the  State  of  New  York,  and  with  them,  to  ascertain  the 
boundary  line  between  this  State  and  the  State  of  New  York,  and 
erect  suitable  monuments  at  such  places  as  might  be  deemed  necessary 
to  prevent  any  future  mistake  regarding  the  same. 

That  in  April,  A.  D.  1856,  the  Legislature  of  the  State  of  New  York, 
by  a  concurrent  resolution,  authorized  the  Governor  of  that  State  to 
appoint  three  Commissioners,  to  be  by  him  duly  commissioned,  to  meet 
the  undersigned  for  the  purposes  aforesaid,  and  soon  thereafter,  His 
Excellency  the  Governor  of  the  State  of  New  York,  forwarded  to  each 
of  the  undersigned  a  copy  of  said  concurrent  resolution,  accompanied 
with  a  notice,  of  which  the  following  is  a  copy  : 

"STATE  OF  NEW  YORK. 

"Executive  Department,  ) 

"Albany,  April  9th,  1856.  j" 
"In    pursuance  of  the  foregoing    Concurrent   Resolution,  I  hereby 
appoint  Hon.  Ben  Field,  of  Orleans  County,  Hon.  Samuel  D.  Backus,  of 
King's  County,  and  Col.  Jonathan  Tarbell,  of  Essex  County,  to  be  Com- 


Boundaries  of  the  State  of  New  York.  435 

missioners  on  the  part  of  this  State,  to  act  with  the  Commissioners 
appointed  by  the  State  of  Connecticut,  to  ascertain  and  settle  the  boundary 
line  between  the  respective  States,  as  specified  in  said  Resolution. 

MYRON  H.  CLARK." 

That  preparatory  to  a  proper  understanding  of  the  duties  of  our 
Commission,  we  examined  many  ancient  documents  relating  to  the  western 
boundary  of  this  State,  but  we  deem  it  unnecessary  in  this  Report,  to 
give  the  details  of  the  many  controversies  regarding  this  line  in  the 
early  settlement  of  our  country,  or  to  discuss  the  justice  of  the  policy 
heretofore  pursued  by  this  State  regarding  that  boundary.  It  is  suffi- 
cient for  a  right  comprehension  of  our  powers,  and  the  manner  in  which 
we  have  endeavored  to  faithfully  discharge  the  duties  of  our  Commis- 
sion, to  allude  only  to  an  agreement,  made  and  concluded  at  Greenwich, 
in  the  Colony  of  Connecticut,  on  the  29th  day  of  April,  1725,  by  a  Joint 
Commission  on  the  part  of  the  Province  of  New  York  and  the  said 
Colony,  and  the  manner  in  which  that  agreement  was  subsequently 
executed,  and  carried  into  effect. 

That  agreement  appears  at  length  in  the  appendix  of  the  printed 
Resolves  and  Private  Laws,  published  by  authority  of  the  General 
Assembly  of  this  State,  in  May,  A.  D.  1835,  as  well  as  upon  the  Colonial 
Records,  and  appears  to  have  been  predicated  upon  a  previous  agree- 
ment and  partial  survey  made  in  the  year  1684.  From  those  documents, 
and  from  the  Reports  of  the  Commissioners  who  run  the  boundary  line 
under  those  agreements,  which  are  also  at  length  on  the  pages  of  said 
appendix,  we  collate  the  following  facts: 

By  the  agreement  of  1684,  the  general  course  of  By  ram  River,  from 
"  Lyon's  Point,"  where  said  river  empties  into  Long  Island  Sound,  to  a 
large  stone  at  the  country  road,  or  "  wading  place,"  in  said  river,  thence 
on  a  straight  line  north,  north-west  six  miles  and  a  half,  to  "  three  oak 
trees,"  was  established  as  the  partition  line  between  the  said  Province 
and  Colony  thus  far,  and  then  the  partition  line  was  to  run  parallel 
with  the  sound  a  straight  course  "East  North-East"  until  the  east  end 
of  said  east  north-east  line  should  be  twenty  miles  from  the  Hudson's 
River,  and  from  that  point  to  run  parallel  with  the  said  Hudson's  River 
to  the  southern  line  of  Massachusetts. 

By  the  agreement  of  April  9th,  1725,  stipulations  were  entered  into 
for  determining  the  line  as  set  forth  in  the  agreement  of  1684,  and  then 
it  was  further  agreed,  that  having  satisfactorily  determined  that  line, 
there  should  be  added  to  the  province  of  New  York  six*ty-one  thousand 
four  hundred  and  forty  acres  of  land  out  of  the  Colony  of  Connecticut, 
by  a  parallel  line,  with  the  said  line  running  parallel  with  the  Hudson 
River,  commencing  at  the  end  of  said  east  north-east  line  twenty  miles 
from  said  river,  and  running  to  Massachusetts  boundary. 


436  Copies  of  Documents  He  latino  to  the 

Pursuant  to  this  last  agreement,  and  immediately  thereafter,  the 
Commissioners  and  surveyors  of  the  Province  of  New  York  and  Colony 
of  Connecticut,  surveyed  from  Lyon's  Point  to  said  "  Great  Stone,"  and 
from  thence  to  the  "  three  trees,"  for  the  purpose  of  determining  the 
allowance  to  be  made  in  measuring  the  width  of  said  additional  land, 
agreeable  to  said  agreement,  and  they  found  and  determined  there 
should  be  allowed  an  additional  measure,  at  the  rate  of  twenty-five 
rods  to  one  mile,  so  that  in  measuring  said  width,  one  mile  and  twenty- 
five  rods  of  actual  measure  on  the  surface  of  the  earth  should  be 
accounted  and  esteemed  one  mile  and  no  more,  and  so  in  proportion  for 
a  longer  or  shorter  length.  These  Commissioners  found  no  difficulty  in 
satisfying  themselves  as  to  the  identical  "  three  Oak  Trees  "  marked  by 
the  Commissioners  in  1684,  and  the  better  to  perpetuate  the  place,  they 
say,  in  their  Report,  "At  the  place  where  the  three  white  oak  trees 
stand  we  buried  some  burnt  wood  in  the  ground  and  raised  a  heap  of 
stones  over  it;  we  likewise  cut  the  letters  G.  R.  on  a  great  stone  lying 
in  the  ground  there."  They  then  ascertained  the  distance  of  that  point 
from  the  Hudson  River,  and  run  a  straight  line  east  north-east  thirteen 
miles  and  sixty-four  rods,  —  the  distance  they  found  necessary  to  make 
up  the  whole  distance  of  twenty  miles  from  the  Hudson  River,  and 
raised  a  heap  of  stones  there,  and  they  determined  and  declared,  that  the 
straight  line  from  said  "  great  stone  at  the  wading  place,"  to  the  said 
"great  stone  "  marked  G.  R.,  and  from  thence  a  straight  line  to  said  heap 
of  stones  at  the  end  of  the  said  east  north-east  line  of  thirteen  miles 
and  sixty-four  rods  is,  and  shall  be,  esteemed  and  fixed  as  the  line  of 
partition,  so  far  between  the  Province  of  New  York  and  Colony  of  Con- 
necticut. They  also  declare  that  the  said  "heap  of  stones"  shall  be 
esteemed  twenty  miles  from  Hudson's  River,  according  to  the  survey 
made  in  1684,  and  the  place  from  whence  the  additional  land  of  sixty- 
one  thousand  four  hundred  and  forty  acres  to  be  taken  out  of  Connecti- 
cut shall  commence.  And  the  said  east  north-east  line  to  be  continued 
so  far  as  to  make  up  that  number  of  acres,  with  the  allowance  of  meas- 
ure before  mentioned. 

At  this  point,  the  commissioners,  at  that  time,  closed  their  work. 

In  May,  1731,  another  Board  of  Commissioners  and  surveyors  assem- 
bled to  complete  the  survey,  agreeable  to  the  agreement  of  April  29th, 
1725,  left  unfinished  by  the  Commissioners  in  May,  1725.  They  run 
out  from  Hudson's  River,  at  Courtland's  Point,  at  a  right  angle  with  the 
river,  the  distance  of  twenty  miles,  and  then  they  connected  that  point 
with  the  "heap  of  stones,"  at  the  end  of  said  east  north-east  line, 
placed  by  the  Commissioners,  in  the  year  1725,  by  a  straight  line,  and 
found  its  course  to  be  north  twenty-four  and  a  half  degrees  west,  and 
distance,  (corrected  measure,)  "  six  miles,  three  quarters  of  a  mile,  and 


Boundaries  of  the  State  of  New  York.  437 

seventy-six  rods."  They  then  fixed  a  point  in  the  Massachusetts  line, 
twenty  miles  from  the  Hudson  River,  and  run  a  straight  line  to  said 
point,  twenty  miles  from  Courtland's  Point,  and  found  the  course  north, 
twelve  and  a  half  east,  "  nearly,"  and  distance  "  fifty  miles,  three  quar- 
ters of  a  mile,  ten  rods  and  fifteen  links,"  corrected  measure.  They  then 
set  off  a  line  parallel  with  these  two  lines,  at  a  distance  of  one  mile, 
three  quarters  of  a  mile,  and  twenty-one  rods,  strict  measure,  (but 
being  only  432  rods,  with  the  allowance  of  measure  as  aforesaid,)  to 
embrace  the  61,440  acres  of  land  to  be  added  to  the  Province  of  New 
York,  out  of  the  Colony  of  Connecticut,  and  such  a  parallel  line  will 
embrace  said  quantity  of  land,  and  no  more. 

The  north-east  bound,  at  the  Massachusetts  line,  the  bound  opposite 
to  Courtland's  Point,  and  the  bound  at  the  south-east  angle  of  said 
additional  land,  are  all  well  described  in  the  report  of  the  Commissioners 
of  May  the  14th,  1731,  and  they  declare  by  said  report  that  the  said 
lines  running  north  twenty-four  and  a  half  degrees  west,  and  north 
twelve  and  a  half  degrees  east,  "  nearly,"  are  to  be  considered  and 
esteemed  as  parallel  to  Hudson's  River,  and  as  twenty  miles  distance 
from  the  same.  And  that  the  east  lines  of  said  additional  lands  are 
parallel  with  the  said  lines  running  parallel  with  Hudson's  river,  and  "to 
be  and  remain  henceforth  the  lines  of  partition  between  the  Province 
of  New  York  and  Colony  of  Connecticut,  forever,"  and  the  report  adds, 
"  which  lines,  together  with  those  that  were  fixed  and  established  in  the 
year  1725,  do  every  where  completely  and  entirely  separate  and  divide 
the  said  Province  from  the  said  Colony,  from  the  sound  so  far  as  the 
line  of  the  Massachusetts  Bay."  In  accordance  with  previous  arrange- 
ments, on  the  3d  day  of  June,  1856,  the  undersigned  met  the  gentlemen 
named  by  his  Excellency  Governor  Clark,  as  Commissioners,  on  the 
part  of  the  State  of  New  York,  at  Portchester,  in  the  county  of  West- 
chester, for  preliminary  consultation,  which  resulted  in  the  understanding 
that  they  would  select  their  own  surveyor,  and  that  Mr.  Holly,  one  of 
the  undersigned,  being  himself  a  practical  surveyor,  would  superintend 
the  work,  on"  the  part  of  Connecticut,  and  the  23d  day  of  the  same 
month  was  fixed  upon  as  the  day  to  commence  the  survey. 

On  the  23d  day  of  June  last,  we  returned  to  Portchester,  taking  with 
us  Andrew  Perry,  Esq.,  of  Stamford,  as  an  assistant,  and  on  the  24th 
the  three  commissioners  on  the  part  of  the  State  of  New  York,  met  us» 
accompanied  by  a  Mr.  Wentz,  as  a  surveyor,  with  two  assistant  survey- 
ors, and  two  or  three  other  assistants,  of  their  own  selection,  from 
various  parts  of  the  State  of  New  York. 

On  consultation  and  examination  of  facts,  we  had  no  hesitancy  in  at 
once  establishing  the  center  of  the  general  course  of  Byram  river,  from 
its  mouth  at  "  Lyon's  Point,"  to  the  bridge  at  the  country  road,  as  the 


438  Copies  of  Documents  Relating  to  the 

true  jurisdictional  line  between  our  respective  States,  and  subsequently 
made  an  accurate  survey  of  said  river,  fixing  witness  bounds  on  each 
shore  thereof,  to  designate  the  said  central  lines,  and  their  angles,  so  that 
in  future  no  misunderstanding  in  regard  to  the  same  can  well  be  made. 
And  we  had  as  little  difficulty  in  determining  that  a  large  rock  on  the 
north  side,  and  near  the  eastern  terminus  of  said  bridge,  was  the  "  great 
stone,"  "at  the  wading  place,"  described  by  the  Commissioners  in  1725. 
We  then  proceeded  to  the  present  north-west  corner  of  the  town  of 
Greenwich,  in  this  State,  where  we  found  a  stone  lying  in  the  ground, 
on  the  west  side  of  a  public  highway,  nearly  opposite  the  residence  of 
a  Mr.  Langdon,  and  on  a  careful  examination  of  this  stone  we  discovered 
the  letters  "  G.  R."  upon  one  of  its  sides,  bearing  unmistakable  appear- 
ances of  having  been  chiseled  some  great  length  of  time  past.  On 
removing  the  earth  from  about  this  stone,  we  also  found  the  semblance 
of  charcoal  or  "  burnt  wood."  These  two  facts,  taken  with  traditional 
evidence  elicited,  the  Commissioners  were  fully  satisfied,  that  this  stone 
was  the  one  marked  by  the  Commissioners  in  1725.  We  therefore  run  a 
straight  line  from  the  said  large  rock,  at  Byram  bridge,  to  said  stone, 
and  found  the  course  by  magnetic  needle,'  (applying  the  proper  equation 
for  the  variation,)  and  the  distance  to  agree  very  accurately  with  the 
survey  of  1725.  But  from  the  lapse  of  time,  the  clearing  up  of  the 
country,  and  the  opening  of  highways,  the  intermediate  bounds 
mentioned  in  the  report  of  the  Commissioners  of  May  12,  1725,  have 
become  entirely  obliterated,  and  traditionary  evidence  in  regard  to 
their  former  locality,  vague  and  uncertain.  Hence,  notwithstanding 
this  straight  line  ran  generally  to  the  eastward  of  the  line,  as  it  has 
been  of  late  years  regarded  by  the  residents  along  the  line,  in  many 
places  forming  the  western  boundary  of  Greenwich  Farms,  and  changing 
some  residents  from  the  jurisdiction  of  Connecticut  to  that  of  New 
York,  the  undersigned  submitted  to  the  claims  of  the  Commissioners 
on  the  part  of  that  State,  that  we  could  rely  only  upon  the  angle  bounds, 
when  well  defined  by  record,  and  establish  a  straight  jurisdictional 
line  between  them,  it  being  mutually  understood  and  agreed,  that  such 
a  straight  jurisdictional  line,  from  angle  bound  to  angle  bound,  should 
in  no  wise  affect  or  vary  the  title  to  lands  on  or  near  said  line,  but  the 
same  to  be  holden  and  remain  as  if  the  said  line  by  us  established  had 
not  been  run,  and  that  we  should  make  provision  for  this  in  a  joint 
report  to  our  respective  Legislatures. 

This  principle  of  a  straight  jurisdictional  line  having  thus  been 
settled,  and  as  we  supposed  would  be  carried  out  in  good  faith, 
throughout  the  whole  survey,  on  the  part  of  the  Commissioners  for  the 
State  of  New  York,  we  committed  the  entire  control  of  running  the 
line,  to  their  surveyors,  especially  as  the  acting  Commissioner  assured 


Boundaries  of  the  State  of  New  York.  489 

us  in  writing,  over  his  signature,  that  on  the  part  of  New  York,  they 
only  desired  "  a  perfect  survey,"  that  "  no  territory  was  in  dispute," 
that  "  Mr.  Wentz  (we  quote  his  own  words,)  was  the  first  engineer  in 
the  State,"  and  "  we  hired  him  expressly  to  run  a  line  that  no  future 
surveyor  could  ever  break  down."  In  accordance  with  this  understand- 
ing, after  the  true  line  was  ascertained  by  a  transit  instrument,  the 
surveyors  went  over  the  line  again,  and  fixed  points  for  erecting  monu- 
ments along  the  line,  thus  far,  at  every  crossing  of  a  highway,  and  sub- 
sequently, one  of  the  Commissioners  on  the  part  of  New  York,  ordered 
monuments  of  gray  granite  stone,  five  feet  in  length,  one  foot  in  width, 
and  six  inches  thick,  with  the  letters  "N.  Y."  handsomely  cut  on  one 
side,  and  "  Ct."  on  the  reverse,  from  the  quarries  of  New  Milford;  had 
them  distributed  along  the  line,  and  one  has  been  erected  at  each  point 
thus  marked  by  their  surveyor,  eight  in  number,  by  being  set  three 
feet  and  a  half  in  the  ground,  in  the  most  substantial  manner. 

From  the  angle  at  the  rock  marked  "  G.  R."  on  the  course  indicated 
in  the  report  of  the  Commissioners  of  1725,  (variations  of  the  needle 
considered)  and  at  the  distance  of  thirteen  miles  and  sixty-four  rods, 
nearly  reaches  the  present  regarded  south-west  corner  of  the  town  of 
Lewisboro'  in  the  county  of  Westchester,  where  are  found  a  heap  of 
stones  on  the  south  side  of  a  highway,  near  an  old  stump,  by  the 
fence,  and  which  seemed  to  be  indicated  by  the  make  of  the  land,  and 
distance  as  described  in  said  report,  and  confirmed  by  traditionary  evi- 
dence, as  the  bound  established  by  the  Commissioners  of  1725,  as  where 
the  line  was  to  be  extended  from,  to  embrace  the  additional  lands,  and 
as  being  twenty  miles  from  Hudson's  River.  No  intermediate  bound, 
as  described  in  the  report  of  1725,  were  recognizable  along  this  line, 
but  it  ran  through  a  traditionary  bound  on  the  north  line  of  Greenwich, 
and  also  through  the  received  and  acknowledged  north-west  corner 
bound  of  the  town  of  Stamford,  and  a  traditionary  bound  near  the 
north-west  corner  of  the  town  of  New  Canaan,  and  in  all  other  places, 
ran  with  or  very  near  traditionary  lines.  On  this  line  also,  monuments 
ordered  by  the  New  York  Commissioners,  (of  the  same  character  as  those 
already  described)  have  been  erected  at  every  crossing  of  a  highway 
and  other  prominent  points  along  the  line  —  sixteen  in  number. 

On  extending  this  last  mentioned  line,  the  distance  required  to 
embrace  the  additional  lands,  one  mile,  three-quarters  of  a  mile,  and 
twenty-one  rods,  strict  measure,  as  per  said  agreement  of  1725,  the 
eastern  end  fell  about  ten  rods  north  of  an  ancient  bound  in  a  piece  of 
woods  on  the  west  side  of  a  stony  ridge  near  the  west  base  of  Bald 
Hill,  two  hundred  and  sixty-three  rods  from  the  west  branch  of  the 
Norwalk  river,  as  described  in  the  report  of  the  Commissioners  of  May 
14, 1 731.     This  bound  being  well  defined  by  that  report3  and  permanently 


440  Copies  of  Documents  Relating  to  the 

established,  together  with  traditionary  evidence  and  its  antiquated 
appearance,  the  present  Commissioners  had  no  difficulty  in  deciding  upon 
this  as  the  true  bound.  The  cause  of  this  bound  not  having  been  erected 
in  a  true  line  with  the  line  westerly  of  the  bound  at  the  end  of  the  twenty 
miles  from  the  Hudson  river,  may  be  accounted  for  upon  the  supposition 
that  the  surveyors  in  1731,  in  extending  that  line,  made  no  allowance 
in  running  the  course,  for  the  difference  of  the  variations  of  the  magnetic 
needle  between  the  years  1725  and  1731  ;  but  from  all  the  circumstances, 
the  present  commissioners  did  not  feel  warranted  in  disturbing  this 
ancient  landmark,  although  it  stands  some  ten  rods  south  of  the  line 
contemplated  in  the  agreement  of  1725,  and  cutting  a  slice  out  of  the 
territory  of  Connecticut,  and  we  agreed  to  that  as  the  true  bound,  and 
the  jurisdictional  line,  to  be  a  straight  line  from  it  to  the  said  bound  at 
the  south-west  corner  of  Lewisboro',  before  mentioned. 

The  next  angle  to  establish  was  the  one  described  in  the  report  of 
1731,  opposite  to  Courtland's  Point,  at  the  south-eastern  extremity  of 
Long  Pond.  Only  one  of  the  Commissioners  on  the  part  of  New- York 
had  been  present  for  many  days,  and  as  there  was  some  discrepancy  in 
traditionary  evidence,  we  complained  to  the  Commissioner  present  that 
we  were  deprived  of  the  counsel  of  his  associates.  But  he  frankly 
declared  that  his  associates  not  being  practical  men,  it  was  of  little  or 
no  consequence  whether  they  were  present  or  not,  and  as  they  had  com- 
mitted the  running  of  the  line  to  Mr.  Wentz,  they  would  be  governed 
and  bound  by  his  decisions  and  acts,  so  far  as  bounds  and  the  survey  of 
the  line  was  concerned.  We  then  submitted  to  their  claim,  and  the  line 
was  accordingly  run,  and  points  fixed  at  the  crossing  of  every  public 
road,  as  on  the  other  lines,  the  course  and  distance  not  varying  materially 
from  the  survey  of  1731. 

From  the  angle  bound  at  Long  Pond,  as  before  mentioned,  the  survey- 
ors run  a  straight  line  to  a  monument,  at  the  southern  boundary  line  of 
Massachusetts,  in  the  Tahconic  mountains  —  a  monument  unmistakably 
described  in  the  report  of  the  commissioners  of  1731,  as  the  one  they 
established  as  the  north-east  corner  of  said  additional  lands  —  the  dis- 
tance and  course  again  very  accurately  agreeing  with  the  survey  of 
that  year. 

In  running  this  last  said  line,  a  distance  of  over  fifty  miles,  the 
attention  of  the  Commissioners  or  surveyors  was  not  called  to  any 
intermediate  bounds  whatever.  And  on  becoming  satisfied  as  to  the 
identity  of  the  said  monument  in  the  Tahconic  mountain,  the  Commis- 
sioners on  the  part  of  New  York  suggested  that  a  marble  monument 
should  be  erected  at  that  point,  commemorative  of  this  survey,  and  a  few 
days  afterwards,  Mr.  Backus  wrote  to  Mr.  Whiting,  giving  directions 
as  to  the  inscriptions  he  desired  to  be  engraven  upon  said  monument. 


Boundaries  of  the  State  of  New  York.  441 

The  surveyors  run  over  this  line  the  second  time,  and  under  the 
special  directions  of  Mr.  Wentz,  (the  Commissioners  on  the  part  of 
New  York  having  left  the  line  after  deciding  in  regard  to  the  monu- 
ment in  said  Tahconic  mountains,)  fixed  points  for  monuments  along 
the  line,  wherever  it  crossed  public  highways,  and  on  all  the  intermediate 
points  of  high  land,  where  it  was  deemed  necessary  to  make  the  line  so 
distinct  that  in  future  there  could  be  no  misapprehension  in  regard  to 
it  by  any  one.  This  was  completed  on  the  first  day  of  November  last, 
and  the  surveying  party  disbanded. 

The  undersigned  congratulated  each  other  at  the  final  consummation 
of  the  survey,  which  had  been,  in  their  judgment,  greatly  retarded, 
and  subjected  to  much  unnecessary  expense,  by  circumstances  altogether 
beyond  their  control,  and  entertained  no  thought  but  that  the  Commis- 
sioners on  the  part  of  New  York  were  perfectly  satisfied  that  a  true 
jurisdictional  line  had  been  completed,  and  that  all  that  remained 
to  be  done,  was  to  set  the  monuments,  where  they  had  not  already 
been  erected,  and  unite  in  a  report  of  our  doings  to  our  respective 
Legislatures. 

That  the  Commissioners  on  the  part  of  New  York  so  considered  the 
line  as  settled,  at  the  close  of  the  survey,  we  were  justified  in  believing, 
not  only  from  the  honorable  position  they  had  been  placed  in  by  the 
Executive  of  that  State,  which  demanded  our  confidence  in  them  as 
gentlemen,  who  would  not  depart  from  agreements  because  such  agree- 
ments had  not  been  submitted  to  writing,  but  also  from  their  subsequent 
acts.  On  the  28th  day  of  October,  one  of  them  wrote  Mr.  Whiting 
regarding  the  monument  to  be  set  in  the  Tahconic  mountains;  they 
arranged  on  the  day  they  left  the  line,  with  Mr.  Perry,  our  assistant 
surveyor,  to  superintend  the  setting  of  the  remainder  of  the  monuments, 
which  they  had  already  ordered  to  be  made  and  delivered  at  New 
Milford  railroad  depot,  similar  in  style  to  those  herein  before  described; 
they  proclaimed  along  the  line,  that  the  line  as  run  by  Mr.  Wentz,  was 
the  true  jurisdictional  line ;  and  on  the  3d  day  of  November,  three 
days  after  the  surveying  corps  had  been  discharged,  Mr.  Backus  wrote 
to  Mr.  Whiting,  requesting  him  to  meet  the  Commissioners  at  Stamford 
on  the  following  Thursday,  in  which  he  says:  "  We  name  that  time  and 
place  as  most  convenient  for  us  all,  and  it  is  important  that  what- 
ever business  we  may  have  to  do  before  setting  the  monuments,  should 
be  done  at  once,  in  order  that  frost  may  not  interfere  with  the  work. 
Mr.  Perry  had  also  better  be  present." 

With  the  exception  of  Mr.  Field,  the  Commissioners  met  at  Stamford 
in  accordance,  with  that  request.  But  it  was  a  very  brief  meeting. 
They  made  a  demand  upon  the  undersigned,  having  no  bearing  what- 
ever upon  the  jurisdictional  line,  which  we  declined  to  entertain  until 


442  Copies  of  Documents  Relating  to  the 

the  work  was  finished.  We  decidedly  informed  the  gentlemen  that  we 
were  perfectly  satisfied  with  the  line  as  they  and  their  surveyors  had 
established  it,  and  that  as  soon  as  the  remainder  of  the  monuments  were 
set,  we  should  be  happy  to  meet  them  at  any  convenient  place  and  close 
up  other  matters  as  amicably  as  we  had  agreed  in  running  the  line. 
They  then  demurred  to  proceeding  any  further,  until  we  complied  with 
their  demand,  which  we  considered  a  very  unreasonable  one,  and  entirely 
contrary  to  our  original  understanding,  and  they  left,  without  any 
decision  as  to  who  should  finish  up  the  work.  We  proposed  for  them  to 
go  on  and  set  the  monuments,  or  if  they  would  so  consent,  we  would  take 
the  burden.  But  no,  they  must  have  their  own  way,  as  they  had  done 
from  the  commencement  of  the  work,  or  no  way  at  all,  and  thus  we 
separated. 

Before  leaving  the  place,  they  notified  Mr.  Perry  that  his  services  were 
not  wanted  in  setting  the  monuments,  and  on  the  15th  of  November,  Col. 
Tarbell  placed  in  our  hands  individually,  without  a  word  of  explanation, 
a  notice  of  the  following  tenor,  subscribed  "Samuel  D.  Backus," 
"  J.  Tarbell,"  "  Commissioners  on  the  part  of  the  State  of  New  York." 

"  Gentlemen  : 

"  4.11  communications  and  propositions,  oral  or  written,  from  us  or 
either  of  us,  to  you  for  the  settlement  of  said  line,  are  respectfully 
withdrawn;  we  take  this  step  in  good  faith,  and  as  necessary  and  proper 
under  all  the  circumstances.  Permit  us  to  add  that  we  shall  take 
pleasure  in  a  prompt  reopening  of  negotiations,  and  will  make  full,  and 
we  have  no  doubt  satisfactory  explanations  for  this  step." 

Language  can  not  adequately  express  the  surprise  of  the  undersigned 
on  perusing  this  brief  document,  neither  could  they  well  comprehend 
its  meaning.  Mr.  Holly  was  at  the  very  time  engaged  in  preparing  a 
topographical  sketch  of  the  whole  line,  to  accompany  our  report,  the 
outlines  of  which  have  been  finished,  but  he  did  not  feel  justified  in 
incurring  the  expense  of  a  transfer  to  a  proper  shape  for  preservation, 
if  the  whole  work  of  the  expensive  survey  that  had  been  made,  was  thus 
to  be  crushed  out  by  the  gentlemen  on  the  part  of  New  York,  and 
rendered  nothing  worth.  These  gentlemen  have  not  subsequently  made 
us  any  explanation  for  this  recalling  all  their  agreements,  neither  have 
they  ever  named  a  time  or  place  requesting  us  to  meet  them  to  "  reopen 
negotiations,"  although  they  have  solicited  us  to  name  a  time  and  place 
for  an  interview.  In  reply  to  their  solicitations  we  notified  them  that 
we  were  not  aware  of  any  disagreement  or  uncertainty  in  regard  to  the 
line  as  it  was  run  —  that  we  most  cheerfully  assented  to  the  line  as  they 
•  had  marked  it  out,  that  Mr.  Holly  had  reviewed  every  point,  and  was 
satisfied  the  work  was  correctly  accomplished,  and  that  as  soon  as  they 
would  unite  with  us  in  erecting  the  remainder  of  the  monuments,  we 
should  be  happy  to  meet  them  at  the  place  of  their  own  selection  to 


Boundaries  of  the  State  of  New  York.  443 

close  up  the  business  of  our  joint  Commissions.     But  nothing  further 
has  been  jointly  accomplished. 

The  undersigned  have  been  thus  particular  in  regard  to  matters  that, 
perhaps,  might  otherwise  have  been  omitted  in  this  report,  but  from 
the  fact  that  we  have  noticed  in  the  public  prints,  that  on  the  afternoon 
of  the  13th  day  of  April,  1857,  only  four  days  before  the  close  of  the 
session,  the  Boundary  question  was  reported  upon  by  a  select  committee 
of  the  Legislature  of  New  York,  accompanied  with  the  following 
resolutions :  — 

"  Resolved,  That  the  Commissioners  on  the  part  of  New  York,  while 
"  they  have  maintained  the  rights  of  this  State,'by  declining  to  yield 
"any  of  its  territories,  or  to  adopt  any  other  than  the  legal  and 
"recognized  boundary  through  the  ancient  land-marks,  have  not  been 
"lacking  in  liberality  towards  the  Commissioners  on  the  part  of  Con- 
"  necticut,  nor  in  a  popular  effort  for  a  just  and  speedy  determination 
"of  the  matters  of  difference  between  them,  nor  are  they  to  be  held 
"  responsible  for  the  failure  of  a  settlement  hitherto." 

"  Resolved,  That  relying  upon  the  Legislature  of  Connecticut  to 
"  correct  the  errors  of  its  Commissioners,  we  d^em  no  legislation  neces- 
"  sary  on  the  part  of  this  State,  in  relation  to  this  subject  at  the  present 
"  time." 

From  the  tenor  of  these  resolutions,  the  undersigned  are  constrained 
to  believe  the  Legislature  of  New  York  has  been  misled  in  relation  to 
facts  by  an  exparte  report,  at  a  period  of  the  session  too  late  to  enter- 
tain any  counter  statement,  and  we  cannot  but  hope  and  believe,  that, 
should  your  honorable  body  devise  some  proper  means  to  bring  this 
subject  under  the  review  of  our  sister  State,  justice  and  truth  in  rela- 
tion to  this  subject  will  yet  be  honored,  and  that  ultimately  the  line, 
as  run  by  the  intelligent  and  efficient  engineer  on  the  part  of  the  State 
of  New  York,  will  be  established  as  the  true  jurisdictional  line  between 
the  two  States. 

All  which  is  respectfully  submitted, 

WM.  H.  HOLLY,      |    _ 

JASON  WHITING,  f  ^ommtsstoners. 

Hartford,  May  19th,  1857. 

— [Conn.  Gen.  Assem.  Reports,  <£c,  May  Session,  1857,  No.  16. 


444  Copies  of  Documents  Relating  to  the 

[In  Conn.  Senate.] 

May  26,  1857. 

*  *  *  * 

The  President  announced  the  appointment  of  Mr.  Giddings  on  the 
Joint  Select  Committee  on  the  part  of  the  Senate,  appointed  to  examine 
and  report  upon  the  report  of  the  Commissioners  on  the  Western 
boundary  line  of  the  State.1 

*  *  *  * 

— [Conn.  Sen.  Journal,  1857,  p.  149. 


June  5,  1857. 

*  *  *  * 

The  report  of  the  Joint  Select  Committee  appointed  to  examine  the 
report  of  the  Commissioners  *  *  ,  to  whom  was  referred 

a  resolution,  directing  the  printing  of  750  copies  of  said  report,  favor- 
able to  the  passage  of  said  resolution,  was  received  from  the  House  of 
Representatives,  the  report  of  the  Committee  being  accepted,  and  the 
accompanying  resolution  being  passed. 

On  motion,  the  Senate  concurred  with  the  House  in  the  passage  of 
the  resolution,  and  in  accepting  the  report  of  the  Committee. 

*  *  *  * 
— [Conn.  Sen.  Journal,  1857,  p.  202. 


[In  Conn.  General  Assembly.] 

Report  of  the  Joint  Select  Committee  on  the  Boundary  Question, 

with  Resolutions. 

May  Session,  A.  D.,  1857. 

The  Joint  Select  Committee,  to  whom  was  referred  the  "  Report  of 
the  Commissioners  on  the  Western  Boundary  Line  between  Connecticut 
and  New  York,"  beg  leave  to  Report,  that  they  have  had  the  same  under 
consideration,  and  find  the  following  facts. 

That  as  yet  said  Commissioners  have  been  unable  to  accomplish  the 
object  of  their  Commission,  and  for  the  reasons  set  forth  at  length  in 
their  report. 

That  after  a  full  examination  and  enquiry  into  the  matters  contained 
in  said  report,  in  which  Messrs.  Holley  and  Whiting,  of  the  Connecticut 
Commission,  and  Messrs.  Field  and  Backus,  of  the  New  York  Commis- 
sion appeared  before  your  Committee,  and  were  each  heard  at  length 

1  The  N.  Y.  State  Library  has  never  received  a  copy  of  the  Conn.  House  Journal 
for  1857,  and  we  therefore  have  not  at  hand  the  formal  record  of  the  appointment 
of  the  House  Committee.  Their  names,  however,  are  given  at  the  end  of  the 
report  of  the  Joint  Committee,  on  page  447,  post. — [P. 


Boundaries  of  the  State  of  New  York.  445 

thereon,  your  Committee  find  that  the  statements  made  in  said  report  are 
true,  and  therefore  satisfactorily  account  "  for  the  failure  of  a  settlement 
hitherto  "  of  this  question  of  boundary  line. 

They  also  find  that  the  said  Connecticut  Commissioners,  have  at  all 
times  endeavored  faithfully  and  fairly  to  carry  out  both  the  letter  and 
spirit  of  their  Commission,  and  which  as  they  supposed  coincided  with 
the  authority  and  scope  of  the  New  York  Commission.  And  herein, 
your  Committee  fully  and  unhesitatingly  exonerate  the  Connecticut 
Commissioners  from  any  and  all  imputations  or  reflections  upon  their 
conduct  in  this  survey,  whether  embraced  in  the  printed  report  of  the 
New  York  Commissioners  or  in  their  correspondence  published  by  them 
in  connection  with  their  report;  and  they  also  exceedingly  regret  that 
any  unworthy  imputations  or  reflections,  either  upon  the  State  of  Con- 
necticut or  its  Commissioners,  should  have  been  permitted  to  appear  in 
a  published  document  under  the  authority  of  a  high  Commission  from 
a  sister  State,  as  will  be  found  in  said  printed  pamphlet,  authorized  by 
two  of  the  commissioners  of  New  York. 

They  further  find  that  at  the  fii-st  meeting  of  the  Connecticut  Com- 
missioners with  the  New  York  Commissioners  for  the  commencement  of 
their  survey,  as  stated  in  their  report,  the  principle  that  should  govern 
the  joint  commission  in  ascertaining  and  running  said  boundary  line, 
was  discussed  and  jointly  agreed  upon,  (Mr.  Field  of  the  New  York 
Commission  dissenting,)  to  wit:  that  the  angle  bounds  being  first  ascer- 
tained, the  true  jurisdictional  line  would  be  found  by  running  a  straight 
line  from  angle  bound  to  angle  bound,  and  that  thereafter  the  joint 
Commission,  with  the  said  exception,  adopted  this  rule  throughout  the 
whole  survey;  and  so  ascertained  and  established  the  entire  boundary 
line,  to  the  mutual  satisfaction  of  all,  Mr.  Field  excepted,  leaving  only 
the  monuments  to  be  thereafter  prepared  and  placed  upon  the  line  in 
completion  of  their  joint  labors  as  more  fully  set  forth  in  their  report 
aforesaid. 

That  subsequently  to  this  and  before  the  placing  of  said  monuments, 
there  was  an  adjourned  meeting  of  said  Commissioners,  at  which  meet- 
ing there  arose  a  disagreement  between  Messrs.  Backus  and  Tarbell  and 
the  Connecticut  Commissioners  on  matters  relating  to  the  expenses  of  the 
joint  Commission,  but  none  whatever  as  to  the  line  jointly  ascertained 
and  established  by  them;  and  which  difference  alone  prevented  them 
from  then  jointly  placing  said  monuments,  and  finishing  up  the  whole 
matter  preparatory  to  a  report  to  their  respective  Legislatures. 

That  in  consequence  of  this  said  difference  as  stated  in  said  report, 
the  further  progress  of  the  joint  commission  was  interrupted,  a  formal 
withdrawal  of  former  communications  and  propositions  was  afterwards 
demanded  by  Messrs.  Backus  and  Tarbell,  and  the  Connecticut  Com- 


446  Copies  of  Documents  Relating  to  the 

missioners  were  by  them  forbid  placing  the  monuments  which  had  been 
jointly  ordered  on  the  remainder  of  the  line,  as  before  agreed  upon  by 
them. 

That  after  this,  for  reasons  which  do  not  fully  appear  to  your  Commit- 
tee, Messrs.  Backus  and  Tarbell  consulted  legal  counsel  as  to  the 
principle  they  had  adopted  in  accordance  with  the  views  of  the  Con- 
necticut Commissioners  as  above  referred  to,  and  which  was  to  govern 
them  in  ascertaining  said  boundary  line.  And  it  was  not  until  after 
such  consultation  and  further  consideration,  that  they  now  came  to  a 
different  conclusion  as  to  the  authority  of  their  Commission,  and  the 
principle  which  should  determine  their  action  under  it;  and  which 
change  of  opinion  led  them  now  to  coincide  with  the  opinion  of  their 
associate  and  Chairman,  the  Hon.  Benj.  FiekL  as  before  stated  —  to  wit: 
That  they  were  not  to  be  guided  by  straight  lines  from  angle  bound  to 
angle  bound  in  determining  the  true  boundary  line,  excepting  in  the 
absence  of  all  well  ascertained  intermediate  monuments;  but  that  where 
said  intermediate  monuments  could  be  found,  and  by  traditionary  evi- 
dence be  satisfactorily  made  out  to  be  the  ancient  monuments  through 
which  the  original  boundary  line  was  known  to  run,  that  these  must 
uniformly  determine  the  true  line,  however  it  might  vary  from  a  straight 
line,  and  although  it  should  be  found  to  have  been  so  originally  run  by 
a  mistaken  or  erroneous  survey.  That  as  a  question  of  law,  no  original 
mistakes  could  now  be  corrected  in  running  this  boundary  line;  but 
that  they  were  shut  up  to  finding  out  as  nearly  as  possible  where  the 
old  line  was,  and  in  doing  this  they  were,  to  be  governed  rather  by  a 
traditional  line  than  by  angle  and  fixed  bounds. 

This  new  question  of  power  and  of  law,  under  the  respective  Commis- 
sions of  these  Commissioners,  your  Committee  felt  to  be  no  part  of  their 
province  to  pass  upon,  and  therefore  suggest  no  opinion  in  the  premises. 

In  view  of  this  state  of  the  case  as  now  presented,  your  Committee 
are  of  the  opinion  that  a  re-examination  of  a  portion  at  least  of  said 
boundary  line  will  need  to  be  made  by  our  and  their  respective  Com- 
missioners; and  your  Committee  are  led  to  believe  that  under  such  a 
re-examination,  a  true  and  correct  and  in  all  respects  proper  line  may  be 
fixed  upon  by  said  Commissioners  jointly,  and  which  will  be  mutually 
satisfactory  to  them  and  be  approved  by  the  States  which  they  respect- 
ively represent.  Without  this,  your  Committee  feel  that  all  the  past 
labors  and  expenses  of  said  commission  will  not  only  be  unavailing,  but 
be  productive  of  unpleasant  differences  between  the  States  themselves, 
and  injurious  to  the  inhabitants  now  living  immediately  upon  this 
uncertain  boundary. 

Your  Committee  are  further  of  the  opinion,  that  in  order  more  fully 
to  meet  these  new  questions  of  law,  it  is  desirable  that  a  legal  gentle- 


Boundaries  of  the  State  of  New  York.  447 

man  should  be  added  to  your  commission,  and  this  is  at  the  instance 
and  request  of  your  present  Commissioners. 

In  accordance  with  these  views  entertained  by  your  Committee,  they 
recommend  the  adoption  of  the  accompanying  resolutions. 
All  which  is  respectfully  submitted,  by 

AMMI  GIDDINGS,  Senate  Com. 
O.  H.  PERRY, 
JAMES  T.  PRATT, 
ALEX.  S.  PALMER, 
RICHMOND  M.  BULLOCK, 
G.  D.  COLBURN, 
E.  S.  HASKIN, 
O.  H.  PARKER, 
C.  R.  INGERSOLL. 


kS>     ^ 


General  Assembly, 

May  Session,  A.  D.  1857. 

Resolved  by  this  Assembly, 

That  the  Commissioners  heretofore  appointed  on  the  part  of  Connec- 
ticut to  ascertain  the  boundary  line  between  this  State  and  the  State  of 
New  York,  and  to  erect  suitable  monuments  thereon,  be  and  hereby 
are  continued  in  commission,  and  that  Hon.  Truman  Smith,  be  added  to 
the  said  Commission,  who  being  duly  commissioned  by  His  Excellency 
the  Governor,  shall,  with  the  aforesaid  Commissioners,  constitute  a  Board 
for  finally  carrying  out  the  object  of  said  Commission  appointed  by  the 
General  Assembly  of  1855;  and  they  are  hereby  authorized  and  empow- 
ered to  bring  to  a  final  settlement  all  matters  appertaining  to  and  implied 
by  the  authority  granted  in  the  original  resolve  raising  said  Commission, 
together  with  all  proper  expenses  already  incurred,  or  to  be  hereafter 
incurred  therein. 

In  case  any  vacancy  shall  occur  in  said  Board  by  reason  of  death  or 
otherwise,  His  Excellency  the  Governor,  is  hereby  empowered  to  fill 
such  vacancy  by  the  appointment  of  a  successor  or  successors  to  be  by 
him  duly  commissioned  as  aforesaid. 

Resolved,  That  the  said  Connecticut  Commissioners,  be  hereby  author- 
ized and  requested  to  go  forward  and  bring  to  a  satisfactory  conclusion 
the  matter  originally  committed  to  them,  as  soon  as  requested  thereto 
by  the  present  or  other  Commissioners  on  the  part  of  the  State  of  New 
York  duly  authorized;  —  and  to  make  a  final  report  thereon  to  the  next 
General  Assembly. 
— [Conn.  Gen.  Assem.  Reports,  &c,  May  Session,  1857,  No.  17. 


448  Cofies  of  Documents  Relating  to  the 

[In  Conn.  Senate.] 

June  23,  1857. 

*  *  *  * 

Mr.  Giddings,  from  the  Joint  Select  Committee  appointed  to  examine 
and  report  upon  the  report  of  the  Commissioners  appointed  at  the  last 
session  of  the  General  Assembly,  to  ascertain  and  adjust  the  boundary 
line  between  this  State  and  the  State  of  New  York,  reported  recom- 
mending the  passage  of  accompanying  resolutions  continuing  said  Com- 
missioners in  office,  and  adding  to  their  number  Truman  Smith,  of 
Stamford,  and  recommending  that  the  report  of  the  Commissioners  for 
the  past  year,  which  had  been  referred  to  them,  be  accepted  and  lodged 
on  file  in  the  office  of  the  Secretary  of  State. 

On  motion,  the  report  of  the  Committee  was  accepted,  the  accom- 
panying resolutions  passed,  and   the  report  of  the  Commissioners  was 

accepted  and  ordered  to  be  lodged  on  file.' 

*  *  *  * 

— I  Conn.  Sen.  Journal,  1857,  p.  333. 


May  5, 1858. 

*  *  *  * 

A  message  from  his  Excellency,  the  Governor,  transmitting  informa- 
tion relative  to  the  Boundary  Line  between  this  State  and  the  State  of 
New  York,  was  received  and  read. 

On  motion,  the  message  was  ordered  to  be  transmitted  to  the  House 

of  Representatives. 

*  *  *  * 

— [Conn.  Sen.  Journal,  1858,  p.  19. 


[In  Conn.  House  of  Representatives.] 

May  5,  1858. 

*  *  *  * 

A  second  message  from  his  Excellency,  the  Governor,  was  received 
from  the  Senate,  giving  information  in  relation  to  the  boundary  line 
between  this  State  and  the  State  of  New  York,  that  the  question  was 
yet  unsettled,  and  little  progress  had  been  made  towards  its  final 
adjustment;  also  that  the  resignation  of  Hon.  Truman  Smith  as  one  of 
the  Commissioners,  had  been  accepted. 

On  motion,  the  message  was  read  and  ordered  to  be  lodged  on  file  in 

the  office  of  the  Secretary  of  State. 

*  *  *  * 

— [Conn.  House  Journal,  1858,  p.  8. 

1  For  the  reason  stated  in  foot  note  on  p.  444,  no  record  of  concurrent  action  by 
the  House  of  Representatives  is  subjoined. — [P. 


Boundaries  of  the  State  of  New  York.  449 

[In  Conn.  Senate.] 

May  20,  1858. 

*  *  *  * 

Mr.  Curtis,  by  leave  of  the  Senate,  introduced  a  joint  resolution, 
raising  a  Joint  Select  Committee,  to  consist  of  one  on  the  part  of  the 
Senate  and  eight  on  the  part  of  the  House,  whose  duty  it  shall  be  to 
inquire  into  all  matters  of  difference  concerning  the  boundary  line 
between  the  State  of  Connecticut  and  the  State  of  New  York,  and 
report  to  this  session  of  the  General  Assembly. 

On  motion,  the  resolution  was  passed.1 

*  *  *  ■  '• 

— [Conn.  Sen.  Journal,  1858,  p.  117. 


[In  Conn.  House  op  Representatives.] 

May  21,  1858. 

*  *  *  * 

A  joint  resolution,  raising  a  Joint  Select  Committee,  *  *  was 
received  from  the  Senate,  passed. 

On  motion,  the  House  concurred  with  the  Senate  in  the  passage  of 
the  resolution. 

*  *  *  * 

— [Conn.  Mouse  Journal,  1858,  p.  110. 


May  26,  1858. 

*  *  *  * 

The  Speaker  announced  the  foljowing  Joint  Select  Committee  to 
inquire  into  all  matters  of  difference  concerning  the  boundary  line 
between  the  State  of  Connecticut  and  the  State  of  New  York,  viz: 

Messrs.  Hubbard  of  Hartford, 
Downs  of  Southbury, 
A.  S.  Palmer  of  Stonington 
Dauchy  of  Ridgefield, 
Carey  of  Ashford, 
Stone  of  New  Hartford, 
Redfield  of  Essex, 
Colburn  of  Union. 

*  *  ♦  * 

— [Conn.  House  Journal,  1858,  p.  143. 

1  It  appears  from  a  subsequent  report,  that  Mr.  Curtis  was  the  member  of  the 
Joint  Committee  on  the  part  of  the  Senate,  although  we  find  no  record  of  his 
appointment  in  the  Journal  of  the  Senate. — [P. 

29 


450  Copies  of  Documents  Relating  to  the 

[In  Conn.  Senate.] 

June  4,  1858. 

*  *  *  * 

A  report  from  the  Board  of  Commissioners  on  the  part  of  this  State, 
to  ascertain  the  boundary  line  between  this  State  and  the  State  of  New 
York,  was  received. 

On  motion,  the  report  was  referred  to  the  Joint  Select  Committee 
appointed  to  examine  the  subject. 

*  *  *  * 

— [Conn.  Sen.  Journal,  J 858,  p.  327. 


June  8,  1858. 


* 


Mr.  Curtis,  from  the  joint  Select  Committee     *         *     by  leave  of 
the  Senate  submitted  the  report  of  the  Committee     *  * 

On  motion  of  Mr.  Curtis, 

The  report  of  the  Committee  and  the  accompanying  resolutions  were 
laid  upon  the  table,  and  ordered  to  be  printed. 

*  *  *  * 

— [Conn.  Sen.  Journal,  1858,  p.  373. 


June  10,  1858. 

*  *  *  * 

Mr.  Curtis,  from  the  Joint  Select  Committee,  *  *  to  whom  was 
referred  the  report  of  William  H.  Holley,  one  of  the  Boundary  Com- 
missioners on  the  part  of  this  State,  by  leave  of  the  Senate,  submitted 
the  report  of  the  Committee,  recommending  that  said  annual  report  be 
accepted  and  ordered  to  be  lodged  on  file  in  the  office  of  the  Secretary 
of  State. 

On  motion,  the  report  of  the  Committee  was  accepted,  and  the 
accompanying  report  was  ordered  to  be  lodged  on  file  in  the  Secretary's 
office,  as  by  the  Committee  recommended. 

*  *  *  * 
— f  Conn.  Sen-  Journal,  1858,  p.  429. 


Boundaries  of  the  State  of  New  York.  451 

[In  Conn.  House  of  Representatives.] 

June  15,  1858. 

The  following  report  of  the  Joint  Select  Committee,  appointed  to 
inquire  into  the  matters  in  dispute  concerning  the  Boundary  Line  between 
this  State  and  the  State  of  New  York,  with  the  accompanying  resolu- 
tions, was  received  from  the  Senate,  viz: 

General  Assembly,  May  Session,  A.  D.  1858. 

The  Joint  Select  Committee,  who  were  raised  to  inquire  into  all 
matters  in  dispute  concerning  the  boundary  line  between  the  State  of 
Connecticut  and  the  State  of  New  York,  respectfully  report: 

That  from  the  earliest  pei'iod  in  our  colonial  history  one  of  the  most 
fruitful  sources  of  difficulty  between  the  colonies  of  Connecticut  and 
New  York  was  the  uncertainty  concerning  their  boundary  line,  and  it 
was  not  until  years  had  elapsed,  and  the  colony  of  Connecticut  had 
relinquished  a  large  portion  of  her  territory,  that  the  matter  was  finally 
adjusted,  and  brought  to  a  successful  termination  in  the  year  seventeen 
hundred  and  twenty-five;  since  which  time,  up  to  the  year  1855,  a 
period  of  one  hundred  and  thirty  years  had  elapsed,  and  most  of  the 
early  marks  and  bounds  made  and  set  up  by  the  early  Commissioners,  in 
running  that  line,  had  been  entirely  obliterated.  In  view  of  these  facts, 
and  to  prevent  any  difficulties  which  might  arise  out  of  controversies 
concerning  said  boundary,  the  General  Assembly,  at  its  session  in  May, 
A.  D.  1855,  passed  a  resolution  providing  for  the  appointment  of  a  Board 
of  two  Commissioners  on  the  part  of  the  State  of  Connecticut,  whose 
duty  it  should  be  to  confer  with  any  number  of  Commissioners  to  be 
appointed  by  the  State  of  New  York,  and  jointly  with  such  Commis- 
sioners to  ascertain  the  boundary  line  between  the  two  States. 

That  at  the  same  session  of  the  General  Assembly  William  H.  Holly 
and  Jason  Whiting,  Esqrs.,  were  appointed  such  Board  of  Commis- 
sioners to  ascertain  said  boundary,  and  were  duly  commissioned  for  that 
purpose. 

That  said  Commissioners  on  the  part  of  the  State  of  Connecticut, 
met  certain  Commissioners  on  the  part  of  the  State  of  New  York,  on 
the  3d  day  of  June,  1856,  and  it  was  mutually  agreed  to  proceed  and 
ascertain  the  said  boundary  line  between  the  two  States,  and  to  set 
up  and  establish  marks  and  bounds  at  intervals  along  the  same. 

And  your  Committee  find  that,  in  pursuance  of  such  agreement,  a 
boundary  line  was  run,  and  marks  and  bounds  were  set  up  at  intervals 
along  said  line,  and  no  permanent  disagreement  took  place  between  the 
Commissioners  of  the  two  States  until  they  met  to  adjust  and  settle  the 
expenses  of  the  survey. 


452  Copies  of  Documents  Relating  to  the 

That  the  Commissioners  on  the  part  of  the  State  of  New  York,  at 
the  meeting  last  mentioned,  positively  refused  to  agree  to  establish  the 
line  so  run  and  surveyed  by  said  joint  commission,  unless  the  Commis- 
sioners on  the  part  of  the  State  of  Connecticut  would  agree  to  pay  one- 
half  of  the  expenses  arising  from  the  employing  a  surveyor  to  run  and 
survey  said  line,  which  surveyor  was  employed  wholly  by  the  Commis- 
sioners on  the  part  of  the  State  of  New  York. 

And  in  consequence  of  such  disagreement  no  line  has  been  fully 
ascertained  and  determined  upon  between  the  two  States. 

All  of  which  doings  of  said  Commissioners  were  fully  heard  and 
reported  upon  at  the  last  session  of  the  General  Assembly,  and  the 
Commissioners  on  the  part  of  the  State  of  Connecticut  were  fully  and 
entirely  exonerated  from  all  blame  during  the  time  they  were  confer- 
ring with  said  New  York  Commissioners  and  running  said  boundary 
line. 

At  the  same  session  of  the  General  Assembly,  a  resolution  was  passed, 
authorizing  and  requesting  the  said  Commissioners  heretofore  appointed, 
together  with  the  Hon.  Truman  Smith,  appointed  at  said  last  mentioned 
session,  to  go  forward  and  bring  to  a  satisfactory  conclusion  the  matter 
originally  committed  to  them  as  soon  as  requested  thereto  by  the  Com- 
missioners of  the  State  of  New  York,  duly  authorized,  and  to  make  a 
final  report  to  this  session  of  the  General  Assembly. 

And  your  Committee  find  that  so  far  as  they  have  been  able  to  ascer- 
tain, no  request  has  been  made  by  any  Commissioner  or  Commissioners 
on  the  part  of  the  State  of  New  York,  to  go  forward  and  ascertain  and 
settle  said  boundary  line,  and  therefore  that  the  Commissioners  on  the 
part  of  this  State  are  not  under  obligations,  and  in  pursuance  of  the 
aforementioned  resolution  are  not  bound  to  take  any  further  action  to 
bring  to  a  satisfactory  conclusion  the  various  questions  existing  con- 
cerning said  boundary  line. 

And  your  Committee  further  find,  that  along  said  line  the  greatest 
uncertainty  and  confusion  now  prevails  in  regard  to  the  same,  and  that 
there  is  a  dispute  now  existing  between  said  Commissioners  as  to 
whether  the  line  they  have  run  is  the  true  line  of  seventeen  hundred 
twenty-five,  and  as  to  whether  they  have  exceeded  their  powers  in  run- 
ning said  line.  That  at  many  places  along  said  line  it  varies  materially 
from  the  old  traditionary  line,  and  that  the  recent  survey,  if  left  in  its 
present  condition,  will  tend  to  greater  confusion  and  uncertainty,  rather 
than  to  fix  and  determine  the  said  boundary  line. 

Your  Committee  further  report,  that  the  said  Commissioners  are 
desirous  of  being  discharged  from  further  action  in  the  matter,  and 
that  the  existing  difficulties  are  of  such  nature,  that  in  the  opinion  of 
your  Committee,  no  adjustment  can  be  had  of  the  questions  now  in 


Boundaries  of  tee  State  of  New  York.  453 

controversy,  unless  there  is  a  full  discharge  of  your  present  Board  of 
Commissioners. 

Your  Committee,  therefore,  recommend  that  the  present  Board  of 
Commissioners  be  fully  and  honorably  discharged  from  all  further  duty, 
and  that  his  Excellency,  the  Governor  of  this  State,  be  empowered  to 
appoint  such  number  of  Commissioners,  (not  exceeding  three,)  as  may  be 
necessary  to  confer  with  any  number  of  Commissioners  to  be  hereafter 
appointed  on  the  part  of  the  State  of  New  York,  whose  duty  it  shall  be 
to  ascertain  and  settle  said  boundary  line  —  subject  to  the  ratification 
of  the  Legislatures  of  the  two  States;  and  herewith  report  the  accom- 
panying resolutions. 

All  of  which  is  respectfully  submitted. 

JULIUS  B.  CURTIS,   Chairman. 

Resolved  by  this  Assembly,  That  the  Commissioners  heretofore 
appointed  on  the  part  of  the  State  of  Connecticut,  to  ascertain  the 
boundary  line  between  this  State  and  the  State  of  New  York,  be  and 
they  are  hereby  discharged  from  all  further  duty  concerning  said 
boundary  line,  and  that  the  resolution  appointing  said  Commissioners, 
passed  at  the  session  of  the  General  Assembly,  May,  1855,  and  all  other 
resolutions  in  addition  to  and  alterations  of  the  aforesaid  resolution,  be 
and  the  same  are  hereby  repealed. 

Resolved,  That  his  Excellency,  the  Governor  of  this  State,  be  and  is 
hereby  empowered  to  appoint  and  commission  any  number  of  Commis- 
sioners, not  exceeding  three,  which  said  Commissioners  are  hereby 
empowered  to  meet  such  Commissioners  as  may  be  hereafter  appointed, 
on  the  part  of  the  State  of  New  York,  and  with  them  jointly  to  ascer- 
tain and  settle  the  boundary  line  between  the  two  States,  and  erect 
suitable  monuments  at  such  places  as  they  shall  deem  necessary,  to  pre- 
vent future  mistakes  concerning  the  same,  and  to  employ  necessary 
surveyors,  chainman,  and  assistants  to  assist  as  aforesaid,  and  report  to 
and  be  subject  to  the  next  session  of  the  General  Assembly. 

Resolved,  That  the  Governor  of  this  State  be  requested  to  transmit 
a  duly  certified  copy  of  the  foregoing  resolutions  to  the  Governor  of 
the  State  of  New  York. 

The  report  of  the  Committee  having  been  accepted  in  the  Senate,  and 
the  accompanying  resolutions  amended  by  inserting  before  the  word 
"  discharged "  in  the  fourth  line  of  the  first  resolution  the  word 
"  honorably;" 

Also,  by  inserting  after  the  word  "  resolutions,"  in  the  second  line  of 
the  last  resolution,  the  words  "  with  the  accompanying  report  of  the 
Joint  Select  Committee  of  this  General  Assembly,"  and,  as  amended, 
passed; 


454  Copies  of  Documents  Relating  to  the 

The  question,  "Shall  the  amendments  proposed  by  the  Senate  be 
adopted  ?  "  was  put,  and  decided  in  the  affirmative. 

So  the  House  concurred  with  the  Senate  in  the  adoption  of  the  pro- 
posed amendments. 

The  question  recurring  upon  the  passage  of  the  resolutions,  as 
amended, 

The  question,  "  Shall  the  resolutions,  as  amended,  pass  ?  "  was  put 
and  decided  in  the  affirmative. 

So  the  resolutions,  as  amended,  were  passed,  and,  on  motion,  the 
House  concurred  with  the  Senate  in  accepting  the  accompanying  report 
of  the  Committee. 

*  *  *  * 

— [Conn.  Souse  Journal,  1858,  p.  516. 


[Gov.  Morgan  to  N.  Y.  Legislature.] 

January  4,  1859. 

There  is  an  unadjusted  question,  in  relation  to  the  boundary  line 
between  this  State  and  the  State  of  Connecticut,  the  necessary  informa- 
tion concerning  which,  I  have  not  been  able  to  obtain;  but  it  is  a  ques- 
tion which  ought  to  be  settled  during  the  present  session,  and  I  call 
attention  to  it,  fully  believing  it  will  receive  that  consideration  and 
action,  which  justice  to  our  own,  and  to  our  sister  State,  demands. 

— [N.  Y.  Sen.  Journal,  1860,  p.  22. 


[In  N.  Y.  Assembly.] 

February  2,  1859. 

*  *  *  * 

A  message  was  received  from  his  excellency  the  Governor,  relative 
to  the  disputed  boundary  between  this  State  and  the  State  of  Connecti- 
cut, which  was  referred  to  the  committee  on  the  judiciary,  and  ordered 
printed. 

*  *  *  * 

— [i\T.  Y.  Assent.  Journal,  1859,  p.  249. 


Boundaries  of  the  State  of  New  York.  455 

STATE   OF   NEW  YORK. 

No.  54. 

In  Assembly,  Feb.  2,  1859. 


COMMUNICATION 

From  His  Excellency  the  Governor,  with  reference  to  the  disputed 
Boundary  between  New  York  and  Connecticut. 


EXECUTIVE  CHAMBER, 

Albany,  February  2,  1859. 


! 


To  the  Assembly : — In  my  annual  message  I  stated  that  there  was  an 
unsettled  question  of  boundary  with  the  State  of  Connecticut,  concern- 
ing which  I  had  not  then  been  able  to  obtain  the  requisite  information. 
Since  that  message  was  communicated  to  the  Legislature,  I  have  gath- 
ered some  additional  information  which  convinces  me  of  the  propriety 
of  immediate  action. 

The  boundary  between  the  States  of  New  York  and  Connecticut  has 
been  unsettled  for  more  than  two  centuries.  It  is  not  necessary  to  enter 
into  the  controversy  here,  further  than  to  mention  that  in  1725  and  1 731, 
the  boundary  line  was  officially  defined,  as  was  then  supposed  finally  and 
beyond  the  possibility  of  dispute,  an  elaborate  survey  having  been  made 
and  numerous  monuments  erected.  In  the  lapse  of  time  these  monu- 
ments have  been  in  a  great  measure  obliterated,  and  great  uncertainty 
has  consequently  prevailed  along  the  border,  as  to  the  precise  position 
of  the  boundary  line.  In  May,  1855,  the  Legislature  of  Connecticut 
passed  resolutions  appointing  two  Commissioners  to  meet  such  as  might 
be  appointed  by  this  State,  to  ascertain  and  mark  the  boundary,  and 
requested  the  co-operation  of  New  York.  Our  Legislature  responded  to 
this  request,  and  on  April  9,  1856,  by  concurrent  resolutions,  authorized 
the  Governor  to  appoint  three  Commissioners  to  define  the  line.  Gov. 
Clark,  on  the  same  day,  appointed  Ben.  Field,  Samuel  D.  Backus,  and 
Jonathan  Tarbell,  Commissioners  under  these  resolutions.  They  entered 
upon  their  duties  about  the  first  of  June,  and  from  the  23d  of  that 
month  till  November  1,  the  Commissioners  of  both  States,  with  a  sur- 
veying party,  were  engaged  in  running  the  line.  The  result  was  that 
for  a  distance  of  about  thirty  miles,  commencing  at  Long  Island  Sound 
and  proceeding  northward  by  a  zig-zag  line,  there  was  a  substantial 
agreement  between  the  Commissioners  as  to  the  position  of  the  line,  the 
ancient  monuments  being  readily  discovered.  For  a  distance  of  about 
fifty  miles  running  northward  from  what  is  called  the  Ridgefield  angle 
to  the  southern  boundary  of  Massachusetts,  a  line  was  run  by  the  sur- 
veying party,  which  the  Commissioners  on  the  part  of  Connecticut  were 


456  Copies  of  Documents  Relating  to  the 

willing  to  accept,  and  which  they  claim  was  run  under  the  authority  of 
the  Commissioners  of  this  State,  and  was  established  as  the  true 
boundary  line  by  their  acts.  The  latter,  however,  maintain  that  the 
line  so  run  was  merely  an  experimental  line,  which  is  as  a  general 
thing  to  the  west  of  the  true  boundary  line  as  designated  by  traditions 
and  monuments,  and  that  it  has  never  been  established  by  any  act  of 
theirs.  Upon  this  point  connected  with  some  questions  of  expense  the 
Commissioners  of  the  two  States,  on  November  6,  1856,  came  to  an 
entire  disagreement.  The  disputed  district,  consisting  of  a  strip  of  land 
which  runs  north  and  south  for  a  distance  of  about  fifty  miles,  and 
which  is  at  its  widest  part  forty-two  rods  wide,  contains  about  twenty- 
six  hundred  acres.  Most  of  this  district  is  mountainous  and  of  no  great 
value,  but  at  one  point  a  portion  of  a  village  of  two  or  three  hundred 
inhabitants  is  included  in  the  disputed  territory. 

The  disagreement  between  the  Commissioners  of  the  two  States  soon 
assumed  a  bitter  and  personal  form,  so  that  there  has  been  no  official 
definition  even  of  thirty  miles  of  line  about  which  there  is  a  substantial 
agreement  between  the  representatives  of  the  two  States.  Since  this 
disagreement,  which  was  followed  by  a  withdrawal,  on  November  15, 
of  all  proposals  on  the  part  of  the  Commissioners  of  this  State,  nothing 
has  really  been  accomplished,  though  several  formal  communications 
have  passed  between  the  Commissioners.  Even  the  proper  division 
of  the  expenses  attending  the  attempted  settlement  of  the  boundary 
remains  undetermined,  the  representatives  of  both  States  claiming  to 
have  paid  more  than  their  share.  The  dispute  upon  this  point  seems 
mainly  to  turn  upon  the  question  whether  Connecticut  is  responsible  for 
any  portion  of  the  expense  of  a  surveying  party  employed  apparently 
by  the  New  York  Commissioners. 

The  original  resolutions,  under  which  the  Commissioners  of  this  State 
were  appointed,  made  no  appropriation  for  the  expenses  of  the  Commis- 
sion, though  they  authorized  the  Commissioners  to  incur  them.  But  in 
1858  a  law  was  passed  appropriating  seven  thousand  dollars  for  the 
purpose,  and  fixing  the  personal  compensation  of  the  Commissioners  at 
six  dollars  per  day  each.  The  entire  amount  thus  appropriated  was 
drawn  from  the  treasury  prior  to  March  23,  1858,  while  a  clause  appro- 
priating about  two  thousand  dollars  additional  was  inserted  in  the 
supply  bill  of  that  year,  but  stricken  out  in  the  Senate  and  referred  to 
the  present  Legislature. 

I  cannot  resist  the  conclusion  that  the  expenses  of  this  Commission, 
on  the  part  of  this  State,  have  been  unnecessarily  large.  The  Comp- 
troller of  the  State  of  Connecticut  states  the  entire  amount  drawn  by 
the  Commissioners  of  that  State  at  twenty-four  hundred  and  twenty 
dollars,  while  this  State  has  already  paid  seven  thousand  dollars,  and 


Boundaries  of  the  State  of  New  York.  457 

there  are  bills  to  the  amount  of  nearly  two  thousand  dollars  more 
outstanding. 

Of  this  sum  a  considerable  proportion  has  accrued  since  negotiations 
have  been  broken  off  between  the  representatives  of  the  different  States. 
and  the  amount  is  constantly  increasing,  without  the  least  probability 
of  anything  being  accomplished. 

Whether,  however,  the  expenses  hitherto  have  or  have  not  been  unne- 
cessarily large,  there  seems  no  reason*  to  doubt  that  this  question  of 
boundary  can  now  be  settled  at  a  small  additional  expense,  and  in  a 
brief  period,  the  line  already  surveyed  being  taken  as  a  basis. 

I  would  suggest,  therefore,  that  the  resolutions  of  1856  be  rescinded, 
and  that  a  law  be  passed  authorizing  the  appointment  of  two  Commis- 
sioners, with  full  powers  to  establish  the  line  where  it  may  be  deemed 
best,  after  consultation  with  proper  representatives  of  Connecticut,  and 
that  their  compensation,  and  the  entire  expense  they  are  allowed  to 
incur,  be  fixed  in  the  bill.  By  such  a  course  the  matters  in  dispute  can 
be  settled  within  a  month,  after  good  weather  commences  in  the  spring. 

Connecticut  has  honorably  discharged  her  Commissioners,  but  has  left 
authority  with  the  Governor  to  appoint  others  with  power  to  ascertain 
and  settle  the  boundary  line,  and  this  State  must  communicate  with  the 
Governor  of  that  State,  and  procure  some  action  on  his  part.  Under 
no  circumstances  should  the  present  condition  of  things  be  allowed  to 
continue  another  year.  What  has  been  done  has  thus  far  only  served 
to  render  matters  more  unsettled  than  before.  Residents  near  the 
border  know  not  to  what  laws  they  are  subject  nor  in  which  State  they 
should  vote,  while  officers  of  justice  and  of  revenue  hesitate  to  exercise 
their  authority.  Consequently  the  laws  are  not  obeyed  and  the  taxes 
are  not  collected.  Justice  to  our  own  citizens  and  to  our  neighbors 
demands  that  this  state  of  things  should  not  be  allowed  to  continue. 

E.  D.  MORGAN. 


February  2,  1859 

*  *  *  * 

On  motion  of  Mr.  Morris, 

Resolved,  That  the  communication  from  his  excellency  the  Governor, 
to  this  House,  in  relation  to  the  Connecticut  boundary  be  printed  imme- 
diately for  the  use  of  the  judiciary  committee  and  this  House,  that 
action  may  be  had  thereon  without  delay. 

*  *  *  * 

— [iVT  Y.  Assem.  Journal,  1859,  p.  255. 


458  Copies  of  Documents  Relating  to  the 

A  bill  entitled  "An  act  for  the  settlement  of  the  disputed  boundary 
between  this  State  and  the  State  of  Connecticut,"  passed  the  Assem- 
bly, and  was  favorably  reported  by  the  judiciary  committee  of  the 
Senate  and  committed  to  the  committee  of  the  whole  on  the  12th 
of  April,  —  one  week  before  the  final  adjournment.  For  details  as 
to  this  bill,  which  failed  to  pass  the  Senate  and  become  a  law,  proba- 
bly for  want  of  time,  see  Assem.  Journal,  1859,  pp.  432,  921,  951, 
1111,  1159,  1233  ;  Sen.  do.,  pp.  760,  763;  and  Assembly  Bills,  No.  283. 


[State  of  New  York.] 

Chap.  508. 

Passed  April  19,  1859. 

*  *  *  * 

To  J.  Tarbell  and  S.  D.  Backus,  in  full,  for  services  rendered  and 
expenses  incurred  by  them,  as  Commissioners  to  settle  the  disputed 
boundary  between  this  state  and  Connecticut,  the  sum  of  two  thousand 
one  hundred  and  thirty-five  dollars  and  seventy  cents,  of  which  one 
thousand  two  hundred  and  fifty-three  dollars  are  to  be  paid  to  J.  Tar- 
bell, and  eight  hundred  and  fifty-two  dollars  and  seventy  cents  to  S.  D. 
Backus;  the  same  to  be  paid  only  on  their  giving  a  receipt  in  full, 
releasing  the  state  from  all  claims,  and  on  their  exhibiting  to  the 
comptroller  satisfactory  proof  that  they  have  discharged  all  outstanding 
just  claims  for  moneys  alleged  to  have  been  borrowed  by  them  on 
account  of  said  commission. 

*  *  *  * 
— [N.  Y.  Laws,  1859,  p.  1174. 


[Governor  Buckingham  to  Conn.  Legislature.] 

May  4,  1859. 

*  *  *  * 

A  copy  of  the  resolution  adopted  by  the  last  General  Assembly,  relat- 
ing to  the  boundary  line  between  this  State  and  the  State  of  New  York 
was  transmitted  to  the  Governor  of  that  State,  and,  by  the  present 
executive  made  the  subject  of  a  special  message  to  the  Legislature. 
Commissioners  have  been  appointed,  on  the  part  of  this  State,  to  act, 
jointly,  with  such  as  may  be  appointed  by  the  State  of  New  York;  but 
I  have  not  been  informed  whether  the  Legislature  of  that  State  took 
action  on  the  subject. 

*  *  *  * 
— [Conn.  Sen.  Journal,  1859,  p.  36. 


Boundaries  of  the  State  of  New  York.  459 

[In  Conn.  House  of  Representatives.] 

June  7,  1859. 

*  *  *  * 

Mr.  Armstrong  of  Danbury,  introduced  a  joint  resolution  referring 
so  much  of  the  message  of  his  Excellency,  the  Governor,  as  relates  to 
the  boundary  line  between  this  State  and  the  State  of  New  York,  to 
the  Joint  Select  Committee  on  Federal  relations,  with  instructions  to 
inquire  into  the  matter,  and  report  what  measures,  if  any,  may  be 
adopted  to  secure  the  settlement  of  said  boundary  question,  as  speedily 
as  possible.     Passed. 

*  *  * 

— [Conn.  Souse  Journal,  1859,  p.  265. 


[In  Conn.  Senate.] 

June  15,  1859. 
*  *  *  * 

Mr.  Bird,  from  the  Joint  Select  Committee  on  Federal  Relations,  to 
whom  was  referred  by  a  joint  resolution,  so  much  of  the  message  of 
his  Excellency,  the  Governor,  as  relates  to  the  boundary  line  between 
this  State  and  the  State  of  New  York,  with  instructions  to  inquire  into 
the  matter,  and  report  what  measures,  if  any,  may  be  adopted  to  secure 
the  settlement  of  said  boundary  question,  as  speedily  as  possible,  by 
leave  of  the  Senate,  submitted  the  report  of  the  Committee,  reporting 
that  no  information  had  been  received  by  his  Excellency,  whether  the 
Legislature  of  New  York  took  action  on  the  subject,  and  recommending 
the  passage  of  the  following  resolution: 

"General  Assembly,  ) 

May  Session,  1859.  f 

Whereas,  in  pursuance  of  a  resolution  of  the  last  General  Assembly, 
Commissioners  have  been  appointed  by  the  Governor,  on  the  part  of 
this  State,  to  act  with  such  as  might  be  appointed  by  the  Legislature  of 
the  State  of  New  York,  to  ascertain  and  settle  the  boundary  line 
between  the  States,  and  whereas,  due  notice  has  been  given  to  that 
State  of  the  appointment  of  said  Commissioners,  but  no  information 
received  what  action,  if  any,  has  been  taken  on  the  subject  by  its 
Legislature ;  therefore, 

Resolved  by  this  Assembly, —  That  the  Commissioners  appointed  by 
his  Excellency,  the  Governor,  under  and  by  virtue  of  a  resolution  above 
referred  to,  be,  and  the  same  are  hereby  continued,  with  all  the  powers 
and  duties  defined  by  said  resolution,  and  that  the  Governor  may  be 


460  Copies  of  Documents  Relating  to  the 

empowered  to  fill  any  vacancy  that  may  occur  in  said  Commission. 
And  that  he  be  requested,  in  such  manner  as  he  may  deem  most 
expedient,  to  again  call  the  attention  of  the  Governor  of  the  State  of 
New  York  to  this  matter,  and  on  the  behalf  of  this  State,  request  such 
action  on  the  part  of  the  State  of  New  York,  as  may  promote  the  most 
speedy  settlement  of  the  matters  in  dispute." 

The  question  being  upon  the  passage  of  the  resolution  submitted  by 
the  Committee, 

The  question  "  Shall  the  resolution  pass  ?  "  being  put,  was  decided  in 
the  affirmative. 

So  the  resolution  submitted  by  the  Committee  was  passed,  and, 
on  further  motion,  the  accompanying  report  of  the  Committee  was 
accepted. 

— [Conn.  Sen.  Journal,  1859,  p.  371. 


[In  Conn.  House  of  Representatives.] 

June  16,  1859. 

The  report  of  the  Joint  Select  Committee  on  Federal  Relations,  *  * 
was  received  from  the  Senate,  the  report  of  the  Committee  being 
accepted,  and  the  resolution  being  passed  as  by  the  committee 
recommended. 

The  question  being  upon  the  passage  of  the  resolution  submitted  by 
the  Committee, 

The  question,  "Shall  the  resolution  pass?"  was  put,  and  decided  in 
the  affirmative. 

So  the  resolution  submitted  by  the  Committee  was  passed,  and,  on 
further  motion,  the  House  concurred  with  the  Senate  in  accepting  the 
report  of  the  Committee. 

*  *  *  * 

— [Conn.  Souse  Journal,  1859,  p.  402. 


[Gov.  Morgan  to  N.  Y.  Legislature.] 

January  3,  1860. 
*  *  *  * 

Having  been  officially  informed  by  the  Governor  of  Connecticut  that 
he  had  f  ppointed  a  new  commission  for  the  purpose  of  settling  the 
disputed  boundary  between  that  State  and  our  own,  and  determined  to 
meet  this  action  on  the  part  of  our  sister  State  in  a  proper  spirit,  I 


Boundaries  of  the  State  of  New  York.  461 

appointed  commissioners  on  the  part  of  this  State.1     The  representatives 

of  the   two  States   have   met   and   formed   a   joint   board,    and   have 

examined  the  disputed  territory,  but  after  several  meetings,  have  been 

unable  to  agree  upon  a  basis  for   settlement.     I   still   hope   that   the 

matters  in  dispute  will  be  satisfactorily  adjusted;  but  should  this  not 

be  done,  some  action  on   your  part  may  become  necessary  during  the 

present  session. 

*  *  *  * 

— [JV.  Y.  Sen.  Journal,  1860,  p.  31. 


[In  N.  Y.  Senate.] 

January  18,  1860. 

*  *  *  * 

The  President  presented  a  communication  from  the  Commissioners 
appointed  to  ascertain  the  boundary  line  between  the  States  of  New 
York  and  Connecticut,  transmitting  a  report  of  their  proceedings, 
together  with  the  expenses  incident  thereto,  which  was  read,  laid  on  the 
table  and  ordered  printed. 

*  *  *  # 
— [iV.  Y.  Sen.  Journal,  1860,  p.  84. 


STATE  OF  NEW  YORK. 

No.  31. 

In  Senate,  January  18,  1860. 

Report  op  the  Commissioners  to   ascertain  the  Boundary  Line 
between  New  York  and  Connecticut. 

Albany,  January  18,  1860. 
To  the  Hon.  Robert  Campbell,  President  of  the  Senate : 

Sir. — We,  the  Commissioners  appointed  to  ascertain  the  boundary 
lines  between  the  states  of  New  York  and  Connecticut,  herewith  trans- 
mit to  the  Legislature  a  report  of  our  proceedings,  and  the  expenses,  as 

1  It  appears  from  the  records  in  the  office  of  the  N.  Y.  Secretary  of  State  (Com- 
missions by  the  Governor,  iii,  113,  114,  118),  that  the  following  Commissioners  were 
appointed  by  the  Governor,  Aug.  2,  1 859,  under  the  concurrent  Resolution  of  April 
5,  1856,  viz.  : 

Thomas  B.  Carroll,  of  Troy,  -vice  S.  D.  Backus. 
Isaac  Piatt,  of  Poughkeepsie,  vice  J.  Tarbell. 
Jacob  Vrooman,  of  Schoharie  Co.,  vice  Ben  Field,  resigned. 
Mr.   Carroll  having  declined  to  serve,  Leander  D.  Brown,  of   Schuyler  Lake, 
Otsego  Co. ,  was  appointed  Aug.  26,  1859. — [P. 


462  Copies  of  Documents  Relating  to  tee 

near  as  we  can  ascertain  the  same,  incident  thereto,  so  far  as  we  have 
been  able  to  proceed  with  the  duties  of  said  Commission. 
Respectfully  yours,  &c, 

ISAAC  PLATT, 
JACOB  VROMAN,1 
LEANDER  D.  BROWN. 


The  first  regular  meeting  of  the  Commissioners  of  the  two  states  was 
held  at  Port  Chester,  in  the  county  of  Westchester,  on  the  13th  of 
September,  1859,  at  which  meeting  a  joint  Commission  was  organized 
by  the  election  of  Isaac  Piatt,  of  the  New  York  Commission,  as  chair- 
man, and  J.  R.  Hawley  of  the  Connecticut  Commission,  as  secretary. 

After  this  organization  of  the  joint  Commission,  the  first  subject 
discussed  was  the  manner  in  which  we  should  proceed  to  the  labor 
before  us.  Pending  this  discussion,  Mr.  Brown,  of  the  New  York 
Commission,  presented  a  resolution,  of  which  the  following  is  a  copy, 
to  wit : 

"  Hesolved,  That  we  will  proceed  immediately  to  trace  and  define  the 
boundary  line  between  the  respective  states,  as  fixed  by  the  Commis- 
sioners on  the  part  of  both  in  1731,  in  compliance  with  an  agreement 
previously  made  in  1725,  commencing  at  the  mouth  of  Byram  river,  and 
following  the  line  of  monuments  and  marks  originally  placed  to  mark 
said  boundary,  to  the  monument  in  the  south  line  of  Massachusetts,  at 
the  northwest  corner  of  Connecticut  and  northeast  corner  of  the  Oblong." 

This  was  rejected  by  the  Connecticut  Commissioners,  on  the  ground 
that  they  believed  that  such  a  line  could  not  be  traced  with  any  cer- 
tainty; that  the  monuments  and  marks  were  destroyed,  especially  above 
the  Ridgefield  Angle,  where  the  principally  disputed  line  commenced, 
and  therefore  the  proper  course  would  be  to  run  a  straight  line  from 
that  point  to  the  monument  in  the  Massachusetts  line.  In  reply  to  this, 
we  suggested  that  where  monuments  could  not  be  found  fences  would 
be,  that  had  been  placed  on  the  division  line  of  farms,  as  the  states 
were  originally  divided;  also  that  monument  points,  if  the  monuments 
themselves  had  been  destroyed,  could  be  found  in  many  instances  from 
the  description  of  the  location  for  the  same,  given  in  the  survey  of 
1731,  and  where  they  could  not  be  found  in  that  manner,  tradition 
would,  without  doubt,  fix  their  original  locality.  These  suggestions, 
however,  did  not  seem  to  remove  the  objections  of  the  Connecticut 
Commissioners. 

To  meet  this  difficulty  and  disagreement,  which  seemed  thus  at  the 
outset  to  present  a  formidable  obstacle  to  our  further  proceedings,  it 

Spelled  "  Vrooman  "  in  commission,  and  at  end  of  report.— [P. 


Boundaries  of  the  State  of  New  York.  463 

was  then  urged  and  insisted,  on  our  part,  that  the  proper  course  would 
be  to  proceed  immediately  to  trace  or  search  out  the  line  from  the 
mouth  of  Byram  river  to  the  monument  in  the  Massachusetts  line,  as  it 
was  fixed  by  the  survey  of  1731,  in  compliance  with  the  compact  of 
1725,  by  a  careful  examination  on  the  part  of  the  entire  Commission, 
competent  engineers  being  employed  on  both  sides  to  make  the  requisite 
notes  and  observations  at  the  points  of  most  interest.  To  this,  after 
some  hesitation,  the  Connecticut  Commissioners  gave  their  assent,  but 
added,  at  the  same  time,  that  they  had  no  proposition  to  offer  on  their 
part,  and  could  not  proceed  until  they  had  returned  home  for  further 
instructions.  On  their  motion,  the  board  then  adjourned  to  meet  again 
at  the  same  place  on  the  20th  of  September,  then  instant. 

At  the  time  and  place  above  specified,  in  pursuance  of  the  adjourn- 
ment, the  joint  board  again  met,  accompanied  by  an  engineer  from  each 
state,  having  the  necessary  instruments  for  taking  such  observations  as 
the  service  might  require,  and  proceeded  on  that  day  to  prospect  along 
the  line,  and  take  such  observations  and  measurements,  and  make  such 
notes  as  were  deemed  necessary  over  that  portion  of  the  line  from  the 
mouth  of  Byram  river  to  the  great  stone  at  the  Wading  place. 

When  we  had  proceeded  thus  far  the  Connecticut  Commissioners 
suggested  that  probably  there  would  be  no  dispute  about  that  portion 
of  the  line  between  the  Wading  place  and  the  Ridgefield  Angle  monu- 
ment, and  proposed  that  we  proceed  to  that  place,  and  first  examine  the 
line  from  the  said  Ridgefield  Angle  monument  to  the  Massachusetts 
line. 

Accordingly  we  consented  to  the  proposition,  and  on  the  following 
day  repaired  to  the  monument  which  tradition  says  is  the  Ridgefield 
Angle  monument,  being  the  commencement  of  the  direct  line  running 
from  that  point  to  the  line  of  Massachusetts,  originally  agreed  upon  as 
the  east  line  of  that  portion  of  the  equivalent  tract  lying  north  of  the 
point  opposite  Cortlandt's  Point,  mentioned  in  the  survey  of  1731. 

This  monument  is  obscurely  described  in  the  original  survey  and  we 
found  it  as  poorly  marked  as  any  other,  being  nothing  but  a  small  heap 
of  stones  of  very  modern  appearance,  in  which  is  a  stake,  evidently 
very  recently  placed  there ;  but  this  appeared  by  traditionary  evidence 
to  be  a  well  established  point.  We  therefore  waived  all  dispute  respect- 
ing this  point  for  the  present,  especially  as  the  Connecticut  Commis- 
sioners were  satisfied  with  it,  in  order  that  we  might  apply  the  same 
rule  to  the  ascertaining  of  other  monuments  and  portions  of  the  line, 
resting  upon  like  evidence  as  to  their  identity. 

From  this  point,  following  along  the  dividing  line  of  farms,  as 
designated  by  fences  which  the  owners  on  both  sides  have  always 
recognized  as  the  line  between   the   states,  we  found   the   monument 


464  Coptes  of  Documents  Relating  to  the 

described  in  the  original  survey  as  the  two  mile  monument.  It  answers 
well  to  the  original  description,  but  it  was  found  to  be  five  chains  and 
fifty-eight  links  east  of  a  straight  line  running  from  the  Ridgefield 
Angle  monument  above  to  the  monument  in  the  Massachusetts  line,  as 
per  the  survey  of  Mr.  Wentz,  in  1856. 

Again,  following  the  dividing  line  of  farms,  we  found  the  fourth  mile 
monument  at  Mopo  Brook,  in  all  respects  answering  to  the  original 
description.  It  is  placed  in  a  low  piece  of  ground  that  has  never  been 
ploughed,  and  twenty  and  one-half  rods  east  of  said  brook.  The  brook 
at  that  point  running  along  the  east  side  of  a  high  ridge  of  land,  where 
evidently  its  bed  could  not  have  been  materially  changed  in  centuries. 
It  is  seven  chains  and  twenty-seven  links  east  of  a  straight  line,  and  we 
have  no  doubt  of  its  identity. 

The  six  mile  monument  could  not  be  found,  but  the  boundary  line  to 
the  point  described  for  its  location  in  the  old  survey,  as  designated  by 
the  division  line  fences  of  farms,  acquiesced  in  by  the  occupants  on  each 
side  from  time  immemorial,  and  passing  that  point  to  the  eight  mile 
monument,  was  pointed  out  to  us,  and  without  doubt  these  fences,  com- 
posed of  stone  walls  of  ancient  appearance,  are  on  the  line  established 
in  1731.  This  point  was  found  to  be  ten  chains  and  twenty-six  links 
east  of  a  straight  line. 

The  eight  mile  monument  was  found  and  readily  distinguished  from 
the  description  given  in  the  old  survey.  There  was  no  question  raised 
as  to  its  identity. 

The  ten  mile  monument  was  not  found,  but  evidence  of  the  position 
it  should  occupy  exists,  and  the  line  can  be  traced  by  the  division  line 
fences  of  farms,  bounded  on  each  side  by  the  State  line,  (the  same  as 
from  the  four  to  the  eight  mile  monument)  from  the  eight  mile  monu- 
ment to  the  twelve  mile  monument. 

The  twelve  mile  monument  was  found  designated  by  a  stone  set  up  in 
a  wall  at  the  point  where  it  was  originally  placed,  the  wall  being  built 
over  the  original  monument,  and  the  stone  in  the  wall  placed  over  that 
point. 

The  fourteen,  sixteen,  eighteen  and  twenty  mile  monuments  were  all 
found,  and  readily  identified,  fully  answering  their  description  in  the 
original  survey.  No  question  was,  nor  could  any  be  raised  as  to  their 
identity,  and  the  division  line  fences  of  farms  as  usual  run  over  these 
several  points. 

The  twenty -two,  twenty-four  and  twenty-six  mile  monuments  could  not 
be  found.  They  are  very  indefinitely  described  in  the  old  survey,  but 
from  the  twenty  mile  monument  to  the  twenty-eight  mile  monument, 
the  line  is  designated  by  the  division  line  fences  as  before,  and  we 
readily  ascertained  the  point  in  the  line  of  said  fence,  where  the  twenty- 


Boundaries  of  the  State  of  New  York.  465 

six  mile  monument  was  located,  by  measurement,  on  a  perpendicular 
from  the  east  bank  of  Ten  Mile  river. 

We  found  the  twenty-eight  mile  monument.  Its  locality  as  per  the 
description  given  in  the  old  survey  and  its  ancient  appearance,  inde- 
pendent of  conclusive  traditionary  evidence,  rendered  its  identity  certain. 

The  thirty,  thirty-three  and  thirty-five  mile  monuments  were  each 
found,  fully  answering  in  appearance  and  locality  to  their  description  as 
given  in  the  old  survey.  The  division  line  fences  of  farms,  also  run 
over  all  these  points. 

The  thirty-seven  and  forty  mile  monuments  were  not  found.  The 
point  designated  in  the  old  survey  for  the  latter,  however,  could  be 
readily  ascertained  by  a  measurement  easterly  from  the  Ten  Mile  rivei*, 
and  also  tradition  points  out  the  spot  it  once  occupied.  We  took 
observations  and  measurements  and  found  the  point  in  the  line  desig- 
nated by  fences  on  the  recognized  State  line. 

The  forty-two  mile  monument  point,  or  locality,  we  found  to  be  more 
easily  established  by  calculation  and  measurement  than  any  other  on 
the  whole  line,  owing  to  the  peculiar  locality  in  which  it  was  placed, 
and  although  the  monument  itself  does  not  exist,  by  making  a  measure- 
ment of  the  distance  from  Ten  Mile  river,  easterly  from  its  bank  where 
it  runs  southerly,  to  a  point  on  the  high  bank  of  the  same  where  it  runs 
easterly,  the  exact  spot  the  monument  once  occupied  was  readily  found. 

The  forty-four  mile  monument  was  found,  and  by  measurement  on  a 
perpendicular  from  the  shore  of  Indian  pond  to  the  same,  we  found  the 
distance  to  correspond  so  nearly  with  that  specified  in  the  old  descrip- 
tion, we  were  satisfied  with  its  identity. 

The  forty-seven  mile  monument  could  not  be  found.  Tradition,  how- 
ever, marks  the  spot  in  a  stone  wall  on  the  division  line  of  farms,  and 
the  recognized  State  line,  that  it  once  occupied,  and  from  the  facts  we 
could  obtain  by  evidence  traced  directly  back  to  the  period  of  the  sur- 
vey, together  with  its  locality  as  compared  with  the  old  description,  we 
could  have  no  doubt  of  its  being  correctly  marked.  This  point  is 
thirty-six  rods  east  of  a  straight  line. 

The  monument  in  the  Massachusetts  line  was  found  in  a  hollow 
between  two  mountains,  but  not  fully  answering  the  description.  We 
think,  however,  that  it  is  the  one  designated  in  the  old  survey. 

We  might  add  that  the  forty-four  mile  monument  is  the  established 
corner  of  the  towns  of  Salisbury  and  Sharon;  the  thirty-five  mile  monu- 
ment as  the  corner  of  the  towns  of  Sharon  and  Kent;  and  the  twenty- 
eight  mile  monument  as  the  corner  of  the  Housatonic  Indian  reservation, 
all  in  the  State  of  Connecticut. 

This  labor  of  exploring  the  line  was  completed  on  the  4th  of  October, 
and  thus  it  was  found  that  the  line  could  be  traced  and  defined  with 
30 


466  Copies  of  Documents  Relating  to  the 

such  ease  and  certainty  that  all  grounds  for  doubt  as  to  its  locality 
were  removed.  We  proposed  further  to  test  the  location  of  the  monu- 
ment in  the  Massachusetts  line,  by  measurement  to  it  from  the  north- 
west corner  of  the  Oblong,  but  as  the  Connecticut  Commissioners 
objected  to  this  on  account  of  the  labor,  the  difficulty  of  measuring 
over  the  Taghkanic  mountains,  and  the  time  it  would  consume,  we 
waived  that  point  for  the  time,  feeling  that  whether  such  monument  was 
at  the  right  place  or  not,  its  position  could  not  now  be  changed. 

The  cause  of  the  above  monuments  not  being  in  a  direct  or  straight 
line,  can  readily  be  perceived  from  a  perusal  of  the  agreements  of  1 725 
and  basis  of  the  survey  taken,  together  with  a  view  of  the  country 
through  which  the  line  passes;  it  is  because  of  the  inequalities  of  the 
surface  over  which  the  perpendiculars  were  measured  from  the  west  line 
of  the  Oblong,  the  locality  of  some  of  said  perpendiculars  running  over 
high  and  almost  inaccessible  mountains,  and  others  over  a  plain  level 
surface.  And  also,  probably,  they  do  not  in  all  cases  describe  a  straight 
line  at  right  angles  with  said  west  line  of  the  Oblong,  for  the  reason 
that  a  compass  was  the  only  instrument  used  in  the  survey,  and  our 
experience  demonstrates  that  it  is  difficult,  if  not  impossible,  to  run  a 
straight  line  with  that  instrument  in  their  localities,  in  consequence  of 
the  mineral  deposits,  principally  of  iron,  extending  through  that  whole 
region  of  country. 

The  labor  of  exploring  the  line  being  completed  thus  far,  and  no  ques- 
tion having  been  raised  by  the  Connecticut  Commissioners  as  to  the 
correctness  of  the  evidence  we  had  obtained  with  reference  to  the  monu- 
ments, and  the  points  designating  their  locality,  we  then  hoped  to 
immediately  enter  upon  the  duties  of  a  survey. 

For  the  purpose  of  agreeing  upon  a  basis  for  such  survey,  and  the 
Commissioners  of  both  States  deeming  it  inexpedient  to  commence  the 
same  unless  an  agreement  establishing  its  basis  over  that  portion  of  the 
line  thus  explored  and  examined  was  first  agreed  upon,  the  joint  Com- 
mission held  a  meeting  at  Lakeville,  in  the  State  of  Connecticut,  on  the 
fifth  of  October,  then  inst.,  at  which  meeting  we  immediately  proposed 
that  a  survey  of  the  line  as  ascertained  should  be  commenced  as  soon  as 
the  necessary  help  could  be  obtained  for  such  purpose.  The  Connecti- 
cut Commissioners,  after  consulting  together,  announced  that  they  had 
no  proposition  to  offer  on  their  part.  Mr.  Vroman  of  the  New-York 
Commission,  then  presented  the  following  resolution,  to  wit: 

Resolved,  By  the  joint  Commission,  that  we  will  survey  the  boundary 
line  between  the  States  of  New  York  and  Connecticut,  by  commencing 
at  the  monument  in  the  Massachusetts  line,  and  run  thence  to  the  forty- 
seven  mile  monument  point,  as  pointed  out  by  Mr.  Wm.  Kelsey,  from 
thence  to  the  forty-four  mile  monument  at  Indian  Pond,  from  thence  to 


Boundaries  of  the  State  of  New  York.  4(37 

the  forty-two  mile  monument  on  the  north  side  of  Ten  Mile  river,  from 
thence  to  the  forty  mile  monument  point  in  the  traditionary  line  near 
the  house  of  George  Wheeler,  from  thence  to  a  point  in  the  traditionary 
line  designated  for  the  thirty-seven  mile  monument;  from  thence  to  the 
thirty-five  mile  monument;  thence  to  the  thirty-three  mile  monument; 
thence  to  the  thirty  mile  monument;  thence  to  the  twenty -eight  mile 
monument;  thence  to  a  point  in  the  traditionary  line  where  the  measure- 
ment was  at  right  angles  from  Ten  Mile  river,  on  the  perpendicular  line 
designated  as  the  place  for  the  twenty-six  mile  monument;  from  thence 
to  a  point  in  the  traditionary  line  designated  as  the  place  for  the  twenty- 
four  mile  monument;  from  thence  to  a  point  in  the  traditionary  line 
designated  as  the  place  for  the  twenty-two  mile  monument;  from  thence 
to  the  twenty  mile  monument;  from  thence  to  the  eighteen  mile  monu- 
ment; from  thence  to  the  sixteen  mile  monument  on  Cranberry 
mountain;  from  thence  to  the  fourteen  mile  monument,  as  pointed  out 
by  the  inhabitants  living  in  the  vicinity  on  each  side  of  the  line;  from 
thence  to  the  twelve  mile  monument;  from  thence  to  a  point  in  the 
traditionary  line  designated  as  the  locality  for  the  ten  mile  monument; 
from  thence  to  the  eight  mile  monument;  from  thence  to  a  point  in  the 
traditionary  line  at  the  place  designated  as  the  locality  for  the  six  mile 
monument;  from  thence  to  the  four  mile  monument  at  Mopo  Brook; 
from  thence  to  the  two  mile  monument,  and  from  thence  to  the  Ridge- 
field  Angle  monument. 

To  this  the  Connecticut  Commissioners  immediately  objected,  yet 
raising  no  question  as  to  the  evidences  of  the  line  we  had  traced,  and 
insisted  that  we  should  run  a  straight  line  from  the  monument  in  Massa- 
chusetts line  to  the  Ridgefield  Angle  monument,  disregarding  all  the 
intermediate  monuments. 

Supposing  that  the  above  resolution  might  be  too  rigid  in  its  phrase- 
ology, and  that,  perhaps,  a  modification  might  render  the  proposition 
more  acceptable,  Mr.  Piatt,  of  the  New  York  Commissioners,  offered 
the  following  as  a  substitute : 

"  The  members  of  the  joint  Commission  on  the  part  of  the  States  of 
New  York  and  Connecticut,  having  examined  for  the  purpose  of  ascer- 
taining the  position  of  the  boundary  line  between  their  respective 
States,  as  located  by  the  Commissioners  of  1731,  hereby  agree  to  employ 
engineers  for  running  said  line  in  the  manner  following : 

"  Commencing  at  the  monument  in  the  south  line  of  Massachusetts, 
at  the  northwest  corner  of  Connecticut,  as  heretofore  fixed,  and  running 
thence  southerly,  following  the  line  of  monuments  originally  placed  to 
mark  and  designate  the  actual  line  between  the  States,  where  such 
monuments  have  been  found,  and  where  they  are  wanting  the  fences  at 
the  points  they  formerly  occupied,  as  correctly  as  can  be  ascertained, 


468  Copies  of  Documents  Relating  to  the 

to  the  Ridgefield  Angle,  and  from  that  point  following  the  settled  line 
in  like  manner  to  the  mouth  of  By  ram  river." 

This  was  also  immediately  rejected  by  the  Connecticut  Commissioners, 
on  the  ground,  as  they  declared,  that  it  was  in  effect  the  same  thing  as 
the  resolution  of  Mr.  Vroman,  although  in  less  objectionable  terms. 

As  a  further  effoi't  to  remove  objections  and  secure  an  agreement, 
Mr.  Piatt  offered  the  following  in  addition  to  the  above,  to  wit  : 

"That  in  case  said  survey  of  the  original  or  traditionary  line  shall 
not  prove  mutually  satisfactory,  such  further  steps  shall  then  be  taken 
as  shall  be  considered  requisite  for  the  purpose  of  ascertaining  more 
definitely  the  true  boundary  between  the  States,  with  a  view  to  its  final 
and  correct  settlement." 

But  this  effort  at  conciliation  met  with  no  better  reception  than  the 
former  proposition,  and  a  straight  line  was  again  insisted  upon  by  the 
Connecticut  Commissioners. 

A  long  discussion  was  had  ;  the  Connecticut  Commissioners  offering 
no  proposition  on  their  part,  and  finally  after  it  conclusively  appeared 
that  no  terms  could  be  fixed  upon  at  that  time,  at  the  request  of  the 
Connecticut  Commissioners  we  consented  to  an  adjournment  on  their 
motion,  to  meet  again  at  North  Salem,  on  the  twelfth  day  of  October 
then  instant. 

When  we  reached  the  above  place,  pursuant  to  adjournment,  the 
Connecticut  Commissioners  did  not  appear,  and  we  heard  nothing  from 
them  until  a  late  hour  in  the  evening,  when  we  learned  they  had  reached 
Ridgefield,  Connecticut,  at  12  M.  of  that  day,  and  there  stopped, 
although  but  four  miles  distant.  They  sent  us  notice,  however,  that 
they  would  meet  us  at  the  Ridgefield  Angle  on  the  following  morning. 

We  met  them  accordingly,  at  the  hour  appointed,  they  being  fully 
prepared  with  an  engineer,  transit,  chain,  flag,  &c,  as  if  ready  to  pro- 
ceed immediately  to  the  business  of  the  survey. 

After  testing  by  mutual  agreement  the  position  of  a  traditionary 
point  designated  as  the  original  Ridgefield  Angle,  fixed  at  twenty  miles 
from  Cortlandt's  point,  on  the  Hudson  river,  according  to  the  old  survey 
of  1731,  we  next  proceeded  to  measure  across  the  Oblong  to  the  pres- 
ent angle  monument,  and  found  the  distance  to  agree  with  the  original 
survey  so  nearly  that  the  difference  was  only  nineteen  links. 

The  labors  of  this  examination  being  completed,  another  effort  was 
made  on  the  evening  of  the  same  day  to  agree  on  the  basis  of  a  survey 
of  the  entire  line. 

As  usual  the  first  call  was  upon  us  for  propositions,  when  Mr.  Brown, 
of  the  New  York  Commission,  presented  the  following,  to  wit : 

"Commence  at  the  monument  in  the  Massachusetts  line  and  run  from 
thence  to  the  forty -four  mile  monument;  thence  to  the  point  designated 


Boundaries  of  the  State  of  New  York.  469 

as  the  location  of  a  monument  on  the  high  bank  north  of  Ten  Mile 
river;  thence  to  the  end  of  the  line  fence  in  the  traditionary  line  at  the 
north  end  of  the  village  of  Hitchcock's  Corners;  thence  through  the 
centre  of  the  main  street  to  a  point  in  said  centre  in  front  of  the  store 
at  the  south  end  of  said  village  ;  thence  to  a  point  in  the  traditionary 
line  on  the  southerly  side  of  the  highway  leading  southeasterly  from 
said  village;  thence  to  the  thirty -five  mile  monument;  thence  to  the 
thirty  mile  monument;  thence  to  the  twenty-eight  mile  monument; 
thence  to  the  twenty  mile  monument;  thence  to  the  eighteen  mile 
monument  ;  thence  to  the  sixteen  mile  monument ;  thence  to  the  four- 
teen mile  monument;  thence  to  the  eight  mile  monument;  thence  to  the 
four  mile  monument;  thence  to  the  Ridgefield  angle  monument,  running 
straight  lines  from  point  to  point." 

The  object  of  this  proposition  on  our  part  was  to  offer  as  much  of  a 
compromise  as  the  circumstances  of  the  case  would  permit,  acting 
within  the  scope  of  our  powers,  by  omitting  all  points  in  the  line 
respecting  which  there  could  be  any  doubts,  and  making  it  as  straight 
as  possible. 

The  object  of  the  deviation  at  Hitchcock's  Corners  was  to  leave  the 
main  street,  heretofore  regarded  as  the  dividing  line,  a  highway  or 
thoroughfare  for  the  use  of  the  people  of  each  state,  to  promote  geneihl 
convenience.  But  this  was  rejected  as  promptly  as  the  propositions  that 
had  preceded  it;  when  Mr.  Piatt,  of  New  York  Commission,  renewed 
his  proposition  made  at  Lakeville,  slightly  modified,  and  in  the  follow- 
ing form,  to  wit : 

"  The  members  of  the  joint  commission  on  the  part  of  the  states  of 
New  York  and  Connecticut,  having  examined  for  the  purpose  of  ascer- 
taining the  true  position  of  the  boundary  line  between  their  respective 
states,  and  mutually  agreeing  that  it  is  their  duty  to  define  and  fix  said 
line  in  conformity  with  the  original  agreement  of  the  contracting 
parties,  hereby  consent  to  employ  engineers  to  run  said  line  in  the 
manner  following,  to  wit: 

"  Commencing  at  the  monument  in  the  south  line  of  Massachusetts 
and  at  the  northwest  corner  of  Connecticut,  and  running  thence  south- 
erly, following  the  actual  dividing  line  between  the  respective  states  as 
heretofore  fixed  and  assented  to  by  the  parties  interested  on  both  sides, 
to  the  Ridgefield  angle,  and  thence  in  a  line  designated  in  like  manner 
to  the  mouth  of  Byram  river. 

In  case  such  survey  and  the  facts  and  results  ascertained  in  making 
it,  shall  not  prove  mutually  satisfactory,  then  such  further  steps  shall 
be  taken  as  shall  be  required  by  either  party  for  the  further  ascertaining, 
locating  and  defining  said  line  in  conformity  with  the  original  intention 
of  the  States  concerned." 


470  Copies  of  Documents  Relating  to  the 

It  will  be  perceived  that  this  was  going  as  far  as  concession  could  be 
carried,  but  notwithstanding  this,  with  the  concluding  stipulation  that 
if  the  survey  and  its  results  were  not  satisfactory  we  would  take  such 
further  steps  as  might  be  required  to  render  them  so,  this  fair  and  con- 
ciliatory proposition  was  immediately  rejected  by  the  Connecticut  Com- 
missioners, and  followed  by  a  renewal,  on  their  part,  of  the  proposition 
to  run  a  straight  or  new  line,  and  that  only,  from  the  monument  in 
Massachusetts  line  to  the  Ridgefield  angle,  disregarding  all  intermediate 
monuments  and  points. 

Here  for  the  first  time,  as  an  argument  in  favor  of  a  straight  line  and 
no  other,  the  Connecticut  Commissioners  set  up  the  plea  that  New  York 
had  received  some  three  thousand  acres  too  much  by  the  survey  and 
settlement  of  1731. 

To  this  we  replied,  th,at,  whether  the  Oblong  originally  set  off  by 
Connecticut  contained  too  much  or  too  littlfi  was  a  question  that  could 
not  be  entertained  at  this  day,  as  the  whole  had  been  settled  by  the 
respective  states  when  colonies,  and  the  conveyance  formally  made  at 
the  date  above  mentioned,  and  confirmed  by  a  royal  ordinance,  as  the 
papers  before  us  would  show  that  the  indenture  then  made  expressly 
stipulated,  on  the  part  of  the  Connecticut  Commissioners,  that  the 
eastern  boundary  of  the  Oblong  or  equivalent  lands,  should  be  fixed,  to 
use  their  own  language,  as  the  said  lines  run  through  the  several  monu- 
ments erected,  over  the  entire  line;  and  that  further,  in  the  same  inden- 
ture, or  conveyance,  it  was  also  stipulated  on  the  part  of  the  commis- 
sioners of  both  sides,  to  quote  the  words  of  the  indenture,  that  the 
boundary  should  be  defined  and  fixed  "  as  the  lines  through  the  several 
monuments  above  mentioned,  to  have  been  erected  by  the  said  Commis- 
sioners on  the  east  side  of  said  additional  lands,  to  be  and  remain  from 
henceforth  the  lines  of  partition  and  division  between  the  province  of 
New  York  and  the  colony  of  Connecticut,  forever."  That  the  effort  to 
change  at  this  day  a  conveyance  or  line  that  had  been  thus  established, 
and  confirmed  by  general  assent  for  one  hundred  and  twenty-eight 
years,  would  not  be  sanctioned  by  any  court;  also  that  the  powers  of 
the  commissioners  of  each  State  were  simply  to  ascertain  the  line.  This 
duty  had  been  performed,  so  far  as  the  disputed  portion  of  the  line  was 
concerned,  and  any  proposition  to  establish  a  new  line  could  not,  there- 
fore, be  entertained  for  a  moment. 

The  discussion  of  this  proposition  being  thus  terminated,  the  Con- 
necticut Commissioners,  after  consultation  among  themselves,  finally 
proposed  to  deviate  so  far  from  a  straight  line  only  as  to  run  through 
the  main  street  of  the  village  of  Hitchcock's  Corners,  leaving  all  west  of 
that  street  in  New  York,  as  at  present. 

This  slight  movement  for  a  concession  extending  over  a  distance  of 


Boundaries  of  the  State  of  New  York.  471 

less  than  half  a  mile,  we  did  not  regard  of  sufficient  consequence  to 
need  any  discussion  further  than  courtesy  demanded. 

As  a  final  effort,  or  experiment,  to  see  if  the  Connecticut  Commis- 
sioners would  accept  any  fair  proposition  we  might  make,  Mr.  Piatt,  on 
behalf  of  the  New  York  Commission,  presented  the  following  resolu. 
tion,  we  hoping  that,  perhaps  by  omitting  all  details  of  the  plan,  and 
making  the  terms  entirely  general,  an  arrangement  might  be  effected. 

"Resolved,  By  the  joint  Commission,  that  we  agree  to  employ  engin- 
eers to  run  and  correctly  define  the  true  boundary  line  between  our 
respective  states  under  our  direction." 

But  this,  like  all  of  our  other  propositions,  was  immediately  rejected 
by  them. 

Here  we  conceived  that  our  powers  of  conciliation  were  exhausted, 
and  after  all  discussion  on  our  part  had  ceased,  the  Connecticut  Com- 
missioners finally  offered,  as  if  nothing  had  ever  been  done  with  refer- 
ence to  this  subject,  a  proposition  to  run  the  original  west  line  of  the 
Oblong  again,  from  the  point  twenty  miles  east  of  Courtlandt's  point 
on  the  Hudson's  river,  to  a  point  on  the  Massachusetts  line  twenty  miles 
from  the  said  Hudson's  river,  and  set  off  61,440  acres  to  New  York,  in 
other  words  to  do  over  again  the  work  of  1731. 

What  object  they  had  in  making  such  an  offer  we  could  not  readily 
understand,  especially  as  we  were  not  disposed  to  accuse  them  of  trifling 
with  so  grave  a  subject. 

This  last  proposition  of  the  Connecticut  Commissioners  was  rejected 
by  us  on  the  same  grounds  before  specified,  to  the  other  propositions 
offered  by  them,  and  the  joint  Commission  here  adjourned  to  meet  again 
at  such  time  as  should  thereafter  be  fixed  upon  by  the  chairman  of  the 
respective  Commissions. 

After  such  adjournment,  we,  the  New  York  Commissioners,  repaired 
on  the  following  day  to  Boston  Corner,  for  the  purpose  of  testing  the 
position  of  the  monument  in  the  Massachusetts  line  at  the  northeast 
corner  of  the  Oblong,  and  after  the  most  severe  labor  in  crossing  the 
Taghkanic  mountains,  the  most  careful  observations  had  been  taken 
by  our  engineer,  Mr.  Dewey,  and  the  requisite  measurements  made,  both 
on  the  mountains  and  at  the  northwest  corner  of  the  Oblong,  the  dis- 
tance was  found  to  be  nineteen  rods  short  of  that  required,  or  that  the 
monument  should  be  at  least  nineteen  rods  east  of  its  present  locality. 
The  difference  in  the  distance  as  calculated  by  our  engineer,  and  that 
made  by  Mr.  Hogeboom  in  the  survey  of  Boston  Corner  in  1853,  when  the 
same  line  was  measured  by  both  triangulation  and  chaining,  was  found  to 
be  but  one  rod  and  three  links.  It  will  thus  be  seen  that  to  consent  to 
run  a  straight  line  from  such  a  point  south  to  the  Ridgefield  angle  monu- 
ment, would  be  to  wholly  disregard  the  rights  and  interests  of  our  State. 


472  Copies  of  Documents  Relating  to  the 

Our  joint  labors  had  here  apparently  closed,  but  after  a  coi-respond- 
ence  with  the  chairman  of  the  Connecticut  Commission,  another  meet- 
ing of  the  joint  Commission  was  finally  appointed  and  bad  at  Pittsfield, 
Massachusetts,  on  the  25th  day  of  October.  At  such  meeting,  after  an 
informal  discussion  of  some  length,  Mr.  Brown,  of  the  New  York  Com- 
mission, renewed  on  our  part  the  proposition  made  by  him  at  North 
Salem,  on  the  13th  of  October,  a  copy  of  which  is  heretofore  herein 
given,  adding  thereto  the  words: 

"And  from  the  Ridgefield  angle  monument  along  the  traditionary 
line  to  the  mouth  of  Byram  river." 

The  Connecticut  Commissioners  again  rejected  this  proposition,  and 
offered  in  writing  upon  their  part,  the  following: 

Resolved,  That  we  will  first  test  the  breadth  of  the  Oblong  at  the 
angle  bounds  at  the  Massachusetts  line,  at  the  Ridgefield  angle  and  at 
the  Wilton  angle.  If  it  shall  be  found  that  the  present  recognized 
bounds  at  said  angles  do  not  give  to  New  York  the  area  called  for  by 
the  agreement  of  1725,  to  be  measured  with  the  allowance  provided  for 
in  such  agreement  of  twenty-five  rods  per  mile,  then  we  agree  that  either 
of  safd  angle  bounds  may  be  carried  so  far  east  as  to  make  it  sure  to 
conform  to  said  agreement.  Then  said  angle  bounds  shall  be  connected 
in  straight  lines  for  the  boundary  line  between  the  States,  with  the 
following  exception: 

The  village  of  Hitchcock's  Corners  having  grown  up  under  the 
impression  that  the  true  boundary  line  ran  through  its  principal  street, 
we  agree  at  this  point  to  vary  said  straight  line  by  beginning  at  the 
north  end  of  the  said  principal  street,  and  in  the  centre  of  the  same, 
and  run  a  line  southerly  through  the  centre  of  the  said  street,  and  so  on 
in  a  direct  course  until  it  shall  intersect  the  said  straight  line,  and  also 
running  northerly  from  the  said  starting  point,  and  at  the  same  angle 
until  it  shall  intersect  the  said  straight  line  in  the  same  manner  above 
as  below  the  said  angle.  It  being  understood  and  agreed  that  said 
straight  line  shall  be  so  run  as  to  give  to  New  York  an  area,  besides 
that  given  by  the  said  departure  at  Hitchcock's  Corners,  of  full  61,440 
acres,  as  called  for  by  the  agreement  of  1725  and  survey  of  1731,  in 
furtherance  thereof  and  measured  according  to  the  said  agreement 
of  1725. 

That  as  to  the  remainder  of  the  boundary,  straight  lines  shall  be  run 
between  the  present  recognized  angle  bounds  until  arriving  at  the  centre 
of  Byram  river,  in  the  direction  of  the  great  stone  at  the  old  Wading 
Place,  and  thence  the  boundary  line  shall  proceed  in  the  centre  of  said 
river  to  the  Sound.  And  when  so  run  we  will  recommend  the  abov6 
lines  to  our  respective  States,  to  be  established  by  them  as  the  boundary 
between  them,  and  in  connection  therewith,  will  also  recommend  to  our 


Boundaries  of  the  State  of  New  York.  473 

respective  Legislatures  to  pass  such  special  acts  as  shall  guaranty  to 
present  owners  all  real  estate,  rights  and  titles  that  may  be  affected 
thereby,  to  the  full  extent  and  enjoyment  in  which  they  are  now  legally 
held. 

The  New  York  Commissioners  rejected  this  proposition  on  grounds 
stated  in  writing  as  follows  : 

First,  It  proposes  to  establish  an  entire  new  line  instead  of  ascertain- 
ing the  line  between  the  States. 

Second,  The  pi-oposition  is  not  fair  on  its  face,  in  not  offering  to 
reduce  the  area  of  the  lands  received  by  Connecticut  of  New  York  on 
Long  Island  Sound,  to  the  number  of  acres  offered  New  York  in  the 
proposition. 

Third,  It  would  exceed  the  powers  of  the  Commissioners  and  of  the 
States  to  establish  such  new  line. 

It  is  perhaps  proper  to  state  that  in  discussing  these  propositions  we 
met  the  novel  arguments  of  the  Connecticut  Commissioners  in  favor  of 
theirs,  by  observing  that  if  any  of  the  original  surveys  were  to  be 
revised  at  this  day,  and  former  errors  corrected,  it  would  of  necessity 
be  the  duty  of  the  Commission  to  extend  such  revision  to  all  such  sur- 
veys, to  that  of  the  tract  ceded  by  New  York  to  Connecticut  on  the 
Sound,  as  well  as  that  of  Connecticut  to  New  York  in  the  Oblong;  that 
if  New  York  should  give  back  what  she  had  received  in  excess  in  the 
original  cession,  Connecticut  should  also  in  like  manner  give  back  the 
excess  she  had  received  from  New  York,  and  a  new  line  be  run  and 
established  south  of  the  Ridgefield  Angle  as  well  as  north  of  it;  we 
claiming  what  plainly  and  conclusively  appears  by  the  surveys  of  1684, 
1725  and  1*731,  and  the  royal  ordinances  confirming  the  same,  that  Con- 
necticut had  received  from  New  York,  instead  of  61,440  acres,  an  area 
of  about  73,000  acres,  thus  making  an  excess  in  favor  of  Connecticut  of 
about  5,000  acres,  if  such  proposition  should  be  entertained. 

Our  arguments  did  not  appear  to  have  been  anticipated  by  the  Con- 
necticut Commissioners,  and  placed  them  in  an  embarrassing  position, 
but  notwithstanding  these  conclusive  objections  to  their  proposition,  it 
was  still  insisted  by  them  that  the  old  surveyors  intended  to  describe  a 
straight  line  between  the  angle  monuments  and  had  made  a  mistake, 
which  should  be  corrected,  and  they  totally  refused  to  modify  their 
proposition  or  accede  to  any  other. 

Finally,  after  having  spent  the  entire  afternoon  and  evening  until  a 
very  late  hour,  in  discussion,  the  Commission  again  adjourned  without 
having  reached  any  conclusion,  and  have  not  had  any  subsequent  meet- 
ing, although  some  correspondence  has  been  since  had,  which  was 
opened  by  the  Connecticut  Commission,  but  no  new  proposition  has  been 
made. 


474  Copies  of  Documents  Relating  to  the 

We  would  here  observe  that  all  our  intercourse  with  the  Connecticut 
Commissioners  has  been  of  the  most  friendly  nature,  without  the 
exhibition  of  any  ill  feeling  on  the  part  of  either  Commission  towards 
the  other,  or  any  violation  of  the  strictest  courtesy. 

The  objection  to  running  a  straight  or  new  line  to  divide  the  States 
north  of  the  Ridgefield  Angle,  and  the  principal  reasons  why  New  York 
cannot  consent  to  adopt  the  same,  may  be  briefly  summed  up  thus  : 

First.  An  indenture  was  executed  by  the  Commissioners  on  the  part 
of  both  States  in  1731,  (then  the  colony  of  Connecticut  and  province  of 
New  York,)  in  which  the  Connecticut  Commissioners  on  their  part 
formally  transferred  to  New  York,  in  conformity  with  a  previous 
agreement  made  in  1683,  all  the  lands  in  the  Oblong,  and  all  agreed 
upon  the  east  line  of  said  Oblong  by  them  defined  and  marked,  as  the 
boundary  between  the  respective  States,  and  this  line  was  defined  as  a 
line  running  through  the  several  monuments  set  up  by  said  Commis- 
sioners, and  acquiesced  in  by  the  States,  and  subsequently  sanctioned  and 
confirmed  by  a  royal  ordinance  of  King  George  the  Second,  thus  giving 
to  the  transfer  all  the  force  of  law  as  well  as  of  contract. 

Second.  The  monument  in  the  Massachusetts  line,  occupying  a  posi- 
tion too  far  west  to.  give  the  proper  width  at  the  north  end  of  the 
Oblong,  is  not  a  proper  starting  point  for  a  line  further  than  to  the  first 
monument  point  south  of  it.  The  straight  line  run  from  it  in  1856  by 
Mr.  Wentz,  as  well  as  our  observations  made,  showing  that  it  would 
cut  off  for  the  entire  distance  of  over  fifty-three  miles,  an  average  width 
from  this  State  of  twenty-eight  rods,  or  about  two  thousand  eight  hun- 
dred acres. 

Third.  The  change  would  cause  great  and  needless  inconvenience  to 
the  people  changing  many  residences  from  this  State  to  Connecticut? 
subjecting  them  to  taxation  in  both  States,  by  placing  farms  bounded 
on  the  present  State  line  partly  in  each,  requiring  double  conveyances 
in  case  of  sales,  and  like  additional  labor,  and  the  expense  incident 
thereto,  in  the  settlement  of  estates. 

Fourth.  The  line  having  been  sanctioned  on  both  sides  for  over  one 
hundred  and  twenty-eight  years,  has  become  fixed  and  permanent,  the 
people  on  both  sides  along  the  line  being  satisfied,  and  alike  opposed  to 
any  change,  and  although  not  perfectly  straight,  is  so  nearly  so  that  nc 
public  interest  in  either  State  would  be  promoted  by  changing  it  at  this 
day,  if  the  same  were  practicable. 

Fifth.  The  Commissioners  have  no  power  whatever  to  make  a  straight 
or  new  line,  having  been  appointed  only  for  the  purpose  of  ascertaining 
and  marking  the  position  of  the  old  line,  as  per  the  proceedings  of  the 
Legislatures  of  the  respective  States  defining  their  powers  and  duties. 

Sixth.  Either  of   the  new  lines  proposed  would  be  unjust  to  New 


Boundaries  of  the  State  of  New  York.  475 

York,  in  taking  from  her  and  giving  to  Connecticut  territory  beyond 
the  ancient  boundary  line,  easily  traced  and  ascertained,  as  before  stated, 
while  there  is  included  in  the  equivalent  tract,  by  the  present  boundary, 
at  least  three  thousand  acres  less  than  Connecticut  received  from  New 
York.  The  original  intention  of  the  States  being  that  the  number  of 
acres  ceded  to  each  should  be  equal. 

Seventh.  It  would  exceed  the  powers  of  the  States  to  establish  the 
straight  or  new  line  proposed,  for  the  reason  that  it  would  be  ceding 
territory  by  one  State  to  another  by  the  action  of  the  States  themselves. 

On  examining  into  the  history  of  this  subject,  we  find  that  it  has 
commanded  more  or  less  attention  from  the  year  1664  to  the  present 
time.  An  effort  was  first  made  at  the  above-mentioned  date,  between 
commissioners  on  the  part  of  the  Duke  of  York,  and  delegates  from  the 
Colony  of  Connecticut,  to  settle  it,  and  an  arrangement  effected,  but  it 
was  soon  found  that  this,  being  very  erroneous  in  its  details  and  pro- 
visions, was  not  sufficient,  and  as  settlements  by  people  from  Connecti- 
cut progressed  rapidly  along  the  Sound,  and  they  wished  to  remain 
under  the  government  of  that  Colony,  conflicting  questions  of  jurisdic- 
tion constantly  arose,  and  the  agreement  of  1664  was  not  carried  fully 
into  effect. 

To  settle  these  controversies,  another  and  new  agreement  was  made  in 
1683,  in  which  it  was  stipulated  that  a  territory  or  district  on  the  Sound, 
the  bounds  being  described  in  such  agreement,  and  to  contain  61,440 
acres,  should  be  permanently  set  off  to  Connecticut  from  New  York,  on 
condition  that  she  in  turn  should  set  off  and  convey  to  New  York  a 
tract  of  like  extent,  to  extend  in  equal  width  from  the  northeast  corner 
of  the  tract  thus  set  off,  to  the  south  line  of  Massachusetts. 

This  agreement  of  1683  was  sanctioned  by  Royal  ordinance  of  Wil- 
liam the  Third,  and  carried  into  effect  in  1684,  so  far  that  the  tract  on 
the  Sound  was  surveyed,  the  lines  marked,  and  Connecticut  received  her 
share  of  the  benefits,  which  she  has  held  undisturbed  until  this  day. 

The  next  question  was,  how  was  New  York  to  obtain  her  equivalent 
to  which  she  was  entitled  in  the  exchange,  and  here,  in  such  an  appa- 
rently simple  transaction,  the  contract  on  her  part  being  already  fulfilled, 
the  negotiations  were  prolonged  over  the  extraordinary  period,  under 
various  pretexts  on  the  part  of  Connecticut  in  all  cases,  of  forty-seven 
years,  before  the  transfer  of  the  Oblong,  during  that  whole  time  due 
New  York,  was  finally  made. 

A  reference  to  a  few  facts  here  will  be  sufficient. 

Instead  of  complying  promptly  with  her  agreement,  or  taking  any 
steps  for  that  purpose,  Connecticut,  in  1697,  encouraged  the  towns  of 
Rye  and  Bedford,  in  Westchester  county,  to  revolt  against  New  York, 
and  the  same  Governor  who  had  signed  the  contract  of  1683,  demanded 


476  Copies  of  Documents  Relating  to  the 

those  towns  for  Connecticut,  in  violation  of  the  contract  he  had  himself 
sanctioned  fourteen  years  previously.  No  new  steps  were  taken  for  the 
term  of  twenty  years. 

In  1717  the  government  of  New  York  made  another  attempt  at  an 
arrangement,  by  passing  an  act  to  provide  for  the  survey  of  the  equiva- 
lent tract.  This  act  was  sought  to  be  carried  out  in  1718  by  New  York, 
and  at  her  solicitation  commissioners  were  appointed  on  the  part  of 
Connecticut  to  meet  her  own  already  appointed,  but  their  consultations 
were  without  effect,  as  those  of  Connecticut  would  agree  to  nothing 
practical,  and  were  vested  with  no  authority  to  bind  their  government. 

In  1719  New  York  made  a  further  attempt  at  an  arrangement,  by 
passing  another  act  appointing  commissioners  to  meet  those  of  Connec- 
ticut and  settle  the  line  amicably,  but  as  all  previous  efforts  had  proved 
useless,  in  this  it  was  provided  that  if  Connecticut  would  not  respond 
to  the  proposition,  the  Commissioners  of  New  York  were  authorized  to 
proceed  alone,  and  run  and  fix  the  line,  but  in  strict  conformity  with 
the  agreement  of  1683,  to  guard  against  injustice  to  either  party. 

As  a  further  effoi't  to  effect  an  agreement,  and  avoid  future  contro- 
versy, it  was  provided  that  nine  months'  notice  should  be  given  to 
Connecticut  before  the  running  of  the  line  ex  parte  should  be  com- 
menced. This  act  was  sanctioned  by  royal  ordinance,  although  the 
agents  of  Connecticut  in  England  made  every  effort  in  their  power  to 
prevent  it.  This  brought  matters  to  a  point  where  Connecticut  was 
finally  forced  to  act.  Still  she  took  no  steps  until  1723,  when  the  subject 
was  brought  before  her  Legislature,  and  in  1724  she  again  appointed 
commissioners  on  her  part  to  run  and  mark  the  line. 

Thus  matters  progressed  until,  in  1725,  articles  of  agreement  were 
signed  settling  the  manner  of  the  survey,  at  the  end  of  sixty-one  years 
after  the  commencement  of  the  controversy,  and  forty-one  years  after 
Connecticut  had  received  her  share  of  territory  from  New  York,  under 
the  arrangement  of  1683,  but  even  this  resulted  in  nothing  for  the  time 
beyond  the  running  over  again  of  the  line  bounding  the  tract  on  the 
Sound,  which  Connecticut  had  already  held  for  the  period  named,  and 
it  was  not  until  1731  that  the  matter  was  adjusted  by  a  survey,  and  New 
York  received  her  share  of  territory,  after  it  had  been  withheld  for 
forty-eight  years. 

It  was  then  that  this  line  was  run,  denned  and  marked  by  the  monu- 
ments so  readily  found  by  us,  as  we  have  shown  ;  and  it  is  this  which 
is  again  the  subject  of  controversy. 

We  would  here  remark,  that  in  all  researches  and  examinations,  and 
all  our  intercourse  with  people  living  along  said  line,  we  have  not  found 
one  individual  who  desires  a  change  of  the  line,  and  no  proposition 
made  by  us  during  the  above  negotiations  with  the  Connecticut  Com- 


Boundaries  of  the  State  of  New  York.  477 

missioners  would  change  a  single  residence  or  take  from  Connecticut 
one  rod  of  her  territory. 

In  view  of  these  facts,  taken  together  with  the  disagreement  between 
the  late  Commissioners  of  the  two  States,  we  feel  doubly  anxious  to 
end  permanently  this  long  and  vexatious  controversy. 

Whether  anything  can  be  effected  by  further  negotiation  we  fear  is 
doubtful,  as  we  cannot  without  a  total  disregard  of  the 'interests  of  our 
State,  consent  to  surrender  any  of  her  territory,  originally  so  difficult  to 
obtain  and  so  long  held.  Still  we  shall  not  despair,  as  we  regard  our 
position  as  so  just  that  we  can  hardly  conceive  how  it  can  fail  to  be 
finally  assented  to  by  Connecticut. 

In  our  view  all  that  remains  to  be  done  by  New  York  is  comprehended 
in  the  running  and  marking  of  the  original  line,  and  erecting  suitable 
monuments  to  designate  the  same,  to  remove  all  chance  for  doubts  as  to 
its  true  locality  for  the  future.  For  which,  having  made  the  requisite 
examinations  and  observations,  we  believe  that  the  whole  work  can  be 
completed  at  a  comparatively  trifling  expense  to  the  State.  We  deem 
this  due  to  the  people  living  along  the  line,  upon  that  portion  of  her 
territory  claimed  by  Connecticut,  who  manifest  much  anxiety  to  learn 
whether  they  are  summarily  to  be  ejected  from  the  State  of  their 
adoption. 

Such  is  a  summary  of  the  progress  we  have  made,  the  facts  ascer- 
tained, and  the  position  we  occupy  in  our  efforts  to  settle  this  long 
disputed  question.  We  feel  that  we  have  made  every  concession  and 
exhausted  every  effort  consistent  with  the  duties  of  our  office  and  the 
interests  of  the  State  we  have  the  honor  to  represent. 

We  herewith  transmit,  accompanying  our  report,  copies  of  the  docu- 
ments, fixing  and  establishing  the  boundary  line  that  we  have  ascer- 
tained, and  from  which  chiefly  we  have  obtained  a  history  of  former 
controversies  concerning  it. 

Documents.   . 

No.  1.  Agreement  of  1683. 

No.  2.  Report  of  Commissioners  and  Surveyors  of  1684. 

No.  3.  Preliminary  agreement  of  1725. 

No.  4.  Agreement  of  the  Commissioners  establishing  the  boundary, 
in  part,  of  1725. 

No.  5.  Indenture  finally  fixing  and  establishing  the  line,  made 
May  14,  1731. 

No.  6.  Descriptions  of  the  monuments  and  places  of  their  erection, 
referred  to  in  the  indenture,  as  describing  the  line  of  1731.1 

1  These  documents  have  been  previously  inserted  in  chronological  order  in  this 
volume.     See  pp.  244,  247,  336,  341,  355,  361.— [P. 


478  Copies  of  Documents  Relating  to  the 

No.  7.  Extracts  from  an  ordinance  by  King  George  the  Second,  con- 
firming the  survey  made  and  line  established,  and  including  letters 
patent  to  divers  individuals  in  the  Oblong  or  equivalent  tract,  describ- 
ing the  grants  made  thereby  as  bounded  on  the  east  by  the  line  of 
monuments  erected  as  above.1 

We  also  have'had  prepared,  by  Mr.  Hiram  S.  Dewey,  our  engineer,  a 
map  of  that  portion  of  the  State  of  New  York  lying  between  the  Hud- 
son river  and  Connecticut  line,  including  a  plot  of  the  Oblong  or  equiva- 
lent tract,  and  a  view  of  the  localities  of  the  several  monuments 
marking  the  line  between  the  two  States,  as  fixed  by  the  Commissioners 
and  surveyors  of  1731.* 

The  expenses  of  ascertaining  the  line,  taking  measurements,  making 
preliminary  observations,  and  taking  notes  of  the  same,  and  testing  the 
locality  of  the  several  monuments,  and  determining  monument  points, 
may  be  summed  up  as  follows: 

For  services  and  expenses  of  our  engineer,  cost  of  maps,  &c,       $467  09 
Miscellaneous  expenses  of  the  exploring  party,  including  pay 

for  guides,  conveyances  and  chainmen,  &c,  &c, 53  84 

Traveling  expenses  and  board  of  the  Commissioners,  including 

all  the  necessary  individual  expenses, 509  94 

Services  of  the  Commissioners  at  the  per  diem  rate  fixed  by 

chapter  47  of  the  Laws  of  1857, 1,128  00 

$2,158  87 


All  which  is  respectfully  submitted. 

ISAAC  PL  ATT, 
JACOB  VROOMAN, 
LEANDER  D.  BROWN. 

1  This  document,  dated  June  4,  1731,  which  is  recorded  in  the  office  of  the  N.  Y. 
Sec'y  of  State,  (Patents,  xi,  4),  is  not,  —  in  our  judgment  and  with  due  deference  to 
the  generally  accurate  as  well  as  able  report  of  the  Commissioners,  —  "  an  ordinance 
confirming  the  survey  made  and  line  established,"  but  merely  a  patent  to  divers 
individuals,  as  further  stated  above.  This  patent  is  prefaced  with  sundry  recita!s 
of  acts  and  proceedings  referring  to  the  establishment  of  the  boundary  line  in  ques- 
tion, evidently  intended  merely  to  show  that  the  said  divers  individuals,  holding 
lands  which  they  had  improved  in  the  Oblong  or  equivalent  tract,  under  patents 
from  Connecticut,  and  becoming  by  the  cession  of  the  Oblong  residents  of  New 
York,  were  justly  entitled  to  a  confirmation  of  their  original  titles  by  this  new 
patent  from  New  York. — [P. 

a  This  Map  is  a  lithograph  of  C.  Van  Benthuysen,  size  15x37  inches,  scale  one 
mile  to  an  inch.  There  is  also  a  lithograph  "  Map  showing  the  position  of  Boundary 
Lines  between  New  York  and  Connecticut,"  —  size  6x16  inches. — [P. 


Boundaries  of  the  State  of  New  York.  479 

[Statf  of  New  York.] 

Chap.  159. 

AN  ACT  to  provide  for  the  survey  and  settlement  of  the  boundary  line 

between   the   states   of   New   York   and   Connecticut,   and   for  the 

expenses  thereof. 

Passed  April  4,  1860. 

*  .       *  *  * 

Section  1.  The  commissioners  appointed  by  the  governor  to  ascertain 
the  boundary  line  between  the  States  of  New  York  and  Connecticut, 
are  hereby  empowered  and  directed  to  survey  and  mark  with  suitable 
monuments  the  said  line  between  the  two  states,  as  fixed  by  the  survey 
of  seventeen  hundred  and  thirty-one. 

§  2.  It  shall  be  the  duty  of  said  commissioners  before  proceed- 
ing to  the  performance  of  such  duties,  to  give  at  least  one  month's 
notice  in  writing  to  the  commissioners  appointed  on  the  part  of  the 
State  of  Connecticut  to  ascertain  and  settle  said  line,  of  the  time  and 
place  when  and  where  such  survey  will  be  commenced,  and  inviting 
them  to  join  in  the  duties  enjoined  upon  the  said  commissioners  from 
this  state  by  the  first  section  of  this  act. 

§  3.  The  notice  in  the  last  section  mentioned  may  be  served  by 
mail,  by  enclosing  a  copy  thereof  to  each  of  said  Connecticut  commis- 
sioners, directed  to  him  at  his  place  of  residence,  at  least  thirty-five  days 
before  the  time  specified  therein  for  the  commencement  of  said  survey. 

§  4.  In  case  of  the  refusal  or  neglect  of  said  Connecticut  commis- 
sioner to  appear  and  join  in  such  survey  and  marking  of  said  line  at 
the  time  and  place  specified  in  such  notice,  or  such  other  time  as  may 
be  mutually  agreed  upon  by  the  commissioners  of  the  two  states,  then 
the  commissioners  of  New  York  shall  proceed  in  the  performance  of 
their  duties  as  in  the  first  section  of  this  act  empowered  and  directed. 

§  5.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out 
of  any  funds  in  the  treasury  applicable  to  such  purposes,  or  so  much 
thereof  as  may  be  necessary  to  pay  the  expenses  of  the  said  commis- 
sioners already  incurred  and  for  their  services  heretofore  rendered,  and 
the  expenses  they  may  hereafter  incur  and  the  services  they  may  ren- 
der in  the  performance  of  their  duties,  at  the  rates  and  in  the  manner 
specified  in  chapter  forty-seven  of  the  Laws  of  eighteen  hundred  and 
fifty-seven. 

§  6.  This  act  shall  take  effect  immediately. 

— [Ni  Y.  Laws,  1860,  p.  252. 


480  Copies  of  Documents  Relating  to  the 

[Gov.  Buckingham  to  Conn.  Legislature.] 

May  2,  1 860. 

*  *  *  * 

Since  the  last  meeting  of  the  General  Assembly,  His  Excellency  the 
Governor  of  New  York  has  appointed  a  new  Board  of  Commissioners 
to  act  with  Commissioners  appointed  by  this  State  "  to  ascertain  and 
settle  the  boundary  line  between  the  two  States." 

The  joint  Commissioners  have  had  a  number  of  meetings,  but  have 
come  to  no  satisfactory  conclusion.  The  Commissioners  on  the  part  of 
the  State  of  New  York  claim  to  have  discovered  the  line  described  in 
an  agreement  made  between  the  Province  of  New  York  and  the  Colony 
of  Connecticut,  in  1731,  which  line  runs  through  several  monuments, 
each  described  as  a  "  stake  and  heap  of  stones,"  and  which  makes  an 
angle  at  every  second  or  fourth  mile  between  Ridgefield  Corner  and  the 
Massachusetts  line,  and  they  claim  that  such  line  is  the  true  boundary. 

The  Connecticut  Commissioners  claim  that,  in  1725,  the  Commission- 
ers of  said  Province  of  New  York,  and  of  the  Colony  of  Connecticut, 
agreed  that  the  boundary  should  be  a  straight  line;  that  the  line 
referred  to  was  in  fact  never  run,  but  was  determined  by  running  lines 
of  equal  length  at  right  angles  from  a  straight  line,  which  had  then 
been  surveyed,  and  was  believed  to  have  been  a  straight  line  at  the 
time  by  both  parties  in  interest;  and  further,  that  a  straight  line  should 
now  be  established  in  accordance  with  the  original  agreement,  and  in 
accordance  with  the  belief  that  the  first  line  was  a  right  line,  until  the 
recent  survey  revealed  its  error. 

The  report  of  the  Commissioners  containfs]  other  reasons  for  disagree- 
ment, and  a  detailed  account  of  the  subject,  and  of  their  views  thereon. 
While  I  must  believe  that  the  Commissioners  on  both  sides  entertain  an 
earnest  desire  to  settle  the  question  involved  upon  principles  of  right 
and  equity,  I,  nevertheless,  am  of  opinion  that  they  will  not  agree  upon  the 
application  of  these  principles  to  a  given  line.  I  therefore  fully  concur 
in  the  recommendation  of  our  Commissioners  —  that  a  proposition  be 
made  to  the  State  of  New  York,  that  each  State  appoint  an  arbitrator, 
and  that  the  two  appoint  a  third,  neither  of  whom  shall  be  a  resident  of 
either  State,  and  that  the  joint  Commissioners  present  the  surveys  and 
facts  connected  with  the  subject  to  the  consideration  of  said  arbitrators; 
that  they  or  either  two  of  them  shall  recommend  such  a  line  as  may  to 
them  appear  just  and  proper  to  be  established  as  the  boundary  between 
the  two  States.  The  people  of  both  States  would  be  likely  to  acquiesce 
in  the  views,  and  accept  the  recommendation,  of  men  who  are  not  pre- 
judiced in  favor  of  or  against  the  claims  of  either  State. 

*  *  *  * 

— [Conn.  Sen.  Journal,  1860,  p.  26;   Gen.  Assent.  Reports,  &c,  1860, 
No.  1,  p.  6. 


Boundaries  of  ihe  State  of  New  York.  481 

[May  3,  I860.] 
Report  of    the    [Conn.]    Commissioners   on    the    Boundary    Line 

Between  Connecticut  and  New  York,  to  the  General  Assem- 
bly, May  Session,  1860. 
To  the  Honorable  General  Assembly  of  the  State  of  Connecticut,  now 
in  session  at  New  Haven : 

The  undersigned,  Commissioners  appointed  to  ascertain  and  settle 
the  boundary  line  between  this  State  and  the  State  of  New  York,  sub- 
mit the  following  Report: 

In  order  to  a  full  understanding  of  the  question,  there  have  been 
hereto  annexed  copies  of  the  original  agreement  of  1683,  with  the 
partial  survey  of  1684,  under  the  same  ;  the  agreement  of  1725,  the 
survey  in  part  of  1725,  and  the  survey  complete  of  1731,  under  the 
same.  Also,  the  description  of  the  locality  of  the  intermediate  monu- 
ments in  the  survey  of  1731. 

In  addition  to  these  there  is  a  document  on  file  in  the  office  of  the 
Secretary  of  the  State  of  Connecticut,  purporting  to  be  a  survey  and 
report  made  in  pursuance  of  the  agreement  of  1725,  dated  Nov.  21st, 
1730,  and  signed  by  Roger  Wolcott  and  Edmund  Lewis,  Commis- 
sioners from  Connecticut ;  and  Cadwallader  Colden,  Vincent  Mathews, 
and  J.  Bruyn,  Jr.,  Commissioners  of  New  York,  which  is  similar  to, 
but  not  so  full  as  that  of  1731. 

Also,  in  1857  there  was  published  an  elaborate  exparte  report  of  one 
hundred  and  eighty-four  pages,  which  was  made  to  the  New  York 
Legislature  of  that  year,  by  the  then  New  York  Commissioners,  setting 
forth  the  survey  that  they,  conjointly  with  the  Connecticut  Commis- 
sioners, had  made;  the  reasons  of  their  final  disagreement;  the  report 
of  Mr.  Wentz,  their  engineer  in  chief,  with  diagrams  and  maps;  and  to 
which  were  appended  most  of  the  above  named,  and  a  number  of  other 
ancient  documents  purporting  to  be  literal  copies  from  the  originals  in 
the  office  of  the  New  York  Secretary  of  State  and  elsewhere;  and  also, 
"  A  Historical  Sketch  of  the  Controversies  and  Attempted  Settlements 
respecting  the  New  York  and  Connecticut  Boundary,  previous  to  the 
year  1855,"  which  is  in  no  wise  partial  to  Connecticut.  To  most  of 
these,  reference  is  made  in  this  report. 

The  chaining  is  taken  from  the  report  of  Mr.  Wentz  and  the  field 
notes  of  Mr.  Andrew  Perry. 

In  1855  the  General  Assembly  of  this  State,  for  reasons  set  forth  in 
the  preamble  thereto,  passed  a  resolution  appointing  William  H.  Holley 
of  Stamford,  and  Jason  Whiting  of  Litchfield,  Commissioners  on  the 
part  of  this  State,  to  ascertain  the  boundary  line  between  this  State  and 
the  State  of  New  York. 

31 


482  Copies  of  Documents  Relating  to  the 

In  1856  the  Legislature  of  New  York,  having  been  officially  advised 
of  the  above,  passed  a  preamble  and  two  resolutions,  one  of  which  was 
as  follows:1 

In  pursuance  of  the  foregoing  resolution  the  Governor  of  New  York 
appointed  Messrs.  Ben  Field,  Samuel  D.  Backus,  and  Jonathan  Tarbell, 
Commissioners  for  the  purpose  named  in  the  resolution. 

During  the  year  1856  the  aforesaid  Commissioners  from  the  two  States 
made  a  joint  survey  of  the  boundary  line  from  the  Sound  to  the  Massa- 
chusetts line;  but  before  coming  to  a  joint  report  of  their  doings,  so 
disagreed  as  that  no  settlement  of  the  boundary  line  was  effected  thereby. 

In  1857  two  of  the  New  York  Commissioners  made  a  report  to  the 
Legislature  of  that  State,  stating  the  reasons  of  their  disagreement,  as 
already  referred  to  ;  and  the  same  year  the  Connecticut  Commissioners 
also  made  a  report  to  the  Legislature  of  this  State,  narrating  the  joint 
survey  of  the  line,  and  stating  the  causes  of  their  failing  to  secure  a 
final  settlement,  as  will  more  fully  appear  by  their  report  on  file. 

In  1858  the  following  resolutions  were  passed  by  the  General  Assem- 
bly of  this  State  :2 

*  *  *  * 

In  accordance  with  these  resolutions  Messrs.  Gideon  Welles,  O.  H. 
Perry,  and  Philip  S.  Beebe,  were  appointed  Commissioners  on  the  part 
of  this  State.  Thereafter,  the  Hon.  Mr.  Welles  having  resigned,  Joseph 
R.  Hawley  was  appointed  in  his  stead. 

At  the  May  Session  of  the  General  Assembly  of  this  State,  A.  D. 
1859,  a  preamble  and  resolution  were  passed  setting  forth  that  no  action 
in  the  premises  having  been  taken  by  the  Legislature  of  New  York,  the 
Governor  was  requested  again  to  call  the  attention  of  the  Governor  of 
New  York  to  this  matter,  that  the  object  of  the  resolutions  of  1858 
might  be  carried  out. 

Some  months  after  this  the  Chairman  of  the  New  York  Commis- 
sioners, Hon.  Ben  Field,  having  resigned,  the  remaining  Commissioners 
were  superseded,  and  the  Governor  of  that  State  appointed  new  Com- 
missioners, under  the  resolution  of  1856,  consisting  of  Messrs.  Isaac 
Piatt,  of  Dutchess  County,  Jacob  Vroman,  of  Schoharie  County,  and 
L.  D.  Brown,  of  Otsego  County.  ■ 

On  notice  from  the  Chairman  of  the  New  York  Commissioners,  the 
first  meeting  was  appointed  and  held  at  Port  Chester,  N.  Y.,  on  Sep- 
tember 13th,  1859;  at  which,  all  of  the  Commissioners  from  both  States 
being  present,  a  joint  board  was  organized,  and  Mr.  Piatt  appointed 
Chairman,  and  Mr.  Hawley,  Secretary. 

In  discussing  the  duties  of  the  joint  Commission,  and  the  true  prin- 

1  See  page  38(5,  ante. — [P.  ■  See  page  453,  ante. — [P. 


Boundaries  of  the  State  of  New  York.  483 

ciple  of  conducting  the  survey,  it  was  apparent  that  the  ultimate  cause 
of  disagreement  between  the  last  Commissioners  of  the  two  States 
would  still  continue  to  be  the  chief  ground  of  difference  between  us. 
This  arises  entirely  out  of  the  imperfect  and  erroneous  survey  which  was 
made  in  1731,  and  which  was  not  discovered  until  the  survey  of  1856. 

For  a  long  period  prior  to  1683  this  boundary  was  a  subject  of  con- 
troversy and  attempted  settlement  between  the  province  of  New  York 
and  the  colony  of  Connecticut.  On  the  28th  of  November,  of  that 
year,  there  was  an  agreement  entered  into  between  the  Governor  and 
Council  of  New  York  and  the  Governor  and  Commissioners  of  Con- 
necticut, establishing  the  true  boundary  as  twenty  miles  from  Hudson's 
River;  and  then  providing  for  the  manner  in  which  the  line  should  be 
run  so  as  to  throw  into  Connecticut  certain  lands  upon  the  Sound, 
which  had  been  settled  by  people  from  Connecticut ;  but  that  for  all 
the  lands  so  included  in  Connecticut,  within  twenty  miles  from  Hudson's 
River,  there  should  be  added  to  New  York,  out  of  Connecticut,  upon 
the  northern  part  of  the  line,  an  equal  quantity,  afterwards  called  the 
"  equivalent  tract  "  or  "  oblong." 

In  pursuance  of  this  agreement  a  partial  survey  was  made  in  1684, 
and  by  which  it  was  determined  that  the  south  oblong,  on  the  Sound, 
would  take  from  New  York,  from  within  twenty  miles  of  Hudson's 
River,  sixty-one  thousand  four  hundred  and  forty  acres,  and  that  this 
would  be  the  area  of  the  equivalent  fract  contained  in  the  north  oblong 
to  be  taken  from  Connecticut. 

Subsequently  other  attempts  were  made  at  different  times  to  com- 
plete the  survey,  but  no  conclusive  result  was  arrived  at  until  1 725, 
when  another  agi*eement  was  entered  into  between  the  parties,  sub- 
stantially like  that  of  1683,  but  more  full  and  specific  in  its  details. 
Under  this  agreement  of  April  29th,  1725,  the  line  was  again  surveyed 
in  part,  under  date  of  May  12th,  1725,  and  completed  May  14th,  1731. 
By  a  reference  to  the  survey  of  1731  it  will  be  seen  in  what  manner 
the  agreement  of  1725  was  attempted  to  be  carried  out.  Having  con- 
nected the  angle  bounds  on  the  west  side  of  the  equivalent  tract,  by 
straight  lines,  for  the  then  true  boundary  of  Connecticut,  twenty  miles 
from  Hudson's  River,  they  determined  the  breadth  of  the  equivalent 
tract,  with  the  proper  allowance,  and  proceeded  to  set  it  off;  not,  how- 
ever, by  running  a  line  on  the  east  side  of  the  same,  as  they  had  done 
on  the  west  side,  but  by  running  out  perpendiculars  from  the  west  line, 
as  a  base  line,  for  the  most  part  at  intervening  distances  of  two  miles, 
and  placing  a  stake  and  heap  of  stones  at  the  end  of  each.  These 
perpendiculars  were  to  be  of  uniform  length,  with  the  required  breadth 
of  the  equivalent  tract,  measured  on  the  surface,  and  the  same  whether 
over  level  or  uneven  ground.     They  then  in  due  form  set  off  and  ceded 


484  Copies  of  Documents  Relating  to  the 

to  New  York  the  lands  so  included  in  the  equivalent  tract  by  lines  run- 
ning from  one  angle  bound  to  another,  through  these  intermediate 
monuments,  describing  the  east  line,  which  was  never  traced,  as  parallel 
to  the  west,  which  is  a  straight  line,  and  which  east  line  is  to  be  and 
remain  the  boundary  line  between  the  States.  Thus  they  intended  and 
supposed  the  boundary  line  to  be  a  straight  line,  in  conformity  with  the 
agreement  of  1725;  and  so  have  every  one  supposed,  as  appears  by 
every  map  of  either  State,  until  the  survey  of  1856  has  shown  that 
what  is  now  called  the  traditionary  line  is  a  very  crooked  line,  and  can- 
not be  parallel  to  any  straight  line,  and  that  doubts  and  uncertainties 
were  found  to  exist,  on  many  parts  of  the  line.  On  some  portions  of 
the  line,  as  is  truly  said  in  the  New  York  report  of  1 856,  "  many  of  the 
heaps  of  stone  originally  erected  had  been  scattered,  leaving  no  memo- 
rial of  their  location,  while  modernized  monuments  presented  their 
claims  for  recognition,  confusing  and  distracting  without  satisfactory 
proof  of  their  authenticity."  Also,  "  traditions  were  found  inconsistent 
and  contradictory,  varying  the  line  in  places  to  a  considerable  extent. 
Local  surveyors,  employed  to  ascertain  detached  portions  of  the  line, 
by  taking  their  direction  from  various  traditionary  points,  had  differed 
widely  from  each  other  and  increased  rather  than  diminished  the  gen- 
eral doubt.  Along  the  whole  distance  the  greatest  uncertainty  existed, 
and  a  distrust  and  want  of  confidence  in  all  the  supposed  lines,  rather 
than  a  disposition  to  contend  for  any.  Residents  near  the  border 
refrained  from  voting  in  either  State,  while  officers  of  justice  and  col- 
lectors of  revenue  from  both,  hesitated  to  exercise  their  authority  up  to 
any  clearly  defined  limit." 

It  also  appeared  by  the  same  report  that  the  Commissioners  jointly 
agreed  as  to  the  lines  below  the  Ridgefield  angle,  which  were  straight 
lines,  to  wit,  from  the  Byram  River  to  the  Duke's  trees,  thence  to  south- 
west angle  of  oblong,  thence  to  southeast  angle  of  oblong,  and  thence 
to  Ridgefield  angle;  and  actually  placed  the  monuments  on  the  same 
from  the  southeast  corner  of  the  equivalent  tract  to  the  Sound;  but  that 
afterwards,  finding  that  a  straight  line  from  the  Ridgefield  angle  to  the 
Massachusetts  line  varied  so  much  from  the  traditionary  line  as  to  change 
a  considerable  number  of  acres  from  New  York  to  Connecticut,  the  New 
York  Commissioners  refused  to  establish  the  boundary  as  run  by  them. 

In  this  posture,  then,  the  matter  came  into  our  hands.  On  our  part 
we  were  satisfied  with  the  straight  lines  between  angle  bounds  as  run 
by  the  Commissioners  of  1856,  under  the  chief  direction  of  Mr.  Wentz, 
the  distinguished  engineer  employed  by  the  New  York  Commissioners, 
and  were  of  the  opinion  that  this  was  the  only  true  way  of  running  a 
boundary  line,  and  the  only  way  ever  originally  contemplated  by  either 
party. 


Boundaries  of  the  State  of  New  York.  485 

The  New  York  Commissioners  objected  to  this,  and  contended  for 
old  monuments  and  traditionary  lines,  however  crooked  they  might  be. 

The  second  meeting  was  held  by  adjournment,  at  Port  Chester,  Sep- 
tember 20th,  all  being  present. 

It  was  agreed  that  each  board  should  pay  its  own  expenses,  and  that 
all  joint  expenses  should  be  divided  between  the  boards,  and  paid  when 
incurred. 

After  an  examination  of  Byram  River,  it  was  again  proposed  that  we 
agree  upon  some  principle  to  which  we  should  adhere,  in  running  the 
line,  before  beginning  the  survey.  But  this  we  wei'e  then  unable  to  do. 
It  was,  however,  admitted  on  both  sides,  that  probably  there  would  be 
no  difference  between  us,  on  the  line  below  the  Ridgefield  angle.  We 
therefore  agreed  to  begin  at  that  point,  and  perambulate  the  line  to  the 
Massachusetts  monument,  in  a  search  for  such  monuments  and  tradition- 
ary marks  as  could  be  found  on  either  side.  The  New  York  Commis- 
sioners had  employed  H.  S.  Dewey,  Esq.,  engineer,  and  we  secured  the 
services  of  Prof.  W.  A.  Norton,  as  engineer.  Also,  Andrew  Perry,  Esq., 
who  had  acted  as  assistant  to  Mr.  Holley,  in  the  last  survey,  was 
employed  by  us  to  point  out  the  location  of  the  line  run  by  them* 
the  road  crossings  of  the  same,  and  any  monuments  which  they  had 
discovered. 

From  the  Ridgefield  angle  to  Massachusetts,  a  distance  of  over  fifty 
miles,  the  line  for  the  most  part  lies  along  a  succession  of  high  hills 
and  mountains,  dividing  the  waters  of  the  Hudson  and  Housatonic,  and 
over  a  country  rough  and  rocky,  where  much  of  the  land  is  of  little  worth ; 
and  though  some  ridges  and  valleys  are  crossed,  affording  good  farming 
land,  still,  for  many  miles,  the  country  is  broken  into  almost  inaccessible 
mountain  ranges,  so  as  to  form  quite  a  natural'  boundary  between  the 
states. 

The  Ridgefield  angle  we  found  near  the  house  of  Mr.  Timothy  Jones, 
marked  by  a  heap  of  stones;  in  location  corresponding  very  well  with 
the  description  of  1731,  and  pointed  out  by  the  tradition  of  the  neigh- 
borhood as  the  old  angle  bound.  From  this  point  to  the  Massachusetts 
bound,  the  bearing  of  the  straight  line  is  north  11^  degrees  east.  Fol- 
lowing this  course  nearly,  we  came  upon  several  flat  stones  laid  one 
upon  another,  "  on  the  west  side  of  a  rocky  hill,"  which  answers  the 
old  description  of  the  place  where  was  erected  the  monument  corres- 
ponding to  the  two  mile  monument.  The  stones  now  have  the  appear- 
ance of  having  been  laid  up  at  a  comparatively  recent  date.  It  was 
found  to  be  in  1856,  one  hundred  and  six  chains  from  the  angle  monu- 
ment. By  calculation,  the  distance  to  the  corresponding  monument  on 
the  east  line  of  the  oblong  is  supposed  to  be  forty-eight  and  one-half 
chains  shorter  than  to  the  monument  on  the  west  line,  which  would 


486  Copies  of  Documents  Relating  to  the 

make  the  said  stone  heap  twenty-two  rods  short  of  the  requisite  dis« 
tance.  By  calculation,  also,  it  is  found  to  be  twenty-two  rods  nine 
links  east  of  the  straight  line. 

At  about  three  miles  from  the  angle,  near  the  house  of  William  Howe, 
we  found  the  traditionary  line  fences  seventeen  rods  east  of  the  straight 
line. 

At  about  three  and  a  half  miles,  on  Howe's  hill,  we  found  the  tradi- 
tionary line  fence  twenty-four  rods  east  of  the  straight  line. 

On  the  east  of,  and  twenty  rods  distant  from  Mopo  brook,  we  found 
a  small  stone  heap  which  is  claimed  to  be  the  monument  which  corres- 
ponds to  the  fourth  mile  monument.  Elias  Smith,  the  owner  of  the 
land,  knew  nothing  of  the  stone  heap  as  a  monument.  It  is  one  rod 
west  of  the  traditionary  line  fence;  and  twenty-nine  rods  two  links  east 
of  the  straight  line.  The  place  answers  the  old  description  very  well, 
but  being  at  the  two  hundred  and  sixty-four  and  one-half  chain,  is  short 
of  the  requisite  distance  from  the  angle,  and  six  rods  short  from  the 
last  monument. 

September  11th,  again  went  on  to  the  line,  near  Sodom  Corner,  after 
a  short  adjournment,  to  look  for  the  sixth  mile  monument,  but  could 
not  find  it. 

At  the  four  hundred  and  thirty-fourth  chain,  found  traditionary  line 
fence  by  measurement,  forty-one  rods  one  link  east  of  the  straight  line. 

On  the  top  of  a  high  rocky  hill,  a  little  north  of  the  house  of  Selah 
Field,  found  a  stone  heap  consisting  of  an  upright  stone  two  and  a  half 
feet,  by  one  and  a  half  feet,  with  other  stones  placed  around  it,  having 
the  appearance  of  an  ancient  monument,  and  near  to  the  traditionary 
line  fence.  Being  at  the  five  hundred  and  ninetieth  chain,  it  is  thirty 
rods  and  twenty-two  links  east  of  the  sti'aight  line,  and  sixteen  rods  short 
of  the  requisite  distance  from  the  first  monument,  and  twenty-two  rods 
short  from  the  last. 

In  looking  for  the  tenth  mile  monument  we  were  shown,  by  Mr.  Seneca 
Solomon,  some  small  stones  upon  a  rock,  on  his  land,  which  he  said  was 
a  state  line  monument;  but  which  none  of  the  party  regarded  as  a 
monument,  corresponding  with  any  recorded  description.  Nor  could 
we  find  any  satisfactory  evidence  of  it  in  that  vicinity. 

About  three-quarters  of  a  mile  north  of  the  house  of  Mr.  Elwell, 
through  which  the  traditionary  line  is  said  to  run,  we  found  a  stone 
about  two  feet  long  by  one  foot  wide,  placed  upright,  on  the  top  and  at 
the  south  end  of  a  modern  stone  wall,  where  it  intersected  another  stone 
wall  running  east  and  west,  which  is  said  to  be  the  twelfth  mile  monu- 
ment. Course  of  the  stone  wall,  north  ll£  degrees  east.  Sighting 
south  by  compass,  the  line  falls  several  rods  east  of  El  well's  house,  and 
a  considerably  east  of  the  traditionary  line  fences  on  the  hills  beyond. 


Boundaries  of  the  State  of  New  Yore.  487 

Placed  at  the  nine  hundred  and  twentieth  chain,  it  is  forty-six  rods  and 
nineteen  links  east  of  the  straight  line,  and  overruns  the  requisite  dis- 
tance fifty-six  rods  from  the  first  monument,  and  forty  rods  from  the 
last.  In  the  old  description  the  distance  from  the  tenth  to  the  twelfth 
mile  monument  was  measured,  unlike  the  others,  on  the  line.  This 
monument  is  evidently  of  recent  erection,  and  whether  on  the  old  site, 
cannot  now  be  known. 

Near  the  house  of  Edward  Jennings,  at  the  ten  hundred  and  sixty- 
first  chain,  the  traditionary  line  was  thirty -four  rods  one  link  east  of  the 
straight  line. 

At  the  ten  hundred  and  seventieth  chain,  Mr.  Jennings  pointed  out  a 
rock  with  a  few  stones  around  it,  on  the  north  west  side  of  a  hill,  which 
he  supposed  to  be  an  old  state  line  monument,  and  which  ought,  there- 
fore, to  correspond  to  the  fourteenth  mile  monument.  It  is  thirty-three 
rods  nine  links  east  of  the  straight  line,  and  three  rods  sixteen  links 
east  of  the  traditionary  line  fence.  It  is  also  sixteen  rods  over  the 
required  distance  from  the  first  monument,  and  forty  rods  short  from 
the  last. 

On  the  top  of  "  Cranberry  mountain  "  we  found  a  stake  and  small 
stone  heap,  about  six  rods  northwest  from  a  small  pond  of  water,  which 
answered  the  old  description  of  the  sixteenth  mile  monument.  It  was 
twenty-one  rods  twenty-three  links  east  of  the  straight  line.  Placed  at 
the  one  thousand  two  hundred  and  thirtieth  chain,  it  was  sixteen  rods 
over  the  requisite  distance  from  the  first  monument. 

A  short  distance  south  of  the  house  of  Perry  Wheeler,  we  were 
shown  a  stone  heap,  supposed  to  be  the  eighteenth  mile  monument,  on 
a  ledge  of  rocks  on  the  eastern  edge  of  a  ravine  about  thirty  feet  deep; 
the  traditionary  line  fence  passing  near  the  monument.  It  was  thirty- 
one  rods  east  of  the  straight  line.  Its  distance  from  the  other  monu- 
ments not  ascertained. 

Near  "Quaker  Hill,"  on  land  of  Henry  Briggs,  we  found  a  small 
stone  heap,  said  to  be  the  twentieth  mile  monument.  It  was  situated  in 
a  swale,  about  twenty  feet  west  of  the  foot  of  a  wooded  rocky  hill. 
The  old  description  says,  "  in  the  west  side  of  a  steep  rocky  hill." 
From  this  point  the  traditionary  line  fence,  about  half  a  mile  south, 
bears  south  fourteen  degrees  west.  At  the  one  thousand  five  hundred 
and  thirty-seventh  chain,  it  is  twenty-eight  rods  twenty-fouV  links  east 
of  the  straight  line.  It  is  also  thirty-six  rods  short  of  the  requisite  dis- 
tance from  the  first  monument,  and  fifty-two  rods  short  from  the  six- 
teenth mile  monument.     "  It  has  not  an  ancient  appearance." 

At  the  one  thousand  six  hundred  and  ninety-seventh  chain,  south  of 
the  house  of  Mr.  Caldwell,  and  thirty  rods  east  of  the  straight  line, 
brought  us  in  line  with  the  traditionary  line  fence  on  the  hill  north. 


488  Copies  of  Documents  Relating  to  the 

Nothing  corresponding  to  the  twenty-second,  twenty-fourth,  or  twenty- 
sixth  mile  monuments,  could  be  found. 

Near  the  house  of  William  Draper,  near  the  one  thousand  nine  hun- 
dred and  seventieth  chain,  the  traditionary  line  fence  is  thirty-seven 
rods  east  of  the  straight  line. 

At  the  two  thousand  and  seventeenth  chain,  south  from  the  house  of 
Alfred  Chapman,  the  traditionary  line  fence  is  thirty-eight  rods  twelve 
links  east  of  the  straight  line. 

In  a  north  northwest  course,  from  the  house  of  Abijah  Beach,  and 
near  the  top  of  the  "  Schagticoke  mountains,"  we  found  a  heap  of  stones 
with  an  upright  board  in  the  center,  marked  D.  L.  &  W. ;  this  is  said  to 
be  a  state  line  monument  —  if  so,  it  must  be  the  twenty-eighth  mile 
monument.     We  could  not  determine  its  relative  position. 

On  the  southwest  side  of  "  Preston  mountain  "  we  found  a  stone  heap 
near  the  traditionary  line  fence,  said  to  be  a  line  monument.  If  so,  it 
must  be  the  thirtieth  mile  monument,  and  near  the  two  thousand  three 
hundred  and  fiftieth  chain.  It  is  twenty-four  rods  eight  links  east  of 
the  straight  line.  It  is  also  sixteen  rods  over  the  requisite  distance 
from  the  first  monument,  and  fifty-two  rods  over  from  the  twentieth 
mile  monument. 

In  "  Bogg  Valley,"  near  the  house  of  Milton  Winegar,  at  the  two 
thousand  five  hundred  and  thirty-sixth  chain,  the  traditionary  line  fence 
was  eight  rods  twenty  links  west  of  the  straight  line.  Course  of  fence, 
north  12  degrees  east. 

At  sixteen  chains  north  of  this,  on  top  of  the  hill,  we  found  a  stone 
heap,  said  to  be  a  line  monument.  If  so,  corresponding  to  the  thirty- 
third  mile  monument.  By  the  above  measurement,  it  would  be 
placed  at  the  two  thousand  five  hundred  and  fifty-second  chain.  It 
is  seven  rods  five  links  west  of  the  straight  line,  and  is  one  hundred 
and  thirty-six  rods  short  of  the  requisite  distance  from  the  first  monu- 
ment, and  one  hundred  and  fifty-two  rods  short  from  the  last  monument. 

At  a  point  fifty-seven  chains  south  of  the  house  of  Horace  Clark,  we 
were  shown  a  stone  heap  claimed  to  be  the  west  corner  bounds  of  the 
towns  of  Kent  and  Sharon;  and  which  is  also  said  to  be  a  state  line 
monument.  If  so,  it  should  be  opposite  the  thirty-fifth  mile  monument. 
It  is  on  a  rock,  on  the  west  side  of  a  hill,  and  is  twenty-one  rods  and 
fourteen  links  east  of  the  straight  line  at  the  two  thousand  seven  hun- 
dred and  thirty-fifth  chain.  It  is  forty-four  rods  short  from  the  first 
monument,  and  ninety-two  rods  over  the  required  distance  from  the  last 
monument. 

The   thirty-seventh,   fortieth,  forty-second,    forty-fourth    and   forty 
seventh  mile  monuments,  not  found. 

At  the  two  thousand  seven  hundred  and  ninety-second  chain,  the  tra 


Boundaries  of  the  State  of  New  York.  489 

ditionary  line  was  east  of  the  straight  line  thirteen  rods  and  twenty- 
two  links. 

At  the  two  thousand  eight  hundred  and  ninety-fifth  chain,  the  tradi- 
tionary line  was  east  of  the  straight  line  twenty-one  rods  and  eleven 
links.     The  line  fence  bearing  north  12  J  degrees  east. 

At  the  two  thousand  nine  hundred  and  fifteenth  chain,  we  arrived 
opposite  the  south  end  of  the  street  running  through  the  centre  of  Hitch- 
cock's Corners,  —  a  small  village  of  perhaps  two  hundred  inhabitants, 
which  was  eighteen  rods  nineteen  links  east  of  the  straight  line.  From 
this  point  to  the  center  of  the  north  end  of  the  street,  is  1 1-67  ch.  and 
which  is  twenty-three  rods  sixteen  links  east  of  the  straight  line.  Dif- 
ference between  the  south  and  north  end  of  the  street  from  the  straight 
line,  four  rods  twenty-two  links. 

Bearing  of  street  north,  1 8|-  degrees  east.  Bearing  of  traditionary 
line,  north  12  degrees  15, minutes  east,  which  cuts  the  street  as  repre- 
sented in  the  accompanying  diagram  —  crossing  the  fence  on  the  east 
side  and  running  through  a  dwelling  house  before  arriving  opposite  the 
south  end  of  the  street,  where  it  is  four  rods  eleven  links  east  of  the 
center  of  the  same.  The  bearing  of  the  traditionary  line  fence,  north 
of  the  village,  is  north  \2\  degrees  east. 

.Near  the  house  of  Mrs.  William  Morehouse,  at  the  three  thousand 
one  hundred  and  fifty-fifth  chain,  the  traditionary  line  fence  is  thirty 
rods  twenty-three  links  east  of  the  straight  line.  Its  bearing  is  north 
11  degrees  52  minutes  east. 

A  short  distance  north  of  the  house  of  E.  Williamson,  opposite  the 
three  thousand  three  hundred  and  second  chain,  (estimated,)  the  tra- 
ditionary line  fence  was  estimated  to  be  thirty-seven  rods  fifteen  links 
east  of  the  straight  line.  This  point  answers  to  the  description  of  the 
place  for  the  forty-second  mile  monument,  but  none  could  be  found. 

On  the  east  of  "  Indian  Pond,"  near  the  house  of  Mr.  Sibley,  there  is 
a  stone  wall,  the  end  of  which  is  said  to  be  the  corner  bound  of  the 
towns  of  Sharon  and  Salisbury;  and  also  on  the  site  of  one  of  the  state 
line  monuments.  It  is  ten  rods  twenty-three  links  from  the  Pond,  but 
has  no  appearance  of  a  monument,  and  has  been  the  same  as  now  for 
many  years. 

At  about  half  a  mile  northwest  of  the  house  of  William  Kelsey,  in 
the  corner  of  his  farm,  he  pointed  out  a  place  where  he  had  heard  it 
said  was  once  a  state  line  monument.  He  had  known  the  place  for  fifty 
years,  but  never  saw  the  monument.  Course  of  the  line  fence  was  north 
12^  degrees  east.  The  traditionary  line  fence  was  thirty-five  rods 
twenty-one  links  east  of  the  straight  line.  No  monument  can  now  be 
found  in  that  vicinity.  The  monument  in  the  Massachusetts  line,  which 
is  at  the  north-east  angle  of  the  equivalent  tract,  is  a  heap  of  stones  on 


490  Copies  of  Documents  Relating  to  the 

a  rocky  ridge  in  Tagkconic  mountain,  between  a  high  peak  on  the  south, 
with  a  high  heap  of  stones  on  its  summit,  raised  by  visitors  to  the  spot, 
and  another  peak  on  the  north.  It  bears  from  the  high  heap  of  stones 
mentioned,  north  45  degrees  east,  and  from  the  southeastern  brow  of 
the  same  mountain,  north  7  degrees  east. 

Thus  we  perambulated  the  boundary  from  the  Ridgefield  angle  to 
the  Massachusetts  line,  with  the  foregoing  results.  By  a  careful  exam- 
ination and  comparison  of  these  it  will  be  found,  as  we  have  already 
said,  that  the  traditionary  line  is  a  very  vague  and  crooked  line.  No 
three  supposed  monuments  can  be  found  in  line;  while  the  bearings  of 
the  line  fences  between  the  monuments  widely  differ.  These  lines  were 
never  run  over  by  the  surveyors  of  1731,  and  have  grown  up  by  the 
building  of  fences  dividing  farm  lands,  whether  bounded  or  not  on  the 
supposed  state  line.  Many  of  these  lines  have  been  run  by  local  survey- 
ors to  determine  town  limits  or  the  individual  proprietorship  of  lands; 
and  having  no  certain  starting  point  or  record  to  guide  them,  they  have 
disagreed  almost  as  much  with  each  other,  as  with  the  straight  line 
between  the  angles. 

Only  one  half  of  the  monuments,  or  those  that  are  called  such,  can 
be  found;  and  they  consist  of  small  heaps  of  stones,  in  no  way  differing 
from  many  other  stone  heaps  along  the  line.  But  few  of  these  have 
any  thing  like  an  ancient  appearance;  and  fewer  still  are  well  identified 
by  the  description  of  1731.  The  evidence  regarding  them  is  also  taken, 
for  the  most  part,  from  those  who  occupy  the  lands  or  those  adjoining, 
and  who  therefore  are  interested  in  establishing,  as  they  think,  their 
property  lines.  "  Such  evidence  we  refused,"  say  the  New  York  Com- 
missioners in  a  letter  to  the  Governor  of  New  York,  May  19,  1725. 

Along  the  line,  more  importance  was  attached  to  supposed  line  fences, 
than  to  any  known,  or  well-understood  monuments  ;  and  in  some 
instances  those  living  near  knew  nothing  of  them  as  such. 

The  discrepancies  of  these  monuments  have  been  attributed  to  the 
mode  of  marking  the  line  by  perpendicular  offsets;  but  this  will  not 
satisfactorily  account  for  their  very  great  disagreement.  The  surface 
across  the  oblong  at  the  Ridgefield  angle  is  quite  level,  perhajjs  more  so 
than  at  any  other  point  on  the  line;  therefore  this  monument  ought, 
according  to  the  above  suggestion,  to  be  found  as  far  or  farther  east 
than  any  of  the  intermediate  monuments.  Yet  the  first  two  mile  monu- 
ment north,  which  has  been  found,  projects  twenty-two  rods  nine  links 
beyond  it;  while  the  perpendicular  which  it  marks  is  run  across  the 
oblong  where  it  is  very  uneven,  upon  what  is  called  "  Sarah  Bishop's 
mountain."  This  is  entirely  irreconcilable  with  such  an  explanation  as 
that  given  above.  On  other  parts  of  the  line  the  same  want  of  coin- 
cidence with   the  surface  measured  over,  is  observed;  while  there  are 


Boundaries  of  the  State  of  New  York.  491 

other  points,  such  as  "  Bogg  valley,"  where  such  an  explanation  seems 
plausible. 

The  intervening  distances  between  the  monuments  also  differ  so  much 
from  the  true  distance  and  from  each  other,  as  that  they  cannot  be  made 
consistent  by  such  a  theory  —  varying,  when  measured  from  the  angle, 
from  six  rods  to  one  hundred  thirty-eight  rods,  from  the  true  position; 
and  from  six  rods  to  one  hundred  fifty-two  rods  from  their  true  distance 
from  each  other.  Some  of  them  falling  short,  and  some  overrunning 
the  required  distance. 

Such  variations  as  these  cannot  be  justly,  attributed  to  the  inaccura- 
cies of  the  compass,  in  running  lines  of  only  five  hundred  eighty  rods  in 
length,  of  the  same  bearing,  and  perpendicular  to  a  base  line  of  a 
uniform  bearing. 

The  entire  area  enclosed  between  the  original  western  boundary  and 
straight  lines  connecting  the  monuments  at  the  Massachusetts  angle, 
Ridgefield  angle  and  Wilton  angle,  as  said  monuments  were  established 
according  to  the  report  of  the  Commissioners  of  1731,  is  sixty-one  thou- 
sand six  hundred  seventy-one  acres;  or  two  hundred  thirty-one  acres 
over  and  above  sixty-one  thousand  four  hundred  and  forty  acres.  Add 
to  this  two  thousand  seven  hundred  forty-four  acres,  which  is  the  area 
included  between  said  straight  lines  and  the  traditionary  lines,  and  you 
have  two  thousand  nine  hundred  and  seventy-five  acres,  as  calculated  by 
Prof.  Norton,  over  and  above  what  is  called  for,  by  the  agreement  of 
1 725,  for  the  "  equivalent  tract." 

There  are  no  villages  on  the  line,  excepting  that  of  Hitchcock's  Cor- 
ners, already  referred  to,  and  but  a  few  scattered  dwellings  whose 
inhabitants  would  be  affected  by  a  correction  of  the  boundary,  and 
establishing  it  in  its  true  position.  These  dwellings  number  perhaps 
less  than  twenty.  Some  of  their  inhabitants  are  averse  to  a  change  of 
State  jurisdiction,  others  are  satisfied  if  called  on  to  pay  taxes  in  but 
one  State,  and  others  still  are  indifferent  as  to  the  State  in  which  they 
are  placed.  The  inconvenience  to  these  on  account  of  their  business 
relations  or  their  property  lines,  could  but  be  small,  and  certainly  of 
minor  consideration  when  compared  with  the  importance  of  a  boundary 
line  between  States  which  would  be  alike  a  just  and  proper  line,  and 
one  easily  to  be  ascertained  and  made  permanent. 

With  these  facts  before  us,  we  had  reason  to  suppose  that  the  New 
York  Commissioners  would  agree  with  us  on  a  line  approximating  at 
least  to  a  straight  line,  and  especially  if  so  run  as  to  leave  the  village 
of  Hitchcock's  Corners  nearly  as  now  divided  by  the  traditionary 
line. 

After  completing  the  examinations,  therefore,  a  conference  was  had 
by  the  two  boards,  at  Lakeville;  but  after  one  or  more  propositions 


492  Copies  of  Documents  Relating  to  the 

were  made  on  either  side,  it  was  found  that  the  New  York  Commis- 
sioners still  insisted  substantially  on  a  line  running  through  such  stone 
heaps  as  were  thought  to  be  monuments,  or  where  line  fences  were 
erected  on  the  supposed  foundation  of  old  monuments.  Still  unable  to 
agree  we  adjourned  to  meet  one  week  later  near  the  Ridgefield  angle, 
for  the  purpose  of  testing  it;  as  the  New  York  Commissioners  had 
suggested  that  it  might  not  be  in  its  true  position. 

On  October  13th,  the  joint  board  again  met  near  the  house  of  Mr. 
Boughton,  on  the  west  side  of  the  oblong  at  the  place  which  was 
pointed  out  by  tradition  as  at  the  end  of  the  twenty  mile  line  from 
Courtland's  Point.  To  ascertain  its  identity  with  the  description  of 
1731,  making  it  one  hundred  seventy-seven  rods  from  Long  Pond,  we 
measured  the  distance  and  found  it  very  nearly  to  agree.  Taking  the 
course  of  N.  84°  E.  across  the  oblong,  we  measured  six  hundred  and 
twelve  rods,  surface  measure,  the  given  breadth  at  this  angle  in  1731, 
and  came  out  one  hundred  thirty-six  feet  south,  and  thirty  feet  west 
of  the  monument  at  the  Ridgefield  angle.  Thus  proving  the  monu- 
ment to  be  thirty  feet  farther  east  than  the  required  distance.  The 
ground  measured  over  at  this  angle  is  comparatively  level. 

After  this  examination  propositions  on  both  sides  were  renewed  but 
without  any  favorable  result,  when  we  again  adjourned. 

On  a  call  from  the  chairman  of  the  joint  board,  a  fourth  meeting  was 
held  at  Pittsfield,  October  25th,  1859  —  all  present  excepting  Mr. 
Hawley  of  the  Connecticut  Commission.  We  were  then  informed  by 
the  New  York  Commissioners,  that  since  our  last  meeting  they  had 
tested  the  angle  monument  at  the  Massachusetts  line  and  found  it,  by 
triangulation,  to  be  nineteen  rods,  horizontal  measure,  too  far  west. 

Mr.  Brown  then,  on  behalf  of  the  New  York  Commissioners,  made 
the  following  proposition. 

"  Without  changing  any  angle  monument  from  its  present  position,  to 
begin  at  the  Massachusetts  angle  monument  and  run  a  straight  line  to 
the  place  of  the  forty-fourth  monument  ;  thence  to  the  line  fence  in  the 
place  of  the  forty-second  monument ;  thence  to  the  fence  and  the  centre 
of  the  sti*eet  at  the  north  end  of  Hitchcock's  Corners ;  thence  following 
the  centre  of  the  street  to  the  front  of  the  store  at  the  south  end ; 
thence  to  a  point  on  the  south  easterly  side  of  highway,  bearing  south 
easterly  from  said  Village;  thence  to  the  thirty-fifth  monument;  thence 
to  the  thirtieth  monument  ;  thence  to  the  twenty  eighth  monument ; 
thence  to  the  twentieth  monument;  thence  to  the  sixteenth  monu- 
ment ;  thence  to  the  fourteenth  monument ;  thence  to  the  eighth  monu- 
ment; thence  to  the  fourth  monument;  thence  to  the  Ridgefield  angle; 
thence  on  the  traditionary  line  to  the  mouth  of  Byram  River." 


Boundaries  of  tse  State  of  New  York.  493 

This  proposition  was  not  accepted  by  the  Connecticut  Commissioners, 
but  in  lieu  thereof,  they  submitted  the  following  —  to  wit: l 
*  *  *  * 

The  foregoing  proposition  of  the  Connecticut  Commissioners  was 
declined  by  the  New  York  Commissioners,  as  follows: 2 

These  propositions  were  the  last  made,  respectively,  by  the  two  boards; 
and  present  the  final  disagreement  between  us. 

It  had  been  claimed  at  this  meeting  by  the  New  York  Commissioners 
that  their  triangulation,  when  we  were  not  present,  placed  the  monu- 
ment at  the  northeast  corner  of  the  oblong  nineteen  rods  too  far  west. 
But  on  enquiry  it  appeared  that  they  made  the  distance  across  the 
oblong  on  the  Massachusetts  line  by  triangulation  to  be  five  huudi-ed 
sixty-three  rods  three  links,  and  that  this  deducted  from  five  hundred 
eighty-one  rods  five  links,  the  measure  of  1731,  made  it  eighteen  rods 
and  two  links  short.  But  this  measure  of  five  hundred  and  eighty- 
one  rods  five  links,  in  1731,  was  surface  measure.  The  horizontal 
breadth  of  the  oblong,  on  the  Massachusetts  line,  according  to  the 
agreement  of  1 725,  was  five  hundred  thirty-nine  rods  ;  while  the  uni- 
"  form  horizontal  perpendicular  "  breadth  was  five  hundred  thirty-eight 
rods,  as  stated  in  the  survey  of  1730,  and  the  surface  breadth  five  hun- 
dred eighty  rods. 

Thus  the  triangulation  proved  that  the  monument  was  not  short  of 
the  required  horizontal  distance,  but  on  the  contrary  it  gave  them 
twenty-four  rods  more,  by  horizontal  measure,  than  the  old  agreement 
called  for. 

We  then  proposed  to  measure  the  same  line  on  the  surface  with  the 
allowance  made  in  1731;  but  the  New  York  Commissioners  declined  to 
do  this.  During  the  succeeding  two  days  we  did  this  ourselves,  in  their 
absence,  with  the  following  results. 

The  northwest  corner  of  the  oblong,  at  Boston  Corners,  is  marked  by 
a  small  marble  monument,  and  is  the  dividing  line  of  Dutchess  and  Col- 
umbia Counties.  The  "  great  stone  "  on  the  top  of  the  most  westerly 
of  the  Taghconic  mountains,  as  described  in  the  survey  of  1731,  is 
readily  recognized,  and  is  in  line  with  a  copper  bolt  marking  the  Massa- 
chusetts line,  and  also  with  the  corner  monument  of  Massachusetts,  as 
established  in  1853  in  setting  off  Boston  Corners  to  New  York. 

From  this  point  can  be  seen  flags  erected  at  the  monument,  at  the 
northeast  corner  of  the  oblong,  and  at  the  northwest  corner  also. 

We  measured  from  the  monument  at  the  northwest  corner  to  the  said 
"great  stone"  116  chains,  49  links.  Thence  to  the  monument  at  the 
northeast  corner  30  chains,  32  links.     So  that  the  whole  distance,  by 

1  See  page  472,  ante.— [P.  ■  See  page  473,  ante.—  [P. 


494  Copies  of  Documents  Relating  to  the 

surface  measurement,  we  found  to  be  587  rods,  6  links  —  overrunning 
the  measurement  of  1731  by  6  rods  and  1  link. 

For  hight  and  slope  of  mountain  and  other  measurements  connected 
with  the  same,  see  diagram  of  Prof.  Norton,  herewith. 

Thus,  by  instrumental  survey  and  measurement,  we  have  proved, 
contrary  to  the  intimation  of  the  report  of  the  New  York  Commission- 
ers in  1857,  that  the  monuments  at  the  Massachusetts  and  Ridgefield 
angles  ought  not  to  be  carried  further  east  to  give  the  requisite  breadth 
to  the  equivalent  tract. 

At  the  last  meeting  at  Pittsfield,  the  Connecticut  Commissioners  had 
claimed  that  the  line  of  intermediate  monuments  was  based  on  a  mis- 
taken survey  in  1731,  and  so  greatly  exceeded  the  area  called  for  by 
the  agreement  of  1725.  To  this  the  New  York  Commissioners  replied 
that  there  was  also  a  mistake  in  estimating  the  area  of  the  south  oblong, 
on  the  Sound,  set  off  to  Connecticut  in  1725. 

That  it  should  be  an  area  contained  in  13  miles  and  64  rods  long  by 
8  miles  wide,  instead  of  that  contained  in  12  miles  long  by  8  miles  wide. 

To  this  we  answered  that  it  cannot  be  made  to  appear  that  Connecti- 
cut, by  the  lines  actually  run,  did  then  receive  or  now  holds  any  more 
than  61,440  acres  within  a  twenty  mile  line  from  Hudson's  River  ; 
which  twenty  mile  line  was  all  that  New  York  then  claimed  ;  and  up 
to  which  Connecticut  then  held  undisputed  title  ;  and  upon  which 
admission,  on  both  sides,  the  agreement  of  1725  was  based. 

To  determine  the  truth  of  this,  before  quitting  the  field,  we  went  to 
the  Hudson  River  at  the  point  described  in  the  survey  of  1 725,  at  about 
one  mile  above  Philipse's  upper  mills,  and  took  the  bearing  of  the  east- 
ern shore  for  nine  miles  to  the  south,  from  seven  different  points.  The 
average  or  general  bearing  of  the  same  we  found  to  be  S.  17  deg.  39'  W. 

By  extending  a  line  from  the  southwest  corner  of  the  "equivalent 
tract,"  which,  by  the  survey  of  1731,  was  determined  to  be  20  miles 
from  Hudson  River  to  the  Sound  and  parallel  with  the  actual  bearing 
of  the  River  would  leave  in  Connecticut,  west  of  the  same,  within  the 
boundary  lines,  50,512  acres.  A  line  from  the  same  point  parallel  with 
the  general  bearing  of  the  east  shore  line  of  the  River  would  leave  in 
Connecticut  54,500  acres.  A  radius  starting  from  the  point  one  mile 
above  Philipse's  upper  mills,  to  the  southwest  corner  of  the  "equivalent 
tract,"  describing  an  arc  thence  to  the  Sound,  would  leave  in  Connecti- 
cut, west  of  the  same,  within  the  boundary  lines,  59,493  acres,  as  will 
more  fully  appear  from  the  accompanying  diagram  by  Prof.  Norton. 

These  observations,  carefully  made,  have  satisfied  us  that  no  mistake 
in  favor  of  Connecticut  was  made,  on  this  part  of  the  line,  in  1725. 

So  also,  for  the  allowance  of  25  rods  to  the  mile  in  the  breadth  of  the 
"equivalent  tract,"  we  received  the  excess  of  200  rods  on  the  eight 


Boundaries  of  the  State  of  New  York.  495 

mile  line  from  the  Sound;  but  for  the  allowance  of  12  rods  per  mile 
on  the  north  and  south  lines  of  the  north  oblong,  we  received  no  equiva- 
lent whatever. 

This  view  of  the  case  is  also  confirmed  by  the  New  York  Commis- 
sioners of  1725,  where  they  say,  in  a  letter  to  the  then  Governor  of 
New  York,  under  date  of  May  1 9th,  of  that  year,  in  speaking  of  meas- 
uring the  twenty  mile  line  from  Hudson's  River  without  any  allowance, 
"  We  thought  that  we  might  the  more  readily  agree  to  this  because  we 
doubted  whether  in  law  they  could  be  obliged  to  make  allowance, 
seeing  they  agreed  that  we  should  measure  these  lines  in  the  best 
manner  we  could.  The  yielding  these  small  things  as  a  favor  to  their 
settlers  made  them  more  willingly  agree  in  other  things  which  has 
given  this  province  twenty  times  the  quantity  of  land  which  may  be 
supposed  to  be  lost  by  the  strict  measure  in  this  part." 

The  calculations  of  1725,  for  the  most  part,  were  arbitrary,  and  so 
understood  on  both  sides.  With  them  we  find  no  fault,  but  only  claim 
that  the  agreement  then  made  should  be  evenly  and  justly  carried  out. 

The  New  York  Commissioners  insist  that  in  running  the  line  the 
intermediate  monuments  are  as  decisive  as  the  angle  monuments ;  and 
where  they  cannot  be  found,  their  places  must  be  determined  by  tradi- 
tion, or  traditionary  line  fences.  That  they  have  a  formal  deed  of 
cession,  describing  a  line  through  these  monuments;  and  that  under  it 
they  have  held  possession  for  over  one  hundred  years.  That  though  an 
erroneous  survey  at  first,  it  cannot  now  be  corrected ;  and  especially 
after  being  ratified  by  both  States. 

On  the  contrary,  our  claim  from  the  first  has  been  that  the  true 
boundary  between  the  States  was  and  is  a  straight  line  between  the 
angles  from  Byram  River  to  Massachusetts. 

That  the  angle  monuments  are  governing  monuments,  and  were  the 
only  ones  taken  info  account  in  making  the  estimate  of  the  area 
required  in  the  "  equivalent  tract,"  according  to  the  agreements  of  1683 
and  1725. 

That  the  deed  of  cession  was  for  sixty-one  thousand  four  hundred 
and  forty  acres,  measured  with  the  allowance  agreed  on,  and  no  more. 
That  although  the  line  was  described  as  running  through  the  intermedi- 
ate monuments,  it  was  also  described  as  a  line  parallel  with  the  west 
line,  which  they  said  was  a  straight  line;  which  being  inconsistent  with 
itself,  should  be  so  construed  as  to  give  effect  to  the  agreement  of  the 
parties  and  the  true  intent  of  the  Commissioners;  as  specially  set  forth 
in  said  deed  of  cession,  which  by  its  very  terms  is  so  restricted;  to  wit, 
"  Containing  sixty-one  thousand  four  hundred  and  forty  acres  of  land 
with  allowance  in  measure  as  aforesaid,  for  the  use  of  our  Sovereign 
Lord  the  King,  his  heirs  and  successors,  in  as  full  and  ample  a  manner 


496  Copies  of  Documents  Relating  to  the 

as  the  same  ought  to  be  done  by  the  agreement  and  covenants  entered 
into  between  the  Commissioners  of  the  said  Province  and  Colony  in  the 
year  one  thousand  six  hundred  and  eighty-three,  and  one  thousand  seven 
hundred  and  twenty-five." 

That  between  sovereign  States  no  adverse  possession  can  give  title; 
since  "no  limitation  runs  against  the  king;"  otherwise  a  change  of 
individual  farm  lines  would  work  a  change  of  State  boundary  every 
twenty  years  by  adverse  user,  and  destroy  all  permanent  jurisdiction. 

That  the  boundary  has  been  supposed  to  be,  and  described  by,  straight 
lines,  as  is  evident  from  all  the  maps  or  other  description  of  the  terri- 
tory, down  to  1856.  That  such  lines  alone  are  practicable  because  cer- 
tain, or  capable  of  being  made  certain ;  and  whatever  changes  or  dis- 
turbances may  occur  on  the  line,  it  may  be  easily  and  accurately 
recovered  by  a  survey;  while  in  the  other  case,  such  disturbances  would 
give  rise  to  the  periodical  necessity  of  boundary  commissions  like  the 
present,  with  all  the  expense  and  disagreements  attending  them.  In 
accordance  with  this  view,  the  last  Commissioners  surveyed  straight 
lines  between  the  angles,  and  on  a  part  of  the  line  planted  artificial 
monuments;  but  which  not  being  ratified  will  hereafter  serve  only  to 
add  to  the  confusion  already  existing.  That  an  erroneous  survey  can 
and  ought  to  be  corrected,  especially  when  the  error  is  so  great  and  seri- 
ous as  this,  between  sister  States  —  and  this  very  thing  was  done  between 
these  same  parties,  and  in  favor  of  New  York,  in  1683,  as  will  appear  by 
an  examination  of  the  old  documents. 

On  December  1st,  1664,  an  agreement  was  made  at  New  York  by  the 
Commissioners  of  the  Duke  of  York,  and  the  Governor  and  Commis- 
sionei'S  of  the  General  Assembly  of  Connecticut,  by  which  they 
"ordered  and  declared"  that  a  line  drawn  north  northwest  from  Mama- 
roneck  creek  to  the  Massachusetts  line  to  be  the  bouudary  between  New 
York  and  Connecticut.  Under  this,  for  some  twenty  years,  Connecti- 
cut claimed  jurisdiction  up  to  that  line.  Yet  it  was  afterwards  found 
to  be  an  error,  and  although  it  had  been  confirmed,  it  was  corrected  by 
the  agreement  of  1683  and  the  survey  of  October  10,  1684.  In  the 
meantime  Rye,  and  it  is  thought  Bedford  also,  had  been  organized  and 
settled  under  Connecticut,  and  mostly  by  her  inhabitants.  After  the 
transfer,  they  made  serious  complaint,  and  long  resisted  it;  but  it  was 
adhered  to,  notwithstanding  the  formal  settlement  of  1664,  because  it 
was  claimed  by  New  York  as  called  for  by  an  honest  and  fair  interpre- 
tation of  the  agreement  of  1683. 

Another  fact  in  the  early  history  of  this  boundary  may  tend  towards 
an  explanation  of  the  variations  of  the  intermediate  monuments  from  a 
straight  line.  On  September  3d,  1730,  Thomas  Hawley  and  twenty-one 
others  living  on  the  equivalent  tract,  assooiated  with  "  residents  of  New 


Boundaries  of  the  State  of  New  York.  497 

York  having  political  influence  and  official  position,"  petitioned  the  New 
York  Council,  offering,  if  they  could  have  fifty  thousand  acres  of  the 
equivalent  lands  secured  to  them  in  fee,  to  defray  the  charge  of  com- 
pleting the  boundary  line,  which  was  to  set  off  the  oblong.  The  coun- 
cil, the  same  day,  acceded  to  their  proposal,  and  Commissioners  were 
accordingly  appointed." 

Soon  after  the  survey,  a  patent  for  fifty  thousand  acres,  covering  the 
greater  part  of  the  oblong,  was  granted  to  Hawley  and  his  associates. 
Immediately  after  the  survey  and  indenture  of  1731,  and  before  Hawley 
&  Co.  had  received  their  patent  from  the  Council  of  New  York, 
■*  Francis  Harrison,  who  had  been  one  of  the  Commissioners  in  settling 
the  boundary  and  a  partner  in  the  procurement  of  the  patent,"  secretly 
obtained  from  England  a  patent  for  other  parties,  of  prior  date,  in  order 
to  get  the  start  of  the  first  claimants.  But  Hawley  &  Co.  relied  on 
their  contract  with  the  authorities  of  New  York  and  the  expense  of  two 
thousand  pounds  which  they  had  incurred.  All  which  facts  becoming 
known  stirred  up  the  public  indignation  against  Harrison  to  such  a 
degree  as  to  lead  him  permanently  to  leave  the  Province.  The  lands 
were  divided  among  the  Hawley  patentees,  to  whom  the  present  owners 
trace  their  titles.  Thus  it  was  for  the  interest  of  those  who  paid  for 
the  survey  to  have  these  perpendiculars  extended  as  far  east  as  possible. 
The  following  table  will  show  the  variation  of  the  traditionary  from 
the  straight  line,  at  the  several  intermediate  points  and  stone  heaps 
between  the  Massachusetts  and  Ridgefield  angles,  which  are  common 
to  both,  beginning  at  the  latter. 

Distance  from  Traditionary  Line  to  Straight  Line. 

Rods.       Links. 

At  Ridgefield  angle 0  — 

Second  mile  stone  heap  is  east  of  straight  line, 22  —     9 

At  about  3  miles  traditionary  line  fence  is  east  of  straight 

line, 17  — 

At  about  3^  miles  traditionary  line  fence  is  east  of  straight 

line, 24  — 

Fourth  mile  stone  heap  is  east  of  straight  line, 29  —     2 

At  about  h\  miles  traditionary  line  fence  is  east  of  straight 

line, 41  —     1 

Eighth  mile  stone  heap  is  east  of  straight  line, .  .• 30  —  22 

Twelfth  mile  stone  in  fence  is  east  of  straight  line, 46  —  19 

At  about  13£  miles  traditionary  line  fence  is  east  of  straight 

line, 34  —     1 

Fourteenth  mile  stone  heap  is  east  of  straight  line, 33  —     9 

Sixteenth  mile  stone  heap  is  east  of  straight  line, 21  —  23 

32 


498  Copies  of  Documents  Relating  to  the 

Rods.      Links. 

Eighteenth  mile  stone  heap  is  east  of  straight  line, 31  — 

Twentieth  mile  stone  heap  is  east  of  straight  line, 28  —  24 

At  about  21£  miles  traditionary  line  fence  is  east  of  straight 

line, 30  — 

At  about  24f  miles  traditionary  line  fence  is  east  of  straight 

line, 37  — 

At  about  25-L  miles  traditionary  line  fence  is  east  of  straight 

line, 38  —  12 

Thirtieth  mile  stone  heap  is  east  of  straight  line, 24  —     8 

At  31y7^  miles  traditionary  line  fence  is  west  of  straight  line,     8  —  20 

Thirty-third  mile  stone  heap  is  west  of  straight  line, 1  —     5 

Thirty- fifth  mile  stone  heap  is  east  of  straight  line, 21  —  14 

At  34-j^j-  miles  traditionary  line  fence  is  east  of  straight  line,  13  —  22 

At  36^  miles  traditionary  line  fence  is  east  of  straight  line,  21  —   11 
At  36T^  "  Hitchk  Cor11  S.  Centre  of  street  is  east  of  straight 

line, 18  —  19 

"  Hitch*  Corn  N.  Centre  of  street  is  east  of  straight 

line, 23  —  16 

At  39T7¥  miles  traditionary  line  fence  is  east  of  straight  line,  30  —  23 
At  about  41|-  miles  traditionary  line  fence  is  east  of  straight 

line, 3V  —  15 

Forty-seventh  mile  place  is  east  of  straight  line, 35  —  21 

At  Massachusetts  angle  52^  miles  surface  measure, 0  — 

The  following  table  will  show  the  relative  position  of  those  monu- 
ments whose  distances  were  determined  by  the  measurement  of  1856  ; 
their  variation  from  the  true  distance  as  calculated  from  the  angle  at 
Ridgefield  ;  their  variation  from  the  first  monument ;  their  inter- 
mediate variation;  and  their  variation  from  the  straight  line  between 
the  angles,  in  chains  and  links,  plus  or  minus. 


Monts. 

Cal.  Dist. 

1856. 
Meas'd  Diet. 

Va.  fr. 
Angle. 

Va.  fr.  1st 
Mt. 

Int.  Va. 

Va.  fr.  St. 
Line. 

2 

111.50 

106.00 

—     5.50 

5.59 

East. 

4 

271.50 

264.50 

—     7.00 

—     1.50 

—     1.50 

7.27 

<( 

8 

591.50 

590.00 

—     1.50 

+     4.00 

+     5.50 

7.72 

" 

12 

911.50 

920.00 

+     8.50 

+    14.00 

+   10.00 

11.69 

w 

14 

1071.50 

1070.00 

—     1.50 

+     4.00 

—  10.00 

8.34 

" 

16 

1231.50 

1230.00 

—     1.50 

+     4.00 

5.48 

" 

20 

1551.50 

1537.00 

—  14.50 

—    9.00 

—  13.00 

7.24 

" 

30 

2351.50 

2350.00 

—     1  50 

+     4.00 

+   13.00 

6.08 

" 

33 

2591.50 

2552.00 

—  39.50 

—  34.00 

—  38.00 

1.80 

West. 

35 

2751.50 

2735.00 

—  16.50 

—  11.00 

+  23.00 

5.39 

East. 

Boundaries  of  the  State  of  New  York.  499 

To  the  reasons  of  the  New  York  Commissioners  in  declining  the  last 
proposition  of  the  Connecticut  Commissioners  it  was  replied  that  we 
did  not  claim  by  it  to  establish  a  new  line,  but  to  ascertain  and  settle 
the  true  line.  That  this  was  to  be  done  by  evidence  derived  from  all 
sources,  and  especially  from  original  documents  as  superior  to  that  of 
any  doubtful  monuments  or  traditionary  marks.  That  it  is  fair,  because 
it  is  in  conformity  with  what  both  parties  originally  assented  to  and 
attempted  to  carry  out;  and  because  it  gives  to  New  York  all  and  more 
than  that  agreement  called  for  ;  and  much  more,  in  quantity,  than  what 
we  received.  That  there  is  no  want  of  power,  in  the  States,  to  find  out 
and  settle  what  is  their  true  boundary  line,  and  to  carry  out  in  good 
faith  what  has  been  already  understandingly  agreed  upon.  It  was  not 
claimed  that  the  Commissioners  had  plenary  powers ;  but  that  while 
they  cannot  conclude  any  thing,  it  is  their  duty  to  recommend,  for  the 
adoption  and  ratification  of  the  States,  such  a  line  as  justice  and  equity 
shall  dictate,  and  such  as  may  be  demanded  by  the  nature  of  the  case. 

The  undersigned  have  acted  in  conformity  with  these  views  in  the 
proposition  they  have  made,  varying  from  a  straight  line  only  at  Hitch- 
cock's Corners,  for  reasons  therein  stated. 

Having  offered,  in  the  spirit  of  accommodation,  all  that  can  reasona- 
bly be  asked,  what  remains  to  be  done  to  bring  about  a  final  and  satis- 
factory adjustment  of  this  matter  ?  This  is  a  question  for  your 
Honorable  Body  to  determine. 

If  no  better  way  can  be  devised,  and  the  Legislature  of  New  York 
shall  concur,  it  might  be  decided  by  arbitration,  by  authorizing  the 
Governors  of  the  respective  States  to  choose  some  judicious  person  from 
another  State,  and  they  the  third,  who,  after  hearing  the  whole  case 
from  the  Commissioners  of  the  two  States,  shall  settle  the  principle  on 
which  the  line  shall  be  run,  and  which  shall  be  binding  with  or  with- 
out ratification,  as  the  two  States  may  judge  fit. 

The  following  diagrams,  numbered  from  1  to  5,  with  explanations, 
drawn  by  Prof.  William  A.  Norton,  Engineer,  are  submitted  herewith.1 

No.  1.  Showing,  on  a  small  scale,  the  course  of  the  Boundary  Line, 
the  lines  run  in  establishing  the  angular  points,  and  the  manner  of  lay- 
ing off  the  "  Equivalent  Tract,"  by  perpendicular  offsets;  together  with 
the  monuments  found  by  the  Commissioners,  and  points  ascertained  on 
the  line  fences. 

1  These  diagrams  are  not  severally  reproduced  in  the  Report  as  found  in  the 
Conn.  Gen.  Assem.  Reports,  &c,  of  1860;  but  in  place  of  them  is  a  small  "  Diagram 
illustrating  the  surveys  made  in  1725  and  1731,  to  establish  the  Boundary  Line 
between  New  York  and  Connecticut ;  and  showing  the  irregularities  of  the  boundary, 
on  an  enlarged  scale."  This  diagram  seems  to  include  substantially  what  is 
described  as  belonging  to  the  original  diagrams  1,  3  and  5. — [P. 


500  Copies  of  Documents  Relating  to  the 

No.  2.  Showing  the  bearing  and  lengths  of  the  Boundary  Lines,  and 
the  area  of  the  "  Equivalent  Tract,"  as  determined  by  the  stations 
established  for  the  angular  points. 

No.  3.  Showing,  on  a  large  scale,  the  disagreement  between  the 
straight  and  traditionary  lines;  with  the  monuments  found,  and  points 
ascertained  on  the  line  fences,  supposed  to  be  at  the  ends  of  the  per- 
pendicular offsets. 

No.  4.  Showing  the  profile  of  the  line  from  the  northwest  corner  to 
the  northeast  corner  of  the  "  Equivalent  Tract,"  with  the  measurementB 
along  the  same. 

No.  5.  Showing  the  position  of  the  south  "  oblong  "  relatively  to  the 
Hudson  River,  and  the  area  thrown  into  Connecticut,  within  twenty 
miles  of  said  river. 

Since  writing  the  foregoing,  we  have  received  from  the  New  York 
Commissioners  a  copy  of  an  "  Act "  passed  at  the  last  session  of  their 
Legislature,  in  the  words  following,  to  wit  — 

"An  Act  to  provide  for  the  survey  and  settlement  of  the  boundary 
line  between  the  States  of  New  York  and  Connecticut,  and  for  the 
expenses  thereof.1 

In  accordance  with  the  above  act,  the  New  York  Commissioners  have 
notified  the  Connecticut  Commissioners  under  date  of  April  4,  1860, 
that  on  the  15th  day  of  May  next  they  will  commence  a  survey  of  said 
boundary  line  at  the  monument  in  the  line  of  the  state  of  Massachusetts, 
and  continue  it  until  completed  ;  and  designate  the  same  by  the  erection 
of  suitable  monuments  —  adding  this  invitation:  "And  you  are  respect- 
fully invited  and  earnestly  solicited  to  join  in  such  survey  and  the  marking 
of  said  line  commencing  at  the  time  and  place  aforesaid." 

While  the  above  act  and  notice  contemplate  the  establishing  a  bound- 
ary line  between  the  states  without  the  cooperation  of  Connecticut,  they 
have  been  pleased  to  invite  us  to  join  in  their  survey,  with  what  intent 
and  meaning,  it  is  not  for  the  undersigned,  but  for  your  Honorable 
Body,  to  determine. 

All  which  is  respectfully  submitted. 

O.  H.  PERRY, 
P.  S.  BEEBE, 
JOS.  R.  HAWLEY. 
New  Haven,  May  3d,  1 860. 

— [Conn.  Gen.  Assem.  Reports,  &c,  1860,  No.  15. 

1  For  the  body  of  this  act,  see  page  479,  ante. — [P. 


Boundaries  of  the  State  of  New  York.  501 

[In  Conn.  House  of  Representatives.] 

May  4,  1860. 

*  *  *  * 

Mr.  Mathewson  of  Pomfret,  introduced  a  joint  resolution  that  a 
Joint  Select  Committee,  consisting  of  one  Senator  and  eight  Repre- 
sentatives, be  raised  upon  that  portion  of  His  Excellency,  the  Governor's 
message,  which  relates  to  the  Connecticut  and  New  York  boundary 
line. 

On  motion,  the  resolution  was  passed. 

*  *  *  * 

The  Speaker  announced  the  appointment  of  the  Joint  Select  Com- 
mittee on  the  boundary  line  between  the  States  of  Connecticut  and 
New  York,  as  follows : 

Messrs.  Deming  of  Hartford, 
Scranton  of  Madison, 
Smith  of  Colchester, 
Loomis  of  Bridgeport, 
Mathewson  of  Pomfret, 
Battell  of  Norfolk, 
Child  of  Portland, 
Newell  of  Union. 

*  *  *  * 

A  joint  resolution,  referring  so  much  of  the  message  of  his  Excellency, 
the  Governor,  as  relates  to  the  Connecticut  and  New  York  boundary 
line,  to  a  Joint  Select  Committee  to  be  raised,  was  received  from  the 
Senate,  passed. 

On  motion,  the  resolution  was  indefinitely  postponed. 

*  *  *  * 

The  report  of  the  Commissioners  on  the  boundary  line  between  the 
States  of  Connecticut  and  New  York,  with  accompanying  maps  and 
diagrams,  was  received  and  referred  to  the  Joint  Select  Committee  on 
the  boundary  line  between  the  States  of  Connecticut  and  New  York. 

Said  report  was  ordered  to  be  printed,  and  the  printing  of  the  maps 
and  diagrams  was  left  discretionary  with  said  Committee. 

*  *  *  * 
— [Conn.  House  Journal,  1860,  pp.  55,  56,  57. 


502  Copies  of  Documents  Relating  to  the 

[In  Conn.  Senate.] 

May  6,  1 860. 

*  *  *  * 

A  resolution  came  from  the  House,  passed,  to  raise  a  Joint  Select 
Committee  of  one  Senator  and  eight  Representatives,  upon  that  por- 
tion of  the  Governor's  message  which  relates  to  the  boundary  line 
between  the  States  of  Connecticut  and  New  York. 

On  motion  of  Mr.  Curtiss,  the  resolution  was  laid  upon  the  table. 

*  *  *  * 
— [Conn.  Sen.  Journal,  1860,  p.  51. 


May  7,  1860. 
*  *  *  * 

The  report  of  the  Commissioners  on  the  Boundary  Line  between 
Connecticut  and  New  York  was  received  from  the  House  of  Repre- 
sentatives, referred  to  the  Joint  Select  Committee  on  the  Boundary 
Line  of  Connecticut  and  New  York. 

On  motion,  the  Senate  concurred  with  the  House  in  the  reference. 


A  joint  resolution,  referring  so  much  of  the  message  of  his  Excellency, 
the  Governor,  as  relates  to  the  Connecticut  and  New  York  Boundary 
Line,  to  a  Joint  Select  Committee,  to  be  raised,  passed  in  the  Senate, 
was  received  from  the  House  of  Representatives,  indefinitely  postponed. 

On  motion,  the  Senate  concurred  with  the  House  and  indefinitely 
postponed  said  resolution. 

A  joint  resolution  for  raising  a  Joint  Select  Committee,  consisting  of 
one  Senator  and  eight  Representatives,  upon  that  portion  of  his  Excel- 
lency, the  Governor's  message,  as  relates  to  the  Boundary  Line  between 
the  State  of  Connecticut  and  New  York,  passed  in  the  House,  which,  on 
motion  of  Mr.  Curtiss  had  been  laid  upon  the  table,  was  called  up. 

On  motion,  the  Senate  concurred  with  the  House  in  the  passage  of 
the  same. 

*  *  *  * 

The  President  announced  the  appointment  of  the  following  Joint 
Select  Committee  on  the  part  of  the  Senate,  viz: 

On  Connecticut  and  New  York  Boundary  Line,  Mr.  Curtiss. 

*  *  *  * 
— [Conn.  Sen.  Journal,  1860,  pp.  52,  54,  55. 


Boundaries  of  the  State  of  New  Tore.  503 

May  11,  1860. 
*  *  *  * 

The  report  of  the  Commissioners  on  the  Connecticut  and  New  York 
Boundary  Line,  which  report  had  been  accepted  and  referred  to  the 
Joint  Select  Committee  on  the  Connecticut  and  New  York  Boundary 
Line,  was,  on  motion  of  Mr.  Curtiss,  called  up,  and,  on  further  motion,  the 
vote  referring  the  same  was  reconsidei-ed,  and,  on  further  motion,  it  was 
Ordered,  That  the  same  be  transmitted  to  the  House  of  Representa- 
tives for  correction,  the  same  having  been  ordered  printed  in  the  House. 

— [Conn.  Sen.  Journal,  1860,  p.  88. 


May  15,  1860. 

The  report  of  the  Commissioners  of  the  Connecticut  and  New  York 
boundary  line  was  received  from  the  House  of  Representatives,  accepted 
and  referred  to  the  Joint  Select  Committee  on  the  Connecticut  and  New 
York  Boundary  Line,  with  instructions  to  the  Committee  to  cause  said 
report  to  be  printed,  with  the  small  diagram  accompanying  the  same, 
explanatory  of  said  report;  and  also  giving  said  Committee  discretionary 
power  to  have  published  or  lithographed  the  large  diagrams  or  maps 
accompanying  the  report  of  the  Commissioners. 

On  motion,  the  Senate  concurred  with  the  House  in  the  acceptance  of 
the  report  and  in  the  printing  of  the  same. 

*  *  ♦  * 

— [Conn.  Sen.  Journal,  1860,  p.  93. 


,} 


June  21,  1860. 
*  *  *  * 

Mr.  Curtis,  from  the  Joint  Select  Committee  on  the  Connecticut  and 
New  York  Boundary  Line,  by  leave  of  the  Senate  submitted  the  fol- 
lowing report  and  accompanying  resolution: 

"  Geneeal  Assembly, 

May  Session,  A.  D.  1 860. 

"  The  Joint  Select  Committee  to  whom  was  referred  so  much  of  the 
message  of  his  Excellency,  the  Governor,  as  relates  to  the  boundary  line 
between  the  States  of  Connecticut  and  New  York,  respectfully  report: 

That  the  Commissioners  appointed  on  the  part  of  this  State  to 
ascertain  and  settle  said  boundary  line,  have  been  unable  to  agree  with 
the  Commissioners  on  the  part  of  the  State  of  New  York,  and  that 
the  grounds  of  difference  are  fairly  and  fully  set  forth  in  the  report  of 
the  Commissioners  of  this  State,  made  to  this  session  of  the  General 
Assembly,  and  now  on  file  in  the  office  of  the  Secretary  of  State.    • 


504  Copies  of  Documents  Relating  to  the 

That  the  action  of  the  Connecticut  Commissioners  in  regard  to  said 
boundary  is  fully  sanctioned  and  approved  by  your  Committee,  and 
they  further  find  that  the  Connecticut  Commissioners  have  fairly  and 
honorably  endeavored  to  settle  the  various  questions  in  controversy 
concerning  said  boundary,  by  repeated  propositions  to  the  Commis- 
sioners on  the  part  of  the  State  of  New  York. 

That  on  the  6th  day  of  June,  1860,  they  submitted  to  the  considera- 
tion of  the  New  York  Commissioners  the  following  propositions,  to  wit: 

1st.  Begin  at  a  point  in  the  north  center  and  near  the  north  end  of 
the  street  running  through  the  village  of  Hitchcock's  Corners,  and 
thence  run  in  straight  lines  to  the  Ridgefield  and  Massachusetts  angles. 

2d.  Move  the  angle  bounds  at  Ridgefield  and  on  the  Massachusetts 
line,  five  chains  and  ninety-one  links  east  of  their  present  positions,  and 
connect  the  same  by  a  straight  line  running  through  the  same  points 
in  the  said  center  of  the  north  end  of  the  street  at  Hitchcock's  Corners." 

3d.  In  case  both  of  said  propositions  are  rejected  by  the  New  York 
Commissioners,  then  let  us  submit  the  subject  to  arbitration,  each  party 
choosing  a  disinterested  person,  not  an  inhabitant  or  citizen  of  either 
State,  which  two  shall  choose  a  third  of  like  qualifications.  Said  arbi- 
trators shall  hear  the  claims  of  each  State,  and  decide  where  the  line  in 
dispute  ought  to  be  run.  It  being  understood  and  agreed  that  the  said 
board  of  arbitrators  shall  take  into  consideration  not  only  the  legal 
questions  involved,  but  any  and  all  considerations  of  equity,  public 
policy,  and  convenience.  All  of  which  propositions  were  rejected  by 
the  New  York  Commissioners. 

Your  Committee  further  find  that  the  Legislature  of  the  State  of 
New  York  have  passed  an  act  providing  for  an  independent  survey  of 
said  boundary  line,  and  thus,  unless  the  State  of  New  York  recedes 
from  its  present  position  in  reference  thereto,  no  further  action  can  be 
had  by  our  present  Board  of  Commissioners. 

That  in  order  to  prevent  the  disastrous  consequences  which  must 
arise  in  consequence  of  such  independent  action  on  the  part  of  the  State 
of  New  York,  your  Committee  recommend, 

That  his  Excellency,  the  Governor,  be  and  he  is  hereby  empowered  to 
propose  to  the  Governor  of  the  State  of  New  York  the  two  first  proposi- 
tions herein  mentioned,  and,  in  case  of  their  rejection,  to  submit  the 
whole  matter  in  controversy  to  final  arbitration.  All  of  which  is 
respectfully  submitted,  together  with  the  accompanying  resolution: 

JULIUS   B.  CURTIS, 

Chairman. 

H.  C.  DEMING, 

Chairman  on  the  part  of  the  House  of  Representative*. 


Boundaries  of  the  State  of  New  York.  505 

Resolved,  That  his  Excellency,  the  Governor,  be,  and  he  is  hereby 
empowered  to  make  the  two  following  propositions  to  the  Governor  of 
the  State  of  New  York,  to  wit: 

1st.  Beginning  at  a  point  in  the  north  center,  and  near  the  north  end 
of  the  street  running  through  the  village  of  Hitchcock's  Corners,  and 
from  thence  in  straight  lines  to  the  Ridgefield  and  Massachusetts 
angles;  or, 

2d.  Move  the  angle  bounds  at  Ridgefield,  and  on  the  Massachusetts 
line,  five  chains  and  ninety-one  links  east  of  their  present  positions,  and 
connect  the  same  by  a  straight  line  running  through  said  point,  in  the 
said  center  of  the  north  end  of  the  street  at  Hitchcock's  Corners. 

And,  in  case  of  the  rejection  of  the  aforesaid  proposals,  he  is  empow- 
ered to  submit  the  controversy  concerning  so  much  of  said  boundary 
line  as  lies  between  the  Ridgefield  angle  and  the  Massachusetts  bound- 
ary, to  final  arbitration,  in  such  manner  as  he  shall  deem  expedient,  and 
shall  have  full  power  to  direct  the  present,  or  any  subsequent  Board  of 
Commissioners,  in  accordance  with  the  powers  herein  conferred,  and  be 
subject  to  the  action  of  the  next  General  Assembly. 

The  question  being  upon  accepting  the  report  of  the  Committee,  and 
passing  the  resolution, 

The  question,  "  Shall  the  resolution  pass  ?  "  was  put,  and  decided  in 
the  affirmative. 

So  the  resolution  was  passed,  as  by  the  Committee  recommended,  and, 

on   further  motion,  the  accompanying  report  of  the   Committee   was 

accepted. 

*  *  *  * 

— [Conn.  Sen.  Journal,  1860,  p.  511. 


[In  Conn.  House  of  Representatives.] 

June  22,  1860. 
*  *  *  * 

The  report  of  the  Joint  Select  Committee,  to  whom  was  referred  so 
much  of  the  message  of  his  Excellency,  the  Governor,  as  relates  to  the 
boundary  line  between  the  States  of  Connecticut  and  New  York,  report- 
ing that  they  had  attended  to  the  duties  of  their  appointment,  and 
recommending  the  passage  of  the  following  resolution,  viz. :  [as  already 
given  above],  *  *  was  received  from  the  Senate,  the  report  of  the 
Committee  being  accepted,  and  the  accompanying  resolution  being 
passed,  as  by  the  Committee  recommended. 

The  question  being  upon  the  passage  of  the  resolution, 
The  question,  "  Shall  the  resolution  pass  ?  "  was  put,  and  decided  in 
the  affirmative. 


506  Copies  of  Documents  Relating  to  the 

So  the  resolution  was  passed,  as  by  the  Committee  recommended,  and, 
on  further  motion,  the  House  concurred  with  the  Senate  in  accepting 
the  report  of  the  Committee. 

*  *  *  * 

— [Conn.  House  Journal,  1860,  p.  516. 


[Gov.  Morgan  to  N.  Y.  Legislature.] 

January  2,  1861. 

*  *  *  * 

The  commissioners  appointed  by  the  act  of  April  3,  1860,  to  ascertain 
and  mark  the  boundary  line  between  the  States  of  New  York  and  Con- 
necticut, in  conformity  with  the  survey  of  1731,  have  been  unable  to 
agree  with  those  on  the  part  of  the  latter  State.  The  various  propositions 
made  having  been  declined,  and  the  joint  commission  failing  to  agree 
upon  a  basis,  the  commissioners  for  this  State  proceeded  to  run,  and 
have  run  and  marked  a  line,  which  is  represented  as  being  satisfactory 
to  the  people  on  both  sides  of  the  boundary,  and  have  placed  monu- 
ments at  the  proper  points.  Their  report,  presenting  the  details  of 
their  proceedings,  will  be  transmitted  to  you,  together  with  a  commu- 
nication from  the  Executive  of  Connecticut. 

*  *  *  * 

— [N~.  Y.  Sen.  Journal,  1861,  p.  24. 


[In  N.  Y.  Senate.] 


February  8,  1861. 


* 


Mr.  Ketcham  presented  the  report  of  the  Commissioners  appointed  to 
ascertain  and  settle  the  boundary  line  between  the  States  of  New  York 
and  Connecticut,  which  was  laid  on  the  table  and  ordered  printed. 

*  *  *  * 

— N.  Y  Sen.  Journal,  1861,  p.  161. 


Boundaries  of  the  State  of  New  York.  507 

STATE  OF  NEW  YORK. 

No.  36. 
In.  Senate,    February    8,    1861. 


REPORT 

Of  the  Commissioners  to  ascertain  and  settle  the  boundary  line  between 
the  States  of  New  York  and  Connecticut. 

Albany,  February  8,  1861. 
Hon.  Robert  Campbell,  President  of  the  Senate. 

Sir  —  The  undersigned  Commissioners,  appointed  to  ascertain  and 
settle  the  boundary  line  between  the  States  of  New  York  and  Con- 
necticut, herewith   transmit  to  the  Legislature  a  full  report  of  their 

proceedings,  and  of  the  expenses  incident  thereto. 

i 

Respectfully  yours, 

ISAAC  PLATT. 
JACOB  VROMAN. 
LEANDER  D.  BROWN. 


REPORT. 

The  controversy  between  the  States  of  New  York  and  Connecticut 
has  been  called,  and  perhaps  justly,  one  of  the  most  extraordinary  of 
the  kind,  especially  in  enlightened  times  and  between  friendly  States, 
each  professing  to  have  a  proper  regard  for  the  rights  of  the  other. 

It  is  difficult,  if  not  impossible,  to  account  for  the  many  embarrass- 
ments and  controversies  that  have  attended  it,  extending  over  a  period 
of  about  two  centuries,  and  its  history  is  worthy  of  special  attention  at 
this  time,  as  illustrative  of  the  importance  of  our  position,  when  we  feel 
that  we  may  be  warranted  in  stating  that  it  has  been  finally  terminated 
in  a  manner  just  to  the  respective  States,  and  satisfactory  to  all  directly 
concerned. 

A  reference  to  a  few  prominent  facts  will  serve,  not  only  to  show  the 
character  the  controversy  has  at  times  assumed  in  the  distant  past,  but 
in  events  of  recent  date,  and  also  the  importance  of  the  conclusions  to 
which  we  have  arrived,  fully  sustaining  the  interests  of  New  York  while 
respecting  as  sacredly  the  rights  of  Connecticut. 

The  original  strife  had  its  origin  in  the  early  settlement  of  emigrants 
from  Connecticut  on  Long  Island  Sound,  within  territory  claimed  and 
held  by  New  York.     The  bounds  of  the  respective  provinces  not  being 


508  Copies  of  Documents  Relat[?to  to  the 

defined  by  any  distinct  lines,  and  the  people  not  fraternizing  with 
the  Dutch  settlers  of  New  York,  but  being  anxious  to  remain  under  the 
jurisdiction  of  Connecticut,  an  effort  was  first  made  in  1664  to  have  a 
boundary  located  and  defined,  and  for  that  purpose  Commissioners  were 
appointed  on  the  part  of  the  Duke  of  York,  and  delegates  on  that  of 
the  colony  of  Connecticut.  An  arrangement  between  these  parties  was 
made,  but  so  little  was  then  known  of  the  situation  of  the  country  and 
the  interior  localities,  that  it  was  found  so  full  of  errors  it  could  not  be 
carried  into  effect,  and  was  therefore  by  consent  abandoned.  But  the 
settlements  went  on,  and  controversies  respecting  jurisdiction  were  so 
frequent,  that  in  1683  a  new  agreement  was  made  to  remove  the  trou- 
bles, in  which  it  was  stipulated  that  a  tract  on  the  Sound,  the  bounds 
of  which  were  described  to  contain  61,440  acres,  should  be  permanently 
set  off  to  Connecticut  by  New  York,  on  condition  that  the  former  should 
in  exchange  set  off  to  New  York  a  territory  of  like  extent,  to  be  of  equal 
width  from  the  tract  on  the  Sound  to  the  south  line  of  Massachusetts. 
This  agreement  was  sanctioned  by  a  royal  ordinance  of  William  the 
Third,  and  carried  into  effect  in  1684,  so  far  that  the  tract  on  the  Sound 
was  surveyed  and  set  off  to  the  full  possession  of  Connecticut. 

A  simple  contract  to  make  an  exchange  of  an  equal  number  of  acres 
of  land  was  certainly  not  apparently  one  of  difficult  execution,  and  the 
natural  conclusion  of  the  disinterested  observer  would  be,  that  its  fulfill- 
ment, on  both  sides,  would  immediately  follow.  But  instead  of  such 
prompt  fulfillment,  while  Connecticut  had  her  share  secured,  and  in 
possession,  the  equivalent  due  New  York  was  withheld  under  various 
pretexts,  for  the  extraordinary  period  of  forty-eight  years.  The  obsta- 
cles in  the  way  of  a  settlement  were  invariably  made  on  the  part  of 
Connecticut,  and  in  no  instance  on  that  of  New  York,  rendering  it 
doubtful  for  a  time  whether  the  latter  would  ever  obtain  her  share 
at  all. 

The  singular  fact  appears  that  instead  of  taking  steps  to  carry  her 
agreement  of  1683  into  effect,  Connecticut  made  no  movement  until 
1697,  when  she  encouraged  the  towns  of  Rye  and  Bedford,  in  West- 
chester county,  to  revolt  against  New  York,  claiming  them  as  her 
territory,  and  the  same  Governor  who  had  signed  the  contract  alluded 
to,  fourteen  years  previously,  demanded  those  towns  for  Connecticut, 
in  violation  of  that  contract  which  placed  them  beyond  dispute  in  New 
York. 

After  the  contest  respecting  Rye  and  Bedford,  matters  remained 
stationary  for  twenty  years,  and  until  1717,  when  New  York  made 
another  attempt  to  obtain  her  rights,  by  passing  an  act  to  provide  for 
the  survey  of  the  equivalent  tract.  At  her  solicitation,  in  1718,  com- 
missioners were  appointed  on  the  part  of  Connecticut  to  meet  those  of 


Boundaries  of  the  State  of  New  York.  509 

New  York  already  appointed,  but  their  labors,  on  consulting,  were 
without  effect,  as  those  of  Connecticut  would  agree  to  nothing  practi- 
cal, and  were  not  vested  with  authority  to  bind  their  government. 

In  the  following  year  New  York  made  a  further  attempt  at  an  arrange- 
ment, by  appointing  another  set  of  Commissioners  to  meet  those  of 
Connecticut  and  settle  the  line  amicably;  and  as  all  previous  efforts  had 
proved  unavailing,  it  was  provided  in  this  instance,  that  if  Connecticut 
would  not  assent  to  something  practical,  the  New  York  Commissioners 
should  be  authorized  to  proceed  alone,  to  run,  and  fix  the  line  ex  parte, 
but  in  strict  conformity  with  the  agreement  of  1683,  nine  months'  notice 
being  first  given  to  Connecticut,  to  give  her  Commissioners  an  opportu- 
nity to  participate  in  the  work  if  so  disposed.  This  act  was  subsequently 
sanctioned  by  a  royal  ordinance,  although  the  agents  of  Connecticut  in 
England  at  the  time  made  every  effort  in  their  power  to  prevent  it. 

This  last  act  brought  the  controversy  to  such  a  position  that  Connec- 
ticut was  finally  obliged  to  take  definite  action.  Still,  nothing  decisive 
followed,  although  various  propositions  were  made,  and  acts  passed, 
until  1 723,  when  Commissioners  with  authority  to  act  and  settle  the 
boundary  from  Long  Island  Sound  to  Massachusetts  line  were  again 
appointed  On  both  sides. 

These  Commissioners  held  several  meetings  in  1724,  but  at  all  these 
nothing  was  accomplished  in  consequence  of  the  steady  refusal  of  those  of 
Connecticut  to  test  the  correctness  of  the  points  claimed  by  them  as 
authentic  monuments  defining  the  bounds  of  the  tract  on  the  Sound 
ceded  by  New  York;  and  also  by  reason  of  their  questioning  the  provi- 
sions of  the  agreement  of  1683,  for  ceding  to  New  York  lands  over 
twenty  miles  east  of  Hudson  river.  The  proceedings  were  ended  by 
their  abruptly  leaving  the  conference. 

But  in  1724  Connecticut  took  definite  action  in  the  case,  and  again 
appointed  Commissioners  on  her  part,  fully  authorized  in  this  instance 
to  enter  into  an  agreement  with  those  of  New  York  to  survey  and 
set  off  the  equivalent  tract,  and  fix  and  mark  the  line  to  divide  the 
provinces. 

In  1725,  the  Commissioners  on  both  sides,  making  the  fifth  set  ' 
appointed  for  the  same  purpose,  met,  came  to  a  full  understanding,  and 
entered  into  articles  of  agreement  settling  the  manner  of  the  surrey. 
This,  let  it  be  understood,  was  at  the  end  of  sixty-one  years  after  the 
commencement  of  the  controversy,  and  forty-one  years  after  Connecti- 
cut had  received  her  share  of  the  territory  exchanged.  But  even  this 
ast  movement  resulted  in  nothing  further  for  the  time  being,  than  the 
running  again  of  the  line  bounding  the  tract  on  the  Sound,  which  Con- 
necticut already  held.  Action,  from  some  cause,  was  suspended  until 
173 J.  when  the  Commissioners  of  1725  took  hold  of  the  work  in  earnest, 


510  Copies  of  Documents  Relating  to  the 

surveyed  and  set  off  the  oblong  or  equivalent  tract  to  New  York,  defin- 
ing its  eastern  boundary  as  that  which  was  forever  to  remain  the 
boundary  between  the  respective  States. 

Here  may  be  stated  two  striking  facts  having  a  direct  bearing,  not 
only  upon  the  original  settlement,  but  also  upon  questions  relating  to 
the  boundary,  so  far  as  it  has  since  been  found  pending  between  the 
States.  They  are  these:  In  October,  1730,  an  act  was  passed  by  the 
general  assembly  of  Connecticut,  in  which  it  was  stated,  that  under 
the  agreement  of  1725,  a  part  of  the  boundary  dividing  the  provinces 
was  "  actually  run,  ascertained,  and  fixed  by  proper  monuments,'1''  and 
the  line  so  run  was  formally  ratified  in  the  same  act.  Further,  in  that 
act,  reference  was  made  to  the  remainder  of  the  line,  to  include  the 
Oblong,  then  to  be  surveyed  under  the  agreement  referred  to,  in  which, 
after  citing  the  agreement,  it  was  enacted  that,  "  The  lines  when  run, 
and  the  places  distinguished  through  which  they  shoxdd  pass,  should  be 
the  boundary.''''  This,  let  it  be  understood,  was  the  independent  action 
of  Connecticut,  fixing  by  law  the  line  of  monuments  as  located  by  the 
surveyors,  to  be  her  permanent  boundary,  and  depriving  subsequent 
Commissioners  or  surveyors  of  the  power  to  change  them.  One  fact 
more  will  be  sufficient  to  dispose  of  this  part  of  our  subject. 

After  the  survey  of  1731  was  completed  by  the  joint  action  of  the 
Commissioners  on  the  part  of  New  York  and  Connecticut,  an  indenture 
was  executed  by  said  Commissioners,  pursuant  to  the  authority  dele- 
gated to  them,  in  which  the  Commissioners  of  the  latter  State  (then 
colony)  on  their  part  formally  transferred  to  New  York  all  the  lands 
contained  in  the  oblong,  or  equivalent  tract,  in  conformity  with  the 
original  agreement  of  1683,  and  the  subsequent  one  of  1725.  All  the 
Commissioners  agreed  upon  the  east  lines  of  said  oblong  or  equivalent 
tract,  fixed  and  marked  by  themselves,  and  minutely  described  in  their 
survey,  as  the  permanent  boundary  of  the  respective  States  (then 
colonies),  defining  it  to  be  by  the  lines  as  "said  lines  run  through  the 
several  monuments"  as  " erected  by  the  said  Commissioners,  on  the  east 
side  of  said  additional  lands"  This  arrangement,  or  transfer,  was  sub- 
sequently sanctioned,  without  reserve,  by  both  the  contracting  parties, 
and  also,  the  same  year,  by  a  royal  ordinance  of  King  George  the  Second  ; 
thus  giving  to  the  transaction  all  the  forms  of  law  as  well  as  of  con- 
tract. The  ordinance,  like  the  indenture,  expressly  stipulated  that  the 
line  should  be  "  at  the  several  monuments  erected  by  them  (the  Commis- 
sioners) on  the  east  side  of  said  additional  lands."  ' 

In  presenting  this  sketch  of  the  controversy  and  final  arrangement 
between  the  States,  it  is  not  our  object  to  cast  reproaches,  or  draw 

1  See  foot  note  1,  p.  478,  ante.— [P. 


Boundaries  of  the  State  of  New  York.  511 

unfavorable  inferences,  respecting  what  appears  to  us  an  extraordinary 
course  on  the  part  of  Connecticut.  But  to  set  forth  the  origin,  progress, 
and  conclusion  of  the  original  and  long  protracted  negotiations,  and 
also  to  show,  as  we  trust  the  facts  do  most  clearly,  that  when  the  survey 
and  transfer  of  the  oblong  was  concluded,  sanctioned  by  the  parties 
and  by  the  crown,  in  1731,  there  remained  no  room  for  further  con- 
troversy, or  ground  for  negotiation  respecting  said  boundary  lines, 
unless  one  or  both  parties  should  resolve  to  disregard  the  obligation  of 
contracts. 

Under  this  view  of  the  subject,  which  the  premises  show  to  be  a  just 
one,  it  is  clear  that  after  the  settlement  of  1731,  the  only  legitimate 
subject  of  difference  that  could  arise  between  the  States,  might  be 
with  reference  to  the  original  and  true  location  of  those  lines.  The 
lapse  of  a  long  period  of  time,  the  changes  that  necessarily  come  over 
the  face  of  the  country  in  the  course  of  a  century  or  more,  the  removal 
or  obscurity  of  the  original  land  marks,  would  naturally  make  a  new 
survey  and  marking  of  the  line  necessary  for  the  convenience  of  the 
people,  and  remove  subjects  of  controversy:  but  beyond  that  the 
parties  left  no  matters  for  new  adjustment. 

That  the  original  settlement  of  the  line  was  satisfactory  to  all  parties 
concerned,  we  have  the  further  evidence  in  the  fact  that  for  more  than 
a  century  no  controversy  respecting  it  arose,  either  between  the  States 
or  the  people  on  their  borders.  It  was  not  until  subsequent  to  the  year 
1850,  when  the  trees  which  had  been  marked  had  all  disappeared,  some 
of  the  monuments  been  removed,  and,  owing  to  changes  among  the 
people  few  of  them  knew  of  the  monuments  remaining,  that  questions 
of  jurisdiction  were  raised,  and  controversies  began  respecting  the  true 
position  of  the  original  line.  Doubts  which  none  had  authority  to 
solve,  made  the  difficulties  more  and  more  serious,  so  that  on  the  first 
Wednesday  in  May,  1855,  Connecticut  made  a  proposition  to  ascertain 
the  true  position  of  that  line  by  having  a  new  survey  of  it  made,  and 
new  monuments  placed  upon  it.  As  a  first  step  for  promoting  this 
object  her  Legislature,  or  General  Assembly,  on  the  day  above  named, 
passed  the  following  preamble  and  resolutions: ' 

*  *  *  * 

This  proposition  was  submitted  to  the  Legislature  of  New  York  by 
the  Governor,  on  the  25th  of  January,  1856,  and  acted  upon  by  that 
body  on  the  15th  of  April  following,  when  the  following  preamble  and 
concurrent  resolutions  were  passed  : a 

*  *  *  * 

An  examination  of  these  proceedings  will  show  that  the  true  character 

1  See  page  385,  ante.  "See  page  386,  ante. — [P. 


5L2  Copies  of  Documents  Relating  to  the 

of  the  proposition  by  Connecticut,  and  its  acceptance  by  New  York, 
could  not  be  mistaken.  The  only  authority  conferred  upon  the  Com- 
missioners on  either  side,  was  to  ascertain,  and  with  suitable  monu- 
ments to  mark,  the  original  line. 

Pursuant  to  authority  conferred  by  the  resolutions  adopted,  the 
Governor,  on  the  9th  of  April,  1856,  appointed  the  Hon.  Ben.  Field, 
Samuel  D.  Backus  and  Jonathan  Tarbell,  Commissioners  on  the  part  of 
this  State,  to  act  with  the  Commissioners  appointed  by  Connecticut,  to 
ascertain,  survey  and  mark  the  boundary  line. 

These  Commissioners  conferred  with  those  of  Connecticut,  and  after 
they  had  organized  a  joint  board,  and  agreed  upon  the  mode  of  pro- 
ceeding, they  employed  Mr.  C.  W.  Wentz,  of  Albany,  an  engineer  of 
established  reputation  and  ability,  to  survey  the  line.  Mr.  Wentz 
entered  upon  the  duties  of  such  survey,  with  a  party  properly  organized, 
on  the  25th  of  June,  1856.  The  line  was  run  without  controversy 
between  the  Commissioners,  from  the  great  stone  at  the  wading  place 
on  Byram  river,  to  the  Duke's  trees,  then  on  the  line  parallel  to  the 
Sound  to  the  Wilton  angle,  and  thence  to  the  Ridgefield  angle.  Thus 
far  it  would  appear  that  the  Commissioners  agreed. 

But  from  the  Ridgefield  angle  northerly  to  the  monument  in  the  south 
line  of  Massachusetts,  a  different  policy  was  pursued,  the  original  line 
was  not  traced  or  followed,  but  Mr.  Wentz  first  run  a  datum  line,  and 
from  that  located  a  straight  line  between  the  two  points,  by  measure- 
ments, on  perpendiculars  from,  the  datum  line  westward,  at  various 
points.  These  surveys  were  so  far  completed  on  the  first  of  November, 
that  the  surveying  party,  having  been  engaged  in  the  field  one  hundred 
days,  was  dismissed. 

The  location  of  the  straight  line  between  the  Ridgefield  angle  monu- 
ment and  the  Massachusetts  line  monument,  revealed  the  fact  that  the 
line  as  originally  located,  as  shown  by  the  monuments  found  on  it  in 
this  survey,  was  not  straight,  but  inclined  to  the  east  of  a  direct  line  so 
far,  at  various  points,  that  to  abandon  it  and  adopt  a  straight  line  in  its 
stead,  would  cut  off  from  this  State  a  tract  of  about  two  thousand 
eight  hundred  acres,  and  between  two  and  three  hundred  inhabitants, 
who  had  always  been  residents  of  New  York. 

This  immediately  bi-ought  up  an  irreconcilable  subject  of  controversy. 
The  Commissioners  of  New  York  insisted  that  as  the  old  line  was 
defined  to  follow  the  line  of  monuments,  that  should  be  adhered  to; 
while  the  Connecticut  Commissioners  insisted  upon  a  straight  line 
between  the  points  named.  Several  efforts  were  made  to  effect  an 
arrangement,  but  in  vain.  The  Connecticut  Commissioners  remained 
immovable.  No  further  progress  could  be  made,  and  no  part  of  the 
survey  was  adopted. 


Boundaries  of  the  State  of  New  York.  513 

Reports  of  the  survey  and  proceedings  were  made  by  the  engineer, 
and  by  the  Commissioners,  but,  besides  providing  for  the  expenses 
incurred,  no  legislative  action  was  taken  beyond  the  passage  of  the 
following  preamble  and  resolutions,  sustaining  the  course  of  the  New 
York  Commissioners  in  refusing  to  yield  up  any  portion  of  the  territory 
of  the  State : 

Whereas,  The  Commissioners  appointed  on  the  part  of  New  York 
and  Connecticut  respectively,  to  ascertain  the  boundary  line  between 
the  two  States,  have  been  unable  to  agree  in  relation  thereto,1 

Resolved,  That  the  Commissioners  on  the  part  of  New  York,  while 
they  have  maintained  the  rights  of  this  State,  by  declining  to  yield  any 
of  its  territory  or  to  adopt  any  other  than  the  legal  and  recognized 
boundary  through  the  ancient  landmarks,  have  not  been  lacking  in 
liberality  towards  the  Commissioners  on  the  part  of  Connecticut,  nor 
in  proper  effort  for  a  just  and  speedy  determination  of  the  matters 
.  in  difference  between  them,  nor  are  they  to  be  held  responsible  for  the 
failure  of  a  settlement  hitherto. 

Resolved,  That  relying  upon  the  Legislature  of  Connecticut  to  cor- 
rect the  errors  of  its  Commissioners,  we  deem  no  legislation  necessary 
on  the  part  of  this  State,  in  relation  to  this  subject  at  the  present  time. 

From  this  point  of  the  controversy  nothing  further  was  effected  by 
the  former  Commissioners  ;  all  efforts  at  an  agreement  proved  vain.  It 
is  unnecessary  to  State  here  what  conferences  were  held,  or  propositions 
offered,  as  none  on  the  part  of  this  State  were  accepted  by  Connecticut. 

In  August,  1859,  new  Commissioners  were  appointed  on  the  part  of 
each  State,  who  still  continue  to  act.  These  Commissioners  had  their 
first  conference  at  Port  Chester,  on  the  13th  of  September,  1859,  at 
which  a  joint  board  was  organized  by  the  appointment  of  Isaac  Piatt, 
of  the  New  York  commission,  chairman,  and  Joseph  R.  Hawley,  of  the 
Connecticut  commission,  secretary." 

*  *  *  * 

Proceedings  of  1860. 
In  giving  the  foregoing  sketch  of  the  long  and  singularly  protracted 
controversies  with  Connecticut,  respecting  the  boundary  line  of  our 
State,  from  the  earliest  period  of  our  history  up  to  the  close  of  the  year 
1859,  our  object  is  to  present,  in  a  condensed  and  connected  form,  a 
clear  view  of  the  whole  subject,  that  it  may  be  seen  that  New  York, 
from  the  outset  to  the  end,  has  steadily  occupied  a  fair  and  just  posi- 
tion, asking  only  for  her  just  rights,  but  strictly  respecting  those  of 
Connecticut,  and  yet,  while  the  matters  to  be  settled  were  so  simple,  all 

1  The  above  preamble  does  not  appear  in  the  official  record  of  the  passage  of 
these  resolutions  by  the  Senate.     See  p.  433,  ante. — [P. 

s  Here  follows  a  summary  statement  of  the  proceedings  of  1859,  already  given  in 
full,  as  reported  by  the  same  Commissioners.     See  page  462,  ante. — [P 

33 


514  Copies  of  Documents  Relating  to  the 

efforts  at  an  arrangement  have  proved  abortive.  Her  representatives 
would  assent  to  nothing  that  could  be  accepted  without  a  sacrifice  of 
the  honor  or  the  rights  of  New  York.  The  obstinacy  of  the  majority 
of  her  commissioners  cannot  be  accounted  for.  These  facts  prove  the 
necessity  of  the  proceedings  which  follow,  to  settle  and  fix  the  boundary 
line  by  the  action  of  New  York  alone. 

A  report  of  our  proceedings  up  to  the  close  of  1859,  hereinbefore 
alluded  to,  was  made  to  the  Legislature  last  year,  explaining  what  had 
been  accomplished,  the  efforts  we  had  made  at  an  amicable  arrangement, 
and  the  difficulties  we  had  encountered.  After  a  full  consideration  of 
the  subject,  that  body  passed  the  following  act,  which  became  a  law  on 
the  third  ■  day  of  April,  1860:a 

*  *  *  * 

Pursuant  to  the  provisions  of  sections  two  and  three  of  said  act,  on 
the  fourth  day  of  April,  immediately  after  the  passage  of  said  act,  we 
addressed  to  each  of  the  Connecticut  commissioners  the  following  notice, 
with  which  we  also  enclosed  to  each  a  copy  of  the  foregoing  law. 

Albany,  April  4,  1 860 
Hon.  Oliver  H.  Perry,  Joseth  R.  Hawley  and  Philip  S.  Bebee, 
Commissioners,  Jtc. : 
Gentlemen  —  In  compliance  with  an  act  of  the  Legislature  of  the 
State  of  New  York,  a  copy  of  which  is  herewith  enclosed,  the  under- 
signed, commissioners  on  the  part  of  the  State  of  New  York  to  ascertain 
the  boundary  line  between  said  State  and  the  State  of  Connecticut, 
hereby  respectfully  give  notice,  that  on  the  15th  day  of  May  next  they 
will  commence  a  survey  of  the  boundary  line  between  the  States  of 
•New  York  and  Connecticut,  at  the  monument  in  the  line  of  the  State 
of  Massachusetts,  and  continue  the  survey  of  the  same  until  completed,  in 
compliance  with  the  provisions  of  said  act;  and  when  so  completed,  they 
will  designate  the  same  by  the  erection  of  suitable  monuments.  And 
you  are  respectfully  invited,  and  earnestly  solicited,  to  join  in  such 
survey  and  the  marking  of  said  line,  commencing  at  the  time  and  place 
aforesaid. 

Yours,  &c, 

ISAAC  PLATT. 
L.  D.  BROWN. 
JACOB  VROMAN. 

To  guard,  as  far  as  possible,  against  any  ill  feeling  on  the  part  of  our 
Connecticut  friends,  with  the  above  notice,  the  chairman  of  the  New 

1  Should  be  ' « fourth. "  —  [P.  "See  p.  479,  ante.  —  [P. 


Boundaries  of  the  State  of  New  York.  515 

York  commission,  at  the  same  time  addressed  to  each  of  them  the  fol- 
lowing conciliatory  letter: 

Albany,  April  4,  1860. 

Dear  Sir  —  Enclosed  herewith,  I  send  you  an  official  notice,  which 
you  will  perceive  is  authorised  and  directed  by  an  act  just  passed  by 
the  Legislature  of  this  State,  for  the  purpose  of  .finally  settling  the 
boundary  line  between  our  States. 

As  you  will  see,  it  authorises  us,  if  no  arrangement  can  now  be  effected, 
to  go  on  and  do  up  the  work  of  fixing  the  boundary  of  our  State  alone; 
but  I  can  assure  you  that  we  feel  no  disposition  to  proceed  in  any  man- 
ner that  will  not  be  satisfactory  to  you,  if  any  arrangement  can  still  be 
made  by  which  we  may  unite,  and  together  finish  up  our  work  to  accom- 
modate all  concerned. 

We  have  fixed  upon  a  date,  as  the  law  requires,  when  to  begin  our 
work;  but,  as  you  will  see  that  we  may  fix  upon  any  other  time  that 
can  be  mutually  agreed  upon,  will  you  please  let  me  hear  from  you  on 
the  subject,  and  whether  we  can  meet  again  between  this  and  the 
fifteenth  of  May,  and  enter  into  a  fair  and  just  arrangement  for  the  dis- 
charge of  our  remaining  duties.  Sincerely  hoping  that  all  may  still  be 
settled  in  perfect  fairness,  and  in  such  manner  that  none  will  find  cause 

of  complaint,  I  remain,  with  much  respect, 

Yours  truly, 

ISAAC  PLATT. 

After  sending  the  above  notice  and  letter,  the  chairman  of  our  commis- 
sion received  answers  from  the  different  members  of  the  Connecticut 
commission,  which  it  is  unnecessary  to  give;  but  on  the  20th  of  April 
the  following  official  reply  was  received  from  their  chairman: 

Southport,  Ct.,  April  18,  1860. 
Isaac  Platt,  Esq.,  Chairman  of  the  N.  Y.  Boundary  Commission : 

Dear  Sir  — At  a  meeting  of  the  Connecticut  boundary  commissioners, 
held  at  Hartford,  April  17, 1860,  the  recent  act  passed  by  your  State  Leg- 
islature, was  submitted  to  the  board,  together  with  your  formal  notice 
under  the  same,  that  the  New  York  commissioners  would  proceed  to 
survey  and  mark  the  boundarj'  line  between  the1  two  States,  on  the  15th 
of  May  next,  beginning  at  the  Massachusetts  line. 

After  due  consultation  as  to  the  intent  and  effect  of  said  act,  and  of 
your  proposed  action  thereon,  without  the  co-operation  of  our  State,  or 
her  commissioners,  it  was  determined  to  request  that  your  board  would 
delay  such  action,  at  least  until  the  15th  of  June  next,  that  in  the  mean- 
time our  report  might  be  made  to  our  General  Assembly,  which  con- 
venes on  the  2d  of  May  next,  and  they  have  time  to  act  on  the  same, 
and  also  to  consider  the  act  of  your  Legislature  above  referred  to. 


516  Copies  of  Documents  Relating  to  the 

By  order  of  our  board,  I  hereby  transmit  to  the  New  York  com- 
missioners, through  you  as  their  chairman,  the  above  request,  hoping 
that  you  will  accede  to  the  same. 

Very  respectfully  your  ob't  serv't, 

O.  H.  PERRY, 

Chairman  of  the  Conn.  Boundary  Commission. 

After  this  was  received,  the  chairman  of  the  New  York  commission 
called  a  meeting  of  our  board,  which  was  held  on  the  4th  of  May,  when 
the  following  reply  to  the  proposition  to  postpone  action,  was  returned 
to  the  Connecticut  commission: 

Poughkeepsie,  May  4,  1860. 

Hon.  Oliver  H.  Peeet,  Joseph  R.  Hawley,  and   Philip  S.  Bebee, 

Commissioners,  <&c. : 

The  undersigned,  commissioners  on  the  part  of  New  York  to  ascer- 
tain and  settle  the  boundary  line  between  the  States  of  Connecticut  and 
New  York,  hereby  give  notice,  that,  at  a  meeting  of  said  New  York 
commissioners  this  day  held,  they  have  resolved,  in  consideration  of 
your  request  of  April  18,  1860,  to  postpone  the  time  of  the  commence- 
ment of  the  survey  and  marking  of  said  boundary  line,  to  the  sixth  day 
of  June  next,  when  such  duties  will  be  by  them  commenced  at  the 
place,  and  prosecuted  in  the  manner  specified  in  the  notice  heretofore 
served  upon  you,  and  the  request  of  your  co-operation,  made  in  said 
former  notice,  is  hereby  respectfully  renewed. 

ISAAC  PLATT, 
JACOB  VROMAN, 
L.  D.  BROWN. 

Accompanying  this  notice,  a  friendly  letter  was  addressed  by  our 
chairman  to  the  head  of  the  Connecticut  commission,  renewing  former 
friendly  assurances,  and  again  asking  for  united  action  in  the  sur- 
vey. Replies  were  received,  signifying  that  the  postponement  was 
satisfactory. 

We  now  proceeded  with  our  arrangements,  and  met  at  Albany  on  the 
4th  of  June  to  complete  them,  and  repair  to  the  field  of  labor.  In  the 
meantime,  the  chairman  received  a  letter  on  the  29th  of  May,  from  the 
Hon.  Philip  S.  Bebee,  one  of  the  Connecticut  Commissioners,  earnestly 
requesting  him  and  others  of  our  commission  to  come  to  New  Haven 
on  June  5th,  for  the  purpose  of  holding  another  joint  consultation,  and 
placing  the  subject  before  the  joint  committee  of  the  Connecticut 
Legislature,  which  then  had  the  subject  in  charge,  assuring  us  that  our 
visit  and  statements  would  be  received  in  a  friendly  spirit.  As  Mr. 
Bebee  had  used  every  reasonable  effort  to  bring  about  an  arrangement, 


Boundaries  of  the  State  of  New  York.  517 

we  considered  it  advisable  to  accept  the  invitation.  Messrs.  Piatt  and 
Brown  accordingly  proceeded  to  New  Haven,  for  the  purpose  of  making 
a  final  attempt  at  an  arrangement,  while  Mr.  Vroman  and  our  engineer, 
Mr.  Dewey,  proceeded  to  Millerton  to  organize  the  surveying  party,  and 
make  arrangements  for  proceeding  immediately  with  the  survey  on  the 
return  of  the  two  commissioners  from  New  Haven. 

We  arrived  at  New  Haven  on  the  5th  of  June,  and  were  courteously 
received  by  the  Connecticut  Commissioners.  A  joint  meeting  was 
held  the  same  evening  and  a  long  consultation  had,  but  without  any 
result.  Another  meeting  was  held  on  the  following  morning,  but 
with  like  effect,  as  the  majority  of  the  Connecticut  Commissioners 
adhered  to  their  position,  as  hereinbefore  stated,  and  would  abate  noth- 
ing of  it. 

After  these  proceedings  were  concluded,  Mr.  Curtis,  chairman  of  the 
joint  legislative  committee  to  whom  the  subject  was  referred,  courte- 
ously invited  us  to  appear  before  that  committee,  at  2  P.  M.  of  that 
day,  and  give  a  full  explanation  of  the  position  of  New  York,  with  our 
views  at  large. 

We  attended  accordingly,  stated  the  character  of  the  issue,  the 
propositions  we  bad  offered,  and  our  reasons  for  maintaining  the 
positions  we  had  assumed,  showing  that  while  we  insisted  on  main- 
taining the  rights  of  New  York,  we  were  determined  not  to  encroach, 
in  any  respect,  upon  those  of  Connecticut. 

Mr.  Brown,  on  the  part  of  New  York,  stated  in  substance,  that  he  con. 
sidered  the  quantity  of  territory  involved  in  the  dispute,  of  little  moment 
to  either  State.  The  duty  of  the  State  to  her  citizens,  however,  who 
had,  with  their  ancestors  for  several  generations,  occupied  the  disputed 
territory,  was  of  paramount  importance.  That  the  territory  had  been 
occupied  by  the  States,  in  accordance  with  the  survey  of  1731,  was 
conclusively  established,  and  the  residences  of  inhabitants  on  either 
side  of  said  line  could  not  now  be  changed  without  doing  great  violence 
to  all  legal  and  equitable  claims  of  either  State.  He  further  and  at 
large  explained  the  views  of  the  New  York  Commissioners  as  to  the  extent 
of  the  powers  of  the  commissions  of  each  State,  which  was  to  ascertain 
and  settle  the  line,  and  not  make  or  establish  an  entire  new  line.  And 
inasmuch  as  some  of  the  Connecticut  Commissioners,  and  some  of  her 
Senators  and  Representatives,  took  exceptions  to  the  act  of  our  Legisla- 
ture, a  copy  of  which  is  herein  heretofore  given,  he  fully  explained  what 
was  the  intent  and  meaning  of  said  act,  which  was,  in  substance,  that 
already  a  large  amount  of  money  and  valuable  time  had  been  expended 
by  commissions  in  attempting  a  settlement  of  the  controversy;  that 
Connecticut,  by  her  Commissioners,  had  constantly  insisted  upon  run. 
ning  a  new  line  of  division  between  the  States,  cutting  off  from  the 


518  Copies  of  Documents  Relating  to  the 

State  of  New  York  a  strip  of  land  about  fifty-three  miles  m  length,  of 
the  average  width  of  about  twenty-eight  rods,  ejecting  from  the  State 
of  their  adoption  about  three  hundred  inhabitants,  instead  of  ascertain- 
ing, defining  and  settling  the  line  between  the  States  as  fixed  in  1731, 
by  both  States,  and  confirmed  by  royal  ordinance,  which  was  clearly 
the  extent  of  the  Commissioners'  powers.  Therefore,  despairing  of  any 
adjustment,  except  such  an  one  as  would  be  humiliating  to  the  State  of 
New  York,  and  making  her  government  justly  chargeable  with  neglect 
of  the  rights  of  her  citizens,  and  of  being  unmindful  of  the  duty  which 
every  government  owes  towards  those  living  under  its  jurisdiction,  this 
act  was  passed  for  the  purpose  of  ending  the  controversy,  and  the  service 
of  Commissioners,  and  of  defining  and  suitably  marking  the  actual  line, 
leaving  all  future  questions,  if  any  should  arise  concerning  the  same, 
which  was  not  probable,  to  be  decided  by  the  courts  of  law,  as  a  less 
expensive  and  more  certain  way  of  settling  them.  He  also  assured  the 
committee,  in  presence  of  the  Commissioners,  that  if  the  Connecticut 
Commissioners  would  join  in  the  survey  and  marking  of  the  line,  we 
would  pass  all  uncertain  points  on  the  line,  if  any  such  should  be  found 
when  making  the  survey,  and  run  straight  lines  from  one  well  authen- 
ticated point  to  the  next  point  of  the  same  character,  thus  running 
straight  lines  between  certain  and  well  authenticated  points  the  whole 
length  of  the  line  between  the  States,  which  would  not  make  any  mate- 
rial changes  of  any  kind. 

Mr.  Piatt  followed,  concurring  in  the  views  presented  by  Mr.  Brown, 
and  added,  that  in  his  opinion  there  was  nothing  in  the  question  that 
should  properly  make  it  one  of  controversy.  It  was  simply  whether 
two  great  States  should  adhere,  in  good  faith,  to  a  contract,  made  with 
a  full  understanding  of  its  character,  and  acquiesced  in  by  both  for  one 
hundred  and  twenty-nine  years.  It  was  of  no  real  consequence  to  either 
whether  the  old  line  was  exactly  straight,  or  a  little  crooked  ;  nor  did 
the  fact  that  the  line  slightly  varied  from  a  straight  course  therefore 
give  to  either  party  the  right  to  repudiate  it.  It  was  sufficient  that 
the  indenture  conveying  the  lands  defined  the  line  to  be  "as  it  runs 
through  the  several  monuments"  No  man  of  respectable  legal  attain- 
ments could  deny  this.  An  arbitration  had  been  spoken  of  at  times, 
but  how  could  arbitrators  decide  intelligently  respecting  the  matter 
unless  the  tracts  conveyed  by  each  State  were  first  surveyed,  and  then, 
at  the  very  outset,  would  come  up  this  very  issue  as  it  now  stands  — 
how  should  the  lines  be  run  ?  One  party  could  insist  on  following  a 
straight  line  from  Ridgefield  to  Massachusetts,  the  other  upon  tracing 
the  old  line,  and  there  would  be  another  dead  lock.  More  Commis- 
sioners might  be  appointed,  more  correspondence  had,  more  meetings 
held,  more  money  spent,  and  what  then  ?    Nothing  but  useless  sacrifice 


Boundaries  of  the  State  of  New  York.  519 

on  both  sides.     The  old  quibble  or  abstraction  would  hold  as  good  as 
ever  unless  given  up. 

New  York  had  passed  an  act  to  authorize  her  Commissioners  to  run 
and  fix  this  line  alone,  if  those  of  Connecticut  would  not  unite  with 
them;  but  this  did  not  take  away  any  of  the  rights  of  Connecticut. 
The  object  of  the  law  was  to  bring  the  matter  to  an  end,  as  there  was 
no  prospect  that  it  would  ever  terminate  in  any  other  way.  That  law, 
too,  was  abundantly  called  for  on  account  of  the  people  residing  along 
the  line,  who  were  kept  in  controversies  and  constant  anxieties  respect- 
ing such  line.  They  had  suffered  too  much  already,  and  for  their  sake, 
above  all  other  considerations,  we  should  now  bring  this  whole  business 
to  a  final  and  definite  termination. 

Our  statements  seemed  to  make  a  favorable  impression,  and  we  left, 
hoping  that  as  the  Connecticut  Commissioners  had  expressed  to  us  their 
readiness  to  follow  any  direction  their  General  Assembly  might  give, 
that  an  arrangement  might  still  be  possible.  But  whether  successful 
or  not,  we  felt  that  we  had  discharged  our  whole  duty  in  our  efforts  to 
avoid  ex-parte  action. 

After  we  had  left  the  legislative  committee,  our  Connecticut  friends 
were  very  prompt  to  prepare  a  rejoinder.  As  we  reached  the  railroad 
station,  we  were  handed  the  following  paper  by  Mr.  Hawley,  one  of  its 
signers  : 

New  Haven,  June  6,  1860. 

To  Messrs.  Platt,  Brown  and  Vroman,  Commissioners  on  the  part  of 
New  York: 

Gentlemen. —  The  subscribers,  commissioners  on  the  part  of  Connec- 
ticut to  settle  the  boundary  between  the  two  States,  beg  to  submit  the 
three  following  propositions,  in  addition  to  those  previously  made. 

First  —  Begin  at  a  point  in  the  center  and  near  the  north  end  of  the 
street  running  through  the  village  of  Hitchcock's  Corners,  and  run 
thence  in  straight  lines  to  the  Ridgefield  and  Massachusetts  angles. 

Second  —  Move  the  angle  bounds  at  Ridgefield  and  on  the  Massachu- 
setts line,  five  chains  and  ninety-one  links  east  of  their  present  positions, 
and  connect  the  same  by  a  straight  line  running  through  said  point  in 
the  center  of  the  north  end  of  the  street  of  Hitchcock's  corners. 

Third  —  In  case  both  of  said  propositions  are  rejected  by  the  New 
York  commissioners,  then  let  us  submit  the  subject  to  arbitration,  each 
party  choosing  a  disinterested  person,  not  an  inhabitant  or-  citizen  of 
either  State,  which  two  shall  choose  a  third  of  like  qualifications.  Said 
arbitrators  shall  hear  the  claims  of  each  State,  and  decide  where  the 
line  in  dispute  ought  to  be  run ;  it  being  understood  and  agreed  that 
said  board  of  arbitrators  shall  take  into  consideration,  not  only  the 


520  Copies  of  Documents  Relating  to  the 

legal  questions  involved,  but  any  and  all  considerations  of  equity,  public 

policy,  and  convenience. 

Respectfully  yours, 

O.  H.  PERRY, 
J.  R.  HAWLEY. 

Such  an  uncalled  for,  extraordinary  communication  as  this,  natm-ally 
surprised  us ;  its  captious  spirit  displayed  its  object.  It  required  care- 
ful consideration,  and  we  took  it  in  hand  for  that  purpose.  Having 
scanned  its  purport  and  objects,  on  the  thirteenth  of  June  we  returned 
the  following  answer: 

The  commissioners  on  the  part  of  New  York  to  ascertain  and  settle 
the  boundary  line  between  the  States  of  New  York  and  Connecticut, 
respectfully  decline  to  accede  to  either  of  the  three  propositions  offered 
by  two  of  the  commissioners  on  the  part  of  Connecticut,  on  the  sixth 
day  of  June  instant,  for  the  following  reasons: 

First  —  Either  of  the  first  two  propositions  propose,  not  to  ascertain 
and  settle  the  line,  but  to  make  an  entire  change  of  the  line  as  formerly 
established  by  the  two  States,  unnecessarily  changing  many  residences, 
and  violating  the  rights  of  citizens  and  residents  of  the  State  of  New 
York,  and  under  her  jurisdiction. 

Second  —  The  line  formerly  established  between  the  States,  having 
been  ascertained  by  the  joint  commission,  and  there  being  no  reasonable 
doubt  as  to  its  locality,  nothing  but  an  accurate  survey  of  the  same,  and 
a  settlement  establishing  the  boundary  between  the  States,  on  such  line, 
would  be  consistent  with  the  duty  of  either  State  towards  her  citizens, 
and  no  principles  of  State  policy  or  expediency,  demand  a  change. 

Third  —  The  New  York  commissioners  have  no  power  to  change  the 
line  between  the  States,  after  having  ascertained  the  same  to  their 
satisfaction. 

Fourth  —  All  the  grounds  and  objections  to  the  straight  line,  specified 
in  the  report  of  the  New  York  commissioners  to  their  Legislature, 
dated  Jan.  18,  1860,  apply  to  these  propositions. 

Also,  they  decline  to  arbitrate  the  matter  for  the  reasons: 

First  —  That  in  order  to  place  the  whole  facts  necessary  to  either  a 
legal  or  an  equitable  settlement  of  the  whole  case,  before  arbitrators,  it 
would  be  necessary  to  review  the  whole  of  the  old  survey,  ascertaining, 
to  a  certainty,  the  number  of  acres  each  State  received  from  the  other, 
by  the  original  cession  of  each  State,  instead  of  taking  as  a  basis  the 
guess-work  of  the  Connecticut  commissioners,  and  their  assertions  as  to 
the  number  of  acres  received  by  Connecticut  from  New  York,  with 
calculations  made  upon  a  false  basis,  in  violation  of  the  facts  and  the 
records  of  the  old  commissioners. 


Boundaries  of  the  State  of  New  York.  521 

Second  —  The  New  York  commissioners  have  no  power  to  arbitrate. 

Third  —  The  decision  of  arbitrators,  if  the  same  should  change  the 
established  line,  would  not  bind  the  States. 

Finally,  all  objections  to  the  old  established  line,  being  that  it  is  not 

perfectly  straight,  are  merely  frivolous,  are  of  no  real  force,  and  are  not 

entitled  to  our  further  consideration. 

ISAAC  PLATT, 

JACOB  VROMAN, 

L.  D.  BROWN. 

Dated  June  13th,  1860. 

We  may  add  to  the  reasons  given  in  the  above  reply,  that  while  the 
removal  of  the  ancient  angle  bounds  at  Massachusetts  and  Ridgefield, 
would  have  little  effect  but  to  make  confusion  and  trouble  among  the 
people  above  the  Ridgefield  angle,  it  would  have  a  still  worse  effect 
below  it.  It  would  derange  the  entire  line  between  that  and  the  Wilton 
angle,  which  passes  through  a  good  and  well  settled  section  of  country, 
which  derangement  of  the  line  would  be  wholly  to  the  prejudice  of 
Connecticut,  and  change  some  ten  or  twelve  residences,  with  the  lands 
adjacent,  into  New  York,  while  all  are  now  content  and  desire  no 
change.  We  would  not  sanction  such  injustice  to  Connecticut,  although 
her  own  representatives  proposed  it. 

With  the  communication  of  June  13th,  terminated  our  correspond- 
ence with  the  commissioners  of  Connecticut.  Were  it  all  published,  it 
would  extend  this  report  beyond  reasonable  dimensions.  All  essential 
to  a  fair  understanding  of  our  proceedings,  as  we  believe,  is  given. 

On  the  7th  of  June  we  met  again  at  Millerton.  Our  surveying  party 
was  organized  with  Hiram  S.  Dewey,  chief  engineer,  John  Evans, 
assistant,  and  a  full  complement  of  flag  men,  chain  men,  and  axe  men, 
and  our  preliminary  arrangements  completed.  On  the  8th  of  June  the 
survey  was  commenced  at  the  Massachusetts  line  monument,  all  the 
New  York  commissioners  and  the  party  being  present;  no  one  appear- 
ing on  behalf  of  Connecticut.  We  felt  our  duty  to  be  a  delicate  if  not 
a  difficult  one,  to  settle  a  disputed  line  by  ex  parte  action,  and  therefore* 
resolved  to  practice  the  most  rigid  circumspection ;  to  give  no  cause  of 
complaint,  and  to  follow  the  true  line  with  strict  impartiality. 

The  monument  in  Massachusetts  line,  or  corner  monument,  we  found 
to  be  a  heap  of  stones  piled  up  among  large  loose  stones,  or  ledges, 
between  two  high  ridges  of  the  Taghkanic  mountains,  always  recognized 
as  the  northeast  corner  of  the  equivalent  tract,  or  oblong,  ceded  to 
New  York  in  1731,  as  the  northwest  corner  of  Connecticut.  On  this 
point  we  believe  there  has  never  been  any  dispute.  In  the  indenture 
executed  by  the  Commissioners  of  1731,  conveying  the  oblong  to  New 
York,  its  position  is  thus  described: 


522  Copies  of  Documents  Relating  to  the 

The  monument  at  the  northeast  corner  of  the  additional  lands,  in  the 
Massachusetts  line  aforesaid,  stands  in  a  valley  in  the  Tachkanic 
mountains,  being  one  hundred  and  twenty-one  rods  eastward  from  the 

P°r  n*?e  of  the  muost  we8*erly  of  said  mountains,  there  being  a  great 
stone,  with  some  others  set  upon  it,  on  the  top  of  said  westernmost 
mountain,  where  the  said  Massachusetts  line  crosses  it.  westermost 

The  great  stone  here  described,  which  human  power  could  not  remove 
without  first  breaking,  occupies  its  original  position,  and  therefore  we 
tested  its  distance  from  the  monument  aforesaid,  and  found  it  to  differ 
from  that  given  in  the  old  survey  but  one  foot. 

We  had  previously  tested  the  distance  of  this  monument  from  the 
northwest  corner  of  the  oblong,  by  measurement  on  the  north  line  and 
found  the  distance  to  be  nineteen  rods  short  of  that  required  to'give 
New  York  her  requisite  width  of  land.  But  as  the  description  cor- 
responded with  that  of  the  original  monument,  and  there  was  no  room 
to  doubt  its  identity,  we  adopted  it  as  a  fixed  point,  which  we  had  no 
right  to  change. 

From  this  monument  the  course  to  the  forty-seven  mile  monument 
point  was  found  to  be  south  eleven  degrees  twenty  minutes  west;  dis- 
tance four  hundred  and  sixty-four  chains  sixty-nine  links.  This  monu- 
ment is  thus  described  in  the  original  survey: 

The  monument  corresponding  to  the  monument  at  47  miles  distance 
is  a  stake  and  heap  of  stones,  in  a  low  piece  of  ground,  lying  south-' 
westerly  of  Taconic  mountains,  and  northwesterly  from  a  meadow  and 
is  near  the  wagon  path  from  Woatang  to  Tacanick.  meaaow>  ana 

The  original  monument  was  gone;  it  is,  however,  a  well  recognized 
traditionary  point.  The  locality  of  this  point  was  also  pointed  out  by 
Mr.  William  Kelsey,  who  had  resided  in  that  vicinity  fifty  years,  whose 
farm  is  bounded  westerly  by  the  State  line,  and  corners  on  this  monu- 
ment point.  His  informant  as  to  the  monument  point  was  a  Mr.  Bird 
who  was  the  owner  of  the  land  on  both  sides  of  the  line  at  the  time  the' 
survey  was  made  in  1731.  He  resided  in  the  State  of  Connecticut,  near 
the  monument,  and  shortly  after  the  survey  sold  his  land  in  New  York 
fixed  the  dividing  fences  as  they  now  stand,  and  retained  his  land  in 
Connecticut  many  years  after.  Mr.  Kelsey  also  pointed  out  the  loca- 
tion of  the  old  road  leading  from  Woatang  to  Taghkanic.  This  evi- 
dence we  considered  conclusive. 

Of  course  from  this  point  to  the  forty-four  mile  monument,  was  twelve 
degrees  thirty-four  minutes  west,  two  hundred  and  thirty-nine  chains 
and  fifty-seven  links.  This  monument  is  described  in  the  original  sur- 
vey, as  follows: 

The  monument  corresponding  to  the  monument  at  forty-four  miles 
distance  is  a  stake  and  heap  of  stones,  standing  at  the  foot  of  a  hill 
and  twelve  rods  from  the  east  side  of  a  large  pond 


Boundaries  of  the  State  of  New  York.  523 

This  monument  was  found,  and  on  testing  its  location  by  measure- 
ment from  Indian  pond,  we  had  no  difficulty  in  fixing  its  position,  in 
consequence  of  the  peculiar  formation  of  the  land,  as  the  hill  recedes  on 
both  sides  of  the  monument  from  the  pond.  It  is  also  the  established 
corner  of  the  towns  of  Salisbury  and  Sharon,  in  Litchfield  county,  Con- 
necticut. We  consulted  the  inhabitants  in  the  neighborhood,  among 
them  Mr.  Douglas  Clark,  who  had  been  a  resident  there  for  sixty-five 
years,  and  who  had  always  known  that  as  the  line  monument. 

We  found  the  course  from  this  forty-four  mile  monument  to  the  forty- 
two  mile  monument  point,  to  be  south  eleven  degrees  and  thirty-three 
minutes  west,  one  hundred  and  sixty  chains  and  ninety-nine  links;  which 
is  thus  originally  described: 

The  monument  corresponding  to  the  monument  at  forty-two  miles  dis- 
tance, is  a  stake  and  a  heap  of  stones,  on  the  brow  of  a  steep  bank,  on 
the  north  side  of  Ten  Mile  river  where  it  runs  easterly,  and  is  likewise 
twenty-one  rods  on  the  perpendicular  line  east  from  the  east  side  of  said 
river. 

This  point  is  so  accurately  described  in  the  old  survey,  that  its  true 
position  could  not  be  mistaken.  The  course  of  the  river  at  the  place 
where  the  perpendicular  line  crosses  it  is  nearly  due  south,  then  it  makes 
a  bend  and  runs  nearly  due  east  at  the  foot  of  the  steep  bank  spoken  of. 
The  top  of  the  bank  is  a  steep  ledge  of  rocks  which  terminates  abruptly, 
the  ground  beyond  it  being  nearly  level.  The  distance  measured  on  a 
perpendicular  line  from  the  east  side  of  the  river  was  found  to  corre- 
spond with  that  originally  made. 

The  course  from  this  point  to  the  forty  mile  monument  point,  was 
south  thirteen  degrees  and  sixteen  minutes  west,  one  hundred  and  sixty- 
one  chains  and  twenty-four  links.  The  following  is  the  description  of 
the  last  mentioned  point,  in  the  original  survey : 

The  monument  corresponding  to  the  monument  at  forty  miles  distance, 
is  a  stake  and  a  heap  of  stones  at  the  west  side  of  a  swamp,  and  forty 
rods  on  the  perpendicular  line  easterly  from  the  Ten  Mile  river. 

This  monument  was  not  in  existence,  but  near  the  requisite  distance 
from  the  last  mentioned  point  we  selected  a  point  on  the  river,  where 
the  east  bank  had  evidently  never  changed,  and  measured,  on  a  perpen- 
dicular line  easterly,  the  distance  specified  in  the  old  description,  and 
there  located  the  point.  The  location  selected  was  also  pointed  out  by 
tradition,  and  although  it  took  some  time  to  make  the  necessary  inquiries 
and  investigations  for  its  establishment,  we  were  finally  fully  convinced 
of  its  correctness. 

From  this  point  to  the  thirty-five  mile  monument  we  ran  a  straight 
course,  which  was  south  twelve  degrees  and  twenty-one  minutes  west, 
three  hundred  and  ninety-eight  chains  and  twenty-one  links. 


524  Copies  of  Documents  Relating  to  the 

The  thirty-seven  mile  monument  is  thus  described : 

The  monument  corresponding  to  the  monument  at  thirty-seven  milea 
distance  as  aforesaid,  is  a  stake  and  heap  of  stones,  on  the  north  side  of 
a  ridge,  and  is  sixty  links  north  thirty-one  degrees  west  from  a  rock 
lying  there  in  the  ground. 

This  monument  had  been  removed,  but  the  locality  of  the  rock  refer- 
red to  was  pointed  out  to  us  by  Mr.  George  Winegar,  who  had  blasted 
and  removed  the  same.  The  position  of  the  rock  being  ascertained, 
that  of  the  monument  was  readily  determined  by  measurement  from  it. 
We  made  no  angle  at  tbis  point,  none  being  necessary,  the  line  all  the 
way  corresponding  to  the  traditionary  line.  In  this  distance,  a  little 
north  of  the  thirty-seven  mile  point,  we  passed  through  the  village  of 
Hitchcock's  Corners,  where  the  people  are  more  sensitive  on  the  subject 
of  the  line  than  at  any  other  place  in  its  entire  length.  We  found  our 
direct  course  to  pass  with  such  precision  through  the  several  points  in 
the  village  designated  as  the  original  line,  that  we  scarcely  varied  from 
said  line  one  foot. 

The  thirty-five  mile  monument  is  described  in  the  original  surrey  as 
follows : 

The  monument  corresponding  to  the  monument  at  thirty-five  miles 
distance  as  aforesaid,  is  a  heap  of  stones  on  the  top  of  a  rock  on  the 
west  side  of  a  hill. 

This  monument  was  found  corresponding  so  exactly  with  the  original 
description,  that  there  was  no  possible  room  for  doubt  of  its  identity. 
It  has  never  been  disputed,  is  well  known  to  the  inhabitants  in  the 
neighborhood,  and  is  also  the  established  corner  of  the  towns  of  Sharon 
and  Kent,  in  the  State  of  Connecticut. 

The  course  from  this  monument  to  the  thirty-three  mile  monument  is 
south  twelve  degrees  thirty-two  minutes  west,  one  hundred  and  fifty- 
eight  chains  and  ninety-six  links. 

The  thirty-three  mile  monument  is  thus  described  : 

The  monument  corresponding  to  the  monument  at  thirty-three  miles 
distance,  is  a  heap  of  stones  on  the  top  of  a  hollow  rock  on  the  west 
side  of  a  hill. 

We  found  this  monument  agreeing  perfectly  with  the  original  descrip- 
tion, it  being  a  heap  of  stones  on  the  top  of  a  hollow  rock  of  very 
peculiar  shape,  about  five  feet  square,  and  hollowed  out  like  a  spoon. 
It  was  in  a  wild,  unfrequented  spot,  and  the  heap  of  stones  had  an 
ancient  appearance.  It  was  so  nearly  in  line  with  the  forty,  thirty- 
seven,  and  thirty-five  mile  monuments,  that  an  angle  at  the  latter  monu- 
ment of  only  eleven  minutes,  it  was  found  would  strike  it,  and  the 
distance  from  the  thirty-five  mile  monument  to  this,  varied  only  one 
chain  and  one  link  from  the  proper  distance.     To  obtain  further  evi- 


Boundaries  of  the  State  of  New  York.  525 

dence  of  the  certain  identity  of  this  monument,  we  consulted  Mr. 
Ritton,  who  stated  that  he  had  been  familiar  with  all  the  localities  in 
that  neighborhood  some  sixty  years,  and  who  had  always  known  this  as 
the  true  line  monument,  the  same  having  been  pointed  out  to  him  as 
such,  by  men  who  had  known  it  ever  since  the  original  survey.  We 
also  consulted  a  Mr.  Nye  and  Mr.  Thomas  Swift,  very  aged  residents  of 
the  neighborhood,  who  gave  us  similar  information. 

Another  heap  of  stones,  not  on  a  hollow  rock,  had  been  regarded  as 
the  thirty-three  mile  monument  by  some  of  the  inhabitants  in  the  neigh- 
borhood. It  was  so  pointed  out  to  us  when  exploring  the  line  in  com- 
pany with  the  Connecticut  commissioners  in  September,  1859.  This 
stone  heap  was  found  to  be  two  thousand,  three  hundred  feet  too  far 
south  for  the  proper  location  of  the  line  monument,  seven  hundred  and 
fifty  feet  west  of  our  present  line,  and  nine  hundred  and  sixty  feet  west 
of  a  straight  line  from  the  thirty-five  to  the  thirty  mile  monument. 
Also,  this  heap  of  stones  does  not  correspond  with  the  description  of 
the  monument  in  question  as  to  locality,  being  on  the  south  west  brow 
of  a  high  hill,  the  land  north  easterly  from  it  being  very  nearly  level 
for  a  considerable  distance. 

From  the  thirty-three  to  the  thirty  mile  monument,  the  course  is  south 
eleven  degrees  forty-four  minutes  west,  distance  two  hundred  and  forty- 
three  chains  and  thirty-seven  links. 

The  thirty  mile  monument  is  thus  described  in  the  original  survey: 

The  monument  corresponding  to  the  monument  at  thirty  miles  dis- 
tance aforesaid,  is  a  stake  and  a  heap  of  stones  at  the  south  end  of  a 
high  hill. 

It  was  readily  identified  by  its  location,  was  well  preserved,  and  from 
what  we  could  learn,  had,  from  time  immemorial,  been  recognised  as 
one  of  the  original  monuments  erected  to  mark  the  line  between  the 
States. 

From  this  to  the  twenty-eight  mile  monument,  the  course  was  south 
twelve  degrees  and  twenty-seven  minutes  west,  one  hundred  and  sixty- 
one  chains  and  thirty-two  links  —  which  last  mentioned  monument  has 
the  following  description  in  said  old  survey: 

The  monument  corresponding  to  the  monument  at  twenty-eight  miles 
distance  as  aforesaid,  is  a  heap  of  stones  on  the  east  brow  of  a  high  hill, 
at  which  place  we  saw  New  Milford  town,  Ousatonick  river  running  at 
the  foot  of  said  hill. 

This,  like  the  thirty  mile  monument,  is  well  known  and  undisputed, 
its  location  fully  corresponds  with  the  above  description,  and  it  is  the 
established  corner  of  the  Housatonic  Indian  reservation  in  Connecticut. 

The  course  from  the  twenty-eight  to  the  twenty-six  mile  monument  is 
south  ten  degrees  fifty-six  minutes  west,  one  hundred  and  sixty  chains 


526  Copies  of  Documents  Relating  to  the 

—  of  which   twenty-six  mile  monument  the   following  is  the  original 
description : 

The  monument  corresponding  to  the  monument  at  twenty-six  miles 
distance,  is  a  stake  and  a  heap  of  stones  on  the  west  side  of  an  high  hill, 
and  is  thirty-five  chains  and  forty-five  links  on  the  perpendicular  line 
from  the  east  side  of  the  Ten  Mile  river. 

No  monument  was  found  here,  but  aged  residents  in  the  vicinity 
pointed  out  a  spot  which  they  asserted  it  once  occupied.  We  tested 
this  position  by  a  measurement  on  the  perpendicular  from  the  east  side 
of  Ten  Mile  river,  referred  to  in  the  above  description,  and  the  distance 
agreeing  with  the  original  measurement,  we  readily  adopted  this  point. 

From  the  twenty-six  mile  monument  point  to  the  twenty-two  mile 
monument,  the  course  was  south  eleven  degrees  thirty-nine  minutes  west, 
distance  three  hundred  and  twenty  chains  and  eleven  links. 

The  twenty-four  mile  monument  could  not  be  found,  as  the  descrip- 
tion was  very  indefinite,  and  we  could  apply  no  test  to  locate  it.  There 
being  no  dispute  as  to  the  line  in  that  section,  we  continued  the  same 
course  to  the  twenty-two  mile  monument,  which  is  thus  described  in  the 
original  survey: 

The  monument  corresponding  to  the  monument  at  twenty -two  miles  dis- 
tance, is  a  stake  and  heap  of  stones  on  the  east  side  of  New  Fairfield  hills. 

This  monument  was  readily  found  and  identified,  in  its  proper  place 
as  to  distance,  differing  only  eleven  links  from  four  miles,  from  the 
twenty-six  mile  monument. 

Our  course  from  the  twenty-two  to  the  twenty  mile  monument,  was 
south  twelve  degrees  and  eighteen  minutes  west  one  hundred  and  sixty- 
three  chains  and  seventeen  links. 

This  monument  is  described  as  follows  : 

The  monument  corresponding  to  the  monument  at  twenty  miles  dis- 
tance as  aforesaid,  is  a  stake  and  heap  of  stones,  in  a  wet  piece  of  ground 
in  the  west  side  of  a  steep,  rocky  hill. 

This  monument  was  pointed  out  to  us  by  Mr.  Henry  Briggs,  of  Con- 
necticut, who  is  the  owner  of  the  land  where  the  same  was  placed.  It 
was  also  pointed  out  by  other  old  residents  of  the  vicinity,  as  one  of 
the  original  line  monuments.  Its  position  corresponded  accurately  with 
the  above  description,  and  left  no  room  for  doubt  as  to  its  genuineness. 

From  thence  to  the  eighteen  mile  monument  our  course  was  south 
eleven  degrees  and  forty-nine  minutes  west,  distance  one  hundred  and 
fifty-nine  chains  and  nine  links;  the  original  description  of  which  is  as 
follows  : 

The  monument  corresponding  to  the  monument  at  eighteen  miles 
distance  as  aforesaid,  is  a  stake  and  heap  of  stones,  on  a  ledge  of  rocks 
on  the  west  side  of  a  hill. 


Boundaries  of  the  State  of  New  York.  527 

This  monument  was  found,  agreeing  strictly  with  the  original 
description. 

From  it  to  the  sixteen  mile  monument  the  course  was  south  twelve 
degrees  nineteen  minutes  west,  one  hundred  and  fifty-seven  chains  and 
fifteen  links. 

This  monument  is  thus  described  : 

The  monument  corresponding  to  the  monument  at  sixteen  miles  dis- 
tance, is  a  stake  and  heap  of  stones,  on  a  high  hill,  there  being  two 
small  ponds  to  the  southeastward  of  the  monument,  the  nearest  to 
which  is  about  five  rods  to  the  monument. 

We  found  this  monument  on  what  is  now  called  Cranberry  mountain, 
northwest  from  two  small  ponds,  and  five  rods  from  the  nearest  one,  and 
in  all  respects  agreeing  with  the  foregoing  description. 

From  the  sixteen  to  the  fourteen  mile  monument  our  course  was  south 
ten  degrees  and  eleven  minutes  west,  distance  one  hundred  and  sixty- 
one  chains  and  seven  links. 

The  following  is  the  description  of  this  monument,  given  in  said 
original  survey : 

The  monument  corresponding  to  the  monument  at  fourteen  miles 
distance,  is  a  stake  and  heap  of  stones  standing  on  the  northwest  side  oi 
a  hill. 

After  a  careful  search  this  monument  was  found,  on  the  northwest 
side  of  a  hill,  a  soft  maple  tree  having  grown  up  through  it  and  crowded 
off  some  of  the  upper  stones,  but  leaving  the  foundation  in  such  a 
position  as  to  do  away  with  all  doubts  as  to  its  identity. 

Our  course  from  the  fourteen  to  the  ten  mile  monument  point  was 
south  ten  degrees  and  fifty-one  minutes  west  three  hundred  and  thirteen 
chains  and  forty-one  links;  of  which  last  mentioned  'monument  the 
following  is  the  original  description  : 

The  monument  corresponding  to  the  monument  at  ten  miles  distance 
as  aforesaid,  is  a  stake  with  a  heap  of  stones  round  it,  in  a  springy 
ground,  on  the  west  side  of  a  high  hill. 

This  monument  was  not  found,  but  its  position  was  pointed  out  by 
Mr.  Seneca  Salmons,  the  owner  of  the  land  on  both  sides  of  the  line, 
and  who  had  removed  the  stones  of  which  it  was  composed  from  his 
meadow,  the  hole  the  stones  had  made  by  settling  into  the  soft  ground 
remaining  undisturbed.  The  point  indicated  fully  answers  to  the  above 
description  as  to  position,  and  it  is  in  the  traditionary  line  as  indicated 
by  the  usual  evidences  of  it,  both  at  the  north  and  at  the  south  of  said 
point.     Hence  we  adopted  it. 

The  twelve  mile  monument  could  not  be  found,  neither  could  we 
obtain  any  satisfactory  evidence  of  its  original  location;  we  therefore 
passed  it,  running  direct  from  the  fourteen  to  the  ten  mile  point. 


528  Copies  of  Documents  Relating  to  the 

From  this  ten  mile  point  to  the  eight  mile  monument  our  course  was 
south  twelve  degrees  and  twenty-four  minutes  west,  distance  one  hun- 
dred and  fifty-five  chains  and  seventy-one  links. 

The  surveyors  of  1731  described  the  eight  mile  monument  as  follows: 

The  monument  corresponding  to  the  monument  at  eight  miles  dis- 
tance as  aforesaid,  is  a  stake  with  a  heap  of  stones  round  it,  in  a  hollow 
upon  a  high  rocky  hill. 

We  found  this  monument  readily,  in  a  hollow  upon  a  high  rocky 
hill,  as  above  described,  and  in  such  a  position  as  to  leave  no  doubt  of 
its  identity.  It  was  also  well  known  to  all  the  inhabitants  in  the 
vicinity,  and  conceded  to  be  a  monument  placed  there  to  mark  the  line 
between  the  States,  and  preserved  for  that  purpose. 

The  course  from  this  to  the  six  mile  monument  was  south  ten  degrees 
and  nineteen  minutes  west,  distance  one  hundred  and  fifty-nine  chains 
and  twenty-eight  links. 

The  six  mile  monument  is  thus  described : 

The  monument  corresponding  to  the  monument  at  six  miles  distance 
as  aforesaid,  is  a  stake  with  a  heap  of  stones  round  it,  near  the  north 
end  of  a  swamp,  and  by  a  footpath  leading  to  Danbury. 

The  remains  of  this  monument  were  found,  near  the  north  end  of  a 
swamp,  in  a  meadow.  Its  location  corresponds  with  the  description. 
A  strip  of  dry  ground  which  passes  through  the  swamp,  or  apparently 
between  two  large  swamps,  near  this  point,  gives  evidence  of  the  ancient 
path  to  Danbury. 

From  this  point  to  the  four  mile  monument  the  course  was  south 
twelve  degrees  ten  minutes  west,  distance  one  hundred  and  sixty-four 
chains  and  forty-two  links. 

The  following  is  the  ancient  description  of  the  four  mile  monument : 

The  monument  corresponding  to  the  monument  at  four  miles  distance 
as  aforesaid,  is  a  stake  with  a  heap  of  stones  round  it,  about  twenty 
rods  and  a  half  to  the  eastward  of  Mopo  brook. 

This  monument  in  all  respects  answers  the  above  description.  It  is 
placed  in  a  low  piece  of  ground  which  has  never  been  cultivated,  and 
twenty  and  one-half  rods  east  of  said  Mopo  brook;  the  brook  at  that 
point  running  along  the  east,  side  of  a  high  ridge  of  land  where  evi- 
dently its  bed  could  not  have  materially  changed  in  centuries. 

Our  course  from  the  four  to  the  two  mile  monument,  was  south  eleven 
degrees  and  forty  four  minutes  west,  and  the  distance  one  hundred  and 
fifty?eigbt  chains  and  ninety-nine  links. 

Description  of  said  two  mile  monument,  in  the  old  survey,  as 
follows: 

Corresponding  to  the  monument  fixed  or  set  up  at  two  miles  distance, 
we  heaped  up  some  stones  for  a  monument,  on  the  west  side  of  a  rocky 


Boundaries  of  the  State  of  New  York.  529 

hill,  near  to  a  chestnut  oak  tree,  marked  with  three  notches  on  the  north 
and  south  side. 

This  a  well  known  and  established  point,  the  monument  fully  answer- 
ing its  description,  and  readily  found. 

From  this  monument  to  the  Ridgefield  angle  our  course  was  south 
fourteen  degrees  and  ten  minutes  west;  distance  one  hundred  and  nine 
chains  and  forty-one  links. 

The  angle  monument  is  described  as  follows  in  the  indenture  of  1731: 

The  monument  where  the  two  easternmost  parallel  lines  intersect  and 
terminate  in  each  other,  stands  on  the  north  side  of  a  hill,  and  is  south- 
easterly from  the  easternmost  end  of  the  long  pond. 

This  monument  is  known  quite  extensively,  is  universally  conceded  to 
be  the  true  one,  and  has  never  been  disputed. 

Here  commenced  the  line  from  the  Ridgefield  to  the  Wilton  angle,  the 
intermediate  monuments  being  numbered  from  the  Wilton  angle  north. 
Our  course  from  this  point  to  the  four  mile  monument  in  said  line,  was 
south  twenty-five  degrees  eight  minutes  east,  distance  two  hundred  and 
thirteen  chains  and  thirty-nine  links. 

We  passed  the  six  mile  point,  because  of  our  inability  to  find  the 
monument,  the  original  description  being  very  vague  and  indefinite. 

This  four  mile  monument  is  thus  described  in  the  survey  of  1731: 

Corresponding  to  the  monument  fixed  up  at  the  distance  of  four  miles 
as  aforesaid,  we  set  up  a  stake,  heaped  some  stones  around  it  for  a  monu- 
ment, being  in  a  swamp,  and  on  the  northwest  side  of  a  brook  which  runs 
into  the  pond  of  a  saw  mill. 

This  monument  was  easily  found,  fully  answering  its  description  as 
to  locality.  The  stones  of  which  it  was  composed  wer.e  very  deeply 
imbedded  in  the  soft  mucky  earth,  and  a  stone  post  had  been  set  up  in 
it,  which,  according  to  tradition,  was  placed  there  by  a  Mr.  Keeler  soon 
after  the  survey  of  1731,  he  being  the  owner  of  the  land  on  both  sides 
of  the  line  at  that  time,  and  for  a  long  time  subsequent. 

From  this  to  the  two  mile  monument,  the  course  was  south  twenty- 
four  degrees  and  forty-eight  minutes  east  one  hundred  and  fifty-seven 
chains  and  sixty-three  links. 

The  ancient  description  of  the  last  mentioned  monument  is  as  follows: 

Corresponding  to  the  monument  fixed  up  at  two  miles  distance,  we 
heaped  up  some  stones  for  a  monument  on  the  west  brow  of  a  stony 
ridge  of  land  on  the  top  of  a  rock  sticking  out  of  the  ground. 

This  monument  was  found  in  its  proper  place  as  to  distance,  and  in 
every  respect  corresponding  with  the  foregoing  description. 

The  course  from  this  monument  to  the  Wilton  angle  was  south  twenty- 
four  degrees  fourteen  minutes  east,  distance  one  hundred  and  sixty-seven 
chains  and  twenty-eight  links. 

34 


530  Copies  of  Documents  Relating  to  the 

The  Wilton  angle  monument  is  described  in  the  original  survey  as  the 
monument  at  the  southeast  corner  of  the  additional  lands,  the  following 
being  a  copy  of  such  description: 

The  monument  at  the  south-east  corner  of  the  additional  lands  being 
east-northeast  from  the  monument  erected  in  the  year  one  thousand 
seven  hundred  and  twenty-five,  at  five  hundred  and  eighty-one  rods 
distance,  stands  on  the  west  side  of  a  stony  ridge,  about  six  rods  east 
from  the  south  end  of  a  swamp,  and  is  two  hundred  and  sixty-three 
rods  distant  on  an  east-north  east  course  from  the  west  branch  of  Nor- 
walk  river. 

We  found  this  monument  answering  the  description,  tested  its  loca- 
tion by  measurement  from  the  points  mentioned  in  the  above  descrip- 
tion, and  found  the  distances  correct. 

Our  course  from  the  Wilton  angle  monument,  at  the  end  of  the  line 
running  parallel  to  the  Sound,  along  the  south  line  of  the  oblong,  to 
the  southwest  corner  of  the  same,  being  at  the  end  of  the  line  of 
thirteen  miles  and  sixty-four  rods  from  the  Duke's  trees,  was  south 
sixty-seven  degrees  and  forty-five  minutes  west  one  hundred  and  thirty- 
eight  chains  and  seventy-six  links. 

At  the  southwest  corner  of  the  oblong  no  monument  could  be  found, 
and  tradition  is  the  only  evidence  upon  which  the  point  could  be  estab- 
lished, as  the  surrounding  locality  is  not  described  in  the  old  survey. 
It  is  a  point,  however,  not  disputed,  and  respecting  which  there  is  no 
diversity  of  opinion  among  the  inhabitants  in  the  vicinity.  It  was 
agreed  upon  by  the  joint  commission  of  1856. 

From  this  southwest  corner  of  the  oblong  to  the  Duke's  trees,  it  was 
more  difficult  to  find  the  intermediate  monuments  erected  along  the  line, 
than  from  Massachusetts  line  to  the  Ridgefield  angle,  and  thence  to  the 
Wilton  angle,  in  consequence  of  there  being  no  description  of  them  or 
their  localities. 

The  line  between  these  two  points  is  thus  described  in  the  survey  of 
1725: 

We  have  likewise  run  a  line  from  the  said  three  white  oak  trees  east- 
northeast  thirteen  miles  and  sixty-four  rods,  at  the  end  of  which  we 
raised  a  heap  of  stones,  and  marked  a  black  oak  tree  about  half  a  rod 
to  the  westward  of  the  said  heap  of  stones,  with  the  following  figures 
and  letters,  viz :  13  M.,  64  R.,  —  and  cut  a  broad  notch  into  several 
trees  round  the  said  heap  of  stones,  on  the  sides  of  the  trees  towards 
the  said  heap  of  stones.  We  likewise  raised  a  heap  of  stones  at  the 
end  of  every  mile  from  the  said  three  white  oak  trees,  excepting  the 
first  mile,  which  ending  in  a  watery  swamp  or  pond,  we  raised  a  heap 
of  stones  on  the  west  side  of  said  swamp  at  two  hundred  and  eighty 
rods  from  the  trees,  and  another  heap  on  the  east  side,  at  three  hundred 
and  sixty  rods  from  the  trees,  and  we  marked  the  trees  standing  in  said 
line  with  three  notches  on  their  west  and  east  sides,  which  line,  running 
east-northeast  thirteen  miles  and  sixty-four  rods,  and  marked  and  dis- 


Boundaries  of  the  State  of  New  York.  531 

tinguished  as  aforesaid,  we  have  and  do  hereby  establish  and  fix  as  the 
line  of  partition  so  far  between  the  province  of  New  York  and  colony 
of  Connecticut. 

This  line,  it  will  be  seen,  is  so  imperfectly  described,  that,  to  trace  the 
monuments  by  reference  to  the  old  survey,  as  in  the  other  lines,  was 
beyond  our  power.  Our  measurements  pointed  out  the  places  where 
monuments  should  be  sought,  and  beyond  this  we  were  guided  by 
traditionary  evidence.  But  to  this  we  may  add,  that  no  part  of  this 
line  has  been  in  dispute  at  any  time,  and  the  traditionary  evidence  of  its 
position  is  not  conflicting,  but  admitted  by  the  inhabitants  on  both  sides. 

The  point  selected  as  that  of  the  twelve  mile  monument,  is  where  the 
remains  of  a  monument  are  found.  It  was  pointed  out  to  us  by  a  Mr. 
Davis,  of  Connecticut,  whose  father,  now  deceased,  had  been  the  owner 
of  the  land  for  many  years.  Its  position  is  in  the  traditionary  line,  and 
it  lacked  only  fifty-two  links  of  the  proper  distance  from  the  Duke's  trees. 

At  the  point  selected  for  the  nine  mile  monument  there  is  a  heap  of 
stones,  the  location  of  which  varies  only  six  rods  from  the  proper  dis- 
tance of  nine  miles  from  the  Duke's  trees.  This,  also,  is  in  the  tradi- 
tionary line,  and  being  at  the  proper  point  for  a  monument,  and  where 
it  was  necessary  to  make  a  slight  angle,  (only  eleven  minutes,)  in  order 
to  follow  the  traditionary  line,  we  adopted  it  as  a  monument  point  of 
the  original  survey. 

At  a  point  in  the  traditionary  line,  within  six  rods  of  five  miles  from 
the  Duke's  trees,  we  found  a  heap  of  stones  occupying  the  position  of 
the  monument  at  five  miles.  Being  thus  situated,  and  the  line  as  at  the 
other  points,  undisputed,  we  adopted  it  as  a  monument,  or  monument 
point  of  the  original  survey,  this  enabling  us  to  follow  accurately  the 
original  line,  in  conformity  with  the  rule  we  had  adopted  from  the 
beginning. 

These  points  were  adopted  by  a  majority  of  the  Commissioners,  Mr. 
Brown  dissenting. 

Commencing  on  this  line  at  the  southwest  corner  of  the  oblong,  our 
course  was  south  sixty-five  degrees  and  forty-four  minutes  west,  ninety 
chains  and  eighty-seven  links  to  the  twelve  mile  monument  above 
described  and  adopted;  thence  south  sixty-six  degrees  and  fifty-six 
minutes  west  two  hundred  and  forty-one  chains  and  ninety-three  links 
to  the  nine  mile  monument,  above  specified;  thence  south  sixty-six 
degrees  and  forty-five  minutes  west  three  hundred  and  nineteen  chains 
and  twelve  links  to  the  five  mile  monument,  last  above  described; 
thence  south  sixty-six  degrees  and  twenty-five  minutes  west  three  hun- 
dred and  ninety-eight  chains  and  forty  links  to  the  stone  marked  G.  R., 
at  the  Duke's  trees. 

This  stone  is  in  the  public  highway  leading  from  King  street  to  Bed- 


532  Copies  of  Documents  Relating  to  the 

ford,  near  the  residence  of  Mr.  Langdon.  It  is  at  the  end  of  the  line 
running  parallel  to  the  Sound,  and  is  a  point  that  has  never  been  dis- 
puted, in  the  midst  of  a  thickly  settled  and  richly  cultivated  country, 
from  the  time  of  the  survey  of  1725. 

Between  this  point  and  the  great  stone  or  rock  at  the  wading  place, 
the  surveyors  and  commissioners  of  1725  had  marked  the  line  by  them 
established,  by  the  erection  of  monuments  described  as  follows : 

At  two  miles  from  said  rock,  upon  the  east  side  of  the  said  highway, 
close  by  the  fence  and  near  William  Anderson's  house,  we  raised  a  heap 
of  stones. 

At  three  miles  from  the  great  stone  we  laid  a  heap  of  stones  in  the 
field  belonging  to  William  Fowler  on  the  west  side  of  said  highway. 

At  four  miles  we  raised  a  heap  of  stones  close  by  the  fence,  on  the 
west  side  of  said  highway.  All  the  houses  on  the  west  side  of  the  said 
highway  from  the  said  heap  of  stones,  at  four  miles  from  the  rock  to 
the  place  below  John  Purdy's  where  the  line  comes  into  the  highway, 
being  and  remaining  in  the  province  of  New  York,  and  those  on  the  east 
side  of  said  highway  being  in  the  colony  of  Connecticut. 

At  five  miles  from  said  great  stone  we  raised  a  heap  of  stones  in  John 
Clapp's  field,  which  heap  of  stones  are  thirty-two  rods  on  a  west-south- 
west line  from  the  westernmost  chimney  of  the  said  Clapp's  house. 

At  six  miles  we  marked  a  large  stone  in  the  ground  with  a  X,  and 
raised  a  heap  of  stones  round  it. 

At  six  miles  and  a  half  we  raised  a  heap  of  stones  near  the  north  side 
of  a  meadow,  near  John  Hutchinson  his  house. 

At  the  time  of  the  old  survey  and  erection  of  these  monuments,  the 
country,  along  the  whole  length  of  this  line,  was,  evidently,  quite  thickly 
settled,  therefore  these  rude  monuments  very  soon  disappeared ;  and, 
of  course,  at  the  time  of  our  survey,  none  of  them  were  in  existence, 
and  but  two  of  the  points  where  such  monuments  were  erected  could  be 
located  with  any  degree  of  certainty. 

At  the  fifth  mile  on  said  line,  notwithstanding  the  monument  itself 
was  not  in  existence,  the  foundation  of  the  chimney  of  John  Clapp's 
house  remained  undisturbed.  Finding  that  of  this  fact  there  could  be 
no  doubt,  we  measured  from  said  chimney  on  a  west-southwest  line,  and 
at  the  end  of  thirty-two  rods  established  a  point  in  our  line.  This  point 
is  in  the  traditionary  line,  and  by  running  through  it  the  line  is  varied 
very  slightly  from  where  the  people  have  always  located  it. 

The  stone  foundation  of  William  Anderson's  house,  referred  to  in  the 
description  of  the  two  mile  monument,  still  remains,  and  was  pointed 
out  by  old  residents  of  the  neighborhood.  The  distance  of  the  line 
westerly  from  this  house  is  not  stated,  but  the  point  or  place  the  tradi- 
tionary line  occupied  was  pointed  out,  and  this  enabled  us  to  fix  a 
monument  point  at  said  Anderson's  house  so  accurately  that  an  angle 
of  but  two  minutes  was  required  in  order  to  follow  the  traditionary  line 
to  the  great  stone  at  the  wading  place  on  Byram  river. 


Boundaries  of  the  State  of  New  York.  533 

Starting  from  the  stone  marked  G.  R.,  located  in  the  highway  at  the 
Duke's  trees,  our  course  was  south  twenty-three  degrees  and  thirty-eight 
minutes  east  one  hundred  and  seventy-two  chains  and  ninety-three  links, 
to  the  five  mile  monument  point,  west-southwest  thirty-two  rods  from  the 
west  chimney  of  the  John  Clapp.house;  thence  south  twenty-four  degrees 
twenty-one  minutes  east  two  hundred  and  twenty-four  chains  and  sev- 
enty-eight links,  to  the  monument  point  in  the  highway  near  and  west  of 
the  William  Anderson  house;  thence  south  twenty-four  degrees  and 
nineteen  minutes  east  one  hundred  and  seventy-three  chains  and  seven 
links,  to  a  bolt  in  the  great  stone  at  the  wading  place  on  Byram  river. 

The  great  stone  at  the  wading  place,  is  a  large  rock  on  the  east  bank  of 
Byram  river,  with  a  bolt  fixed  in  it,  and  there  was  no  room  for  any  ques- 
tion respecting  it.     It  has  always  been  known  as  a  point  in  the  State  line. 

From  this  we  ran  to  a  rock  in  the  channel  of  the  river,  which  is  out 
of  water  at  low  tide,  on  a  course  south  seventeen  degrees  and  forty-five 
minutes  west,  twelve  chains  and  sixty  links.  In  this  rock  there  is  a 
bolt.  Thence,  following  the  channel  of  the  river,  south  twenty-seven 
degrees  west,  fifty -five  chains  and  nineteen  links;  thence  south  seven 
degrees  and  twenty  minutes  east  thirteen  chains  and  forty-five  links; 
thence  south  twelve  degrees  and  ten  minutes  east  sixteen  chains  and 
thirteen  links ;  thence  south  two  degrees  and  forty  minutes  east  nine 
chains  and  four  links ;  thence  south  twenty-eight  degrees  and  twenty- 
five  minutes  east  nine  chains  and  fifty-four  links ;  thence  south  eighteen 
degrees  and  forty  minutes  east  four  chains  and  seventy-seven  links; 
thence  south  eleven  degrees  and  fifty-five  minutes  west  six  chains  and 
thirty-three  links ;  thence  south  fifty-eight  degrees  and  ten  minutes 
west  to  where  it  falls  into  the  Sound. 

The  survey  being  completed,  and  the  marks  fixed,  the  work  of  placing 
monuments  on  the  line  commenced  on  the  second  day  of  October  last. 
The  engineer,  aided  by  at  least  one  Commissioner,  superintended  the 
setting  of  each,  to  see  that  the  business  was  done  properly. 

This  was  found  a  difficult  business,  as  the  monuments,  most  of  them, 
weighed  from  five  to  seven  hundred  pounds  each  ;  their  transportation 
to  proper  points  on  the  line  was  very  expensive,  and  many  of  the  points 
where  they  were  to  be  placed  were  away  from  the  roads  —  sometimes 
almost  inaccessible,  some  quite  so  with  teams.  To  have  them  left 
at  proper  points,  too,  it  was  necessary  to  have  one  of  our  assistants 
acquainted  with  the  line,  to  superintend  their  distribution. 

We  believe  we  are  warranted  in  saying  that  when  our  work  was 
finished,  it  was  entirely  satisfactory  to  the  people  interested  on  both 
sides  of  the  line,  and  that  strict  justice  was  done  to  both  States. 

In  reference  to  the  line  from  Massachusetts  to  the  Sound,  described  in 
this  report,  it  is  perhaps  well,  for  the  purpose  of  giving  a  better  under- 


534  Copies  of  Documents  Relating  to  the 

standing  of  the  whole  matter,  to  present  a  few  interesting  facts  connected 
with  it  as  found,  and  as  we  left  it  when  our  duties  were   completed. 

The  line  passes  through  a  section  of  country  nearly  three-fourths  of 
which,  as  the  line  traverses  it,  consists  of  rugged  hills  and  mountains, 
woods  and  swamps.  The  hills  and  mountains  were  frequently,  and 
often  for  long  distances,  covered  with  thickets  of  scrub  oaks  and  lau- 
rels, and  where  not  thus  covered,  with  a  vigorous  growth  of  young 
chestnut,  oak,  walnut  and  other  woods.  The  proportion  of  old  forests 
was  small,  and  where  found  were  seldom  free  of  underbrush.  There 
was  also  among  these  an  almost  continuous  succession  of  rugged  eleva- 
vations  and  deep  ravines.  The  swamps,  which  were  numerous,  and 
often  large,  were  like  the  mountains,  covered  with  thickets  of  under- 
brush of  every  kind,  often  well  sprinkled  with  poison  sumac,  through 
which  we  were  obliged  to  pass.  Our  progress  was  necessarily  slow,  and 
only  as  the  axe  men  cleared  our  way. 

Even  in  what  we  considered  the  best  portions  of  the  line,  from  the 
Ridgefield  to  the  Wilton  angle,  there  is  little  improvement,  except  that 
there  are  no  high  elevations  to  overcome  ;  and  from  the  Wilton  angle 
to  the  Duke's  trees,  there  is  an  almost  continuous  succession  of  lofty 
ridges  and  deep  valleys,  a  large  portion  covered  with  wood,  and  the 
surface  very  rough.  On  King  street  alone  we  had  good  running,  but 
even  that  was  slow,  owing  to  the  numerous  orchards  and  groves  through 
which  we  were  obliged  to  pass. 

The  monuments  spoken  of  as  having  been  found  at  the  end  of  one 
hundred  and  twenty-nine  years  from  the  date  of  their  erection  by  the 
commissioners  of  1731,  were  all  on  lands  that  had  never  been  cultivated, 
and  with  but  four  exceptions  in  meadows,  in  unfrequented  mountains, 
or  old  woods,  where  no  improvements  of  the  soil  had  been  made. 
Beyond  cutting  off  the  wood  to  sell  in  the  neighboring  markets,  or  to 
burn  into  coal,  there  had  been  no  material  changes.  As  to  those  we 
speak  of  located  in  meadows,  they  were  situated  in  grounds  that  had 
never  been  ploughed.  This  explains  the  reasons  why  they  had  been 
preserved  so  long.  When  they  were  removed,  their  location  with  but 
two  exceptions,  was  in  cultivated  grounds. 

As  the  law  under  the  authority  of  which  we  acted,  required  us  to 
follow  strictly  the  original  line,  much  more  time  was  required  at  several 
points  than  would  have  been  necessary  had  Connecticut  been  repre- 
sented, as  then  an  agreement  upon  a  point  would  have  been  sufficient  in 
each  case.  But  acting  alone,  and  constantly  under  the  eye  of  close 
observers  on  both  sides,  we  resolved  to  assume  nothing,  but  to  gather 
evidence  that  could  leave  no  reasonable  doubt  of  the  correctness  of  our 
decisions  in  each  case.  To  guard  the  more  effectually  against  mistakes, 
or  unwarranted  assumptions,  it  was  arranged  that  a  majority  of  the 


Boundaries  of  the  State  of  New  York.  535 

commissioners  should  be  constantly  on  hand.  If  our  labors  were  pro- 
tracted in  some  instances,  it  was,  that  they  might  be  so  concluded  that 
no  controversy  could  follow  them. 

It  will  be  observed  that  we  occupy  an  unusual  space  in  speaking  of 
the  monument  at  thirty-three  miles  ;  this  is  because  the  traditionary 
evidence  there  first  obtained,  was  found  in  direct  conflict  with  that  of 
the  old  survey.  The  new  residents  of  the  place  had  become  accustomed 
to  regard  an  old  stone  heap  where  they  supposed  a  monument  ought  to 
be,  as  the  monument,  and  therefore,  the  line  as  passing  through  it.  But 
the  application  of  our  instruments,  and  the  test  of  measurements,  proved 
at  once  beyond  doubt,  that  it  never  could  have  been  a  line  monument. 
Notwithstanding  this,  we*  did  not  adopt  the  monument  for  this  point, 
to  us  newly  discovered,  until  we  had  collected  traditionary  evidence 
that  was  sufficient,  and  had  applied  to  it  the  tests  of  course  and  distance 
that  were  sufficient  to  satisfy  all  reasonable  men. 

In  consequence  of  the  discovery  of  the  original  thirty-three  mile 
monument,  in  running  from  that  to  the  thirty  mile  monument,  we 
changed  one  residence,  that  had  been  considered  in  Connecticut,  into 
New  York,  and  this  is  the  only  change  made  from  Connecticut  to  New 
York  in  the  entire  line. 

It  is  proper,  also,  to  add  here,  that  the  error  above  spoken  of,  the 
substitution  of  a  spurious  stone  heap  for  the  thirty-three  mile  monu- 
ment, has  been  the  source  of  much  comment,  and  no  small  amount  of 
difference  respecting  the  line  from  the  Ridgefield  angle  to  Massachusetts. 
The  fact  that  said  old  stone  heap  was  nine  hundred  and  thirty-six  feet 
west  of  a  straight  line  from  the  thirty -five  to  the  thirty  mile  monument, 
and  about  seven  rods  west  of  a  straight  line  running  from  Massachusetts , 
line  monument  to  Ridgefield  angle  monument,  while  all  the  other 
intermediate  monuments  were  east  of  such  line,  constituted  generally 
the  principal  capital  of  the  Connecticut  commissioners  in  their  objections 
to  following  the  original  line.  We  removed  the  crook  which  they  could 
not  endure,  and  humbly  trust  that  intelligence  of  the  fact  will  afford 
them,  and  the  authorities  of  that  patriotic  State,  substantial  relief. 

In  our  explorations  over  the  line  with  the  Connecticut  Commissioners, 
in  September,  1859,  a  stone  standing  up  in  a  wall  was  shown  as  the 
twelve  mile  monument  point.  When  we  had  reached  the  fourteen  mile 
monument  in  our  survey,  we  struck  for  this  stone,  supposing  it  to 
occupy  a  monument  point,  and  found  it  one  thousand  three  hundred 
and  forty-two  feet  short  of  the  proper  distance,  and  one  hundred  and 
sixty-one  feet  east  of  a  straight  line  from  the  fourteen  to  the  ten  mile 
monument  point.  Although  it  had  been  considered  for  a  time,  we  pre- 
sume, in  the  traditionary  line,  the  evidence  of  its  spurious  character  was 
bo  conclusive,  after  a  full  examination,  that  we  rejected  it.     No  reliable 


536  Copies  of  Documents  Relating  to  the 

traces  of  the  original  monument  being  found,  we  ran  a  straight  course 
from  the  fourteen  to  the  ten  mile  point,  thus  passing  one  hundred  and 
sixty-one  feet  west  of  this  stone,  placed  the  line  so  far  to  the  west  of 
what  had  been  considered  its  position,  and  removed  another  crook  that 
in  passed  negotiations  had  assumed  the  importance  of  a  stumbling 
block.  Here  we  changed  a  house  formerly  considered  partly  in  each 
State  into  Connecticut. 

Nothing  worthy  of  special  note  was  observed  from  the  above  point 
until  we  reached  the  monument  two  miles  from  the  Wilton  angle.  Here 
we  found  that  a  third  spurious  stone  heap  had  been  taken  for  a  monu- 
ment, and  had  led  a  few  residents  to  suppose  they  were  in  New  York 
while  really  in  Connecticut.  We  had  not  previously  explored  this  part 
of  the  line,  but  on  examining  and  applying  the  usual  tests,  we  found  the 
character  of  this  stone  heap,  that  it  in  no  respects  answered  the  original 
description.  It  was  at  least  fifty  rods  too  far  south,  in  swampy  ground. 
The  true  monument  was  found  on  the  west  side  of  a  stony  ridge, 
answering  perfectly  the  original  description,  and  at  the  proper  distance. 
This  enabled  us  to  fix  the  line  accurately  from  this  monument  to  the 
Wilton  angle.  In  so  doing  we  changed  three  residences,  supposed  to 
be  in  New  York,  into  Connecticut. 

We  ever  have  believed  that  could  the  Connecticut  Commissioners 
have  been  induced  to  unite  with  us  in  a  survey  of  the  line,  as  we  pro- 
gressed with  the  same,  their  objections  would  disappear,  and  we  are 
now  confirmed  in  this  opinion,  from  the  fact  that  their  main  objections 
to  following  the  old  line,  were  because  of  these  greatest  irregularities 
in  it,  and  of  their  understanding  of  the  old  survey;  they  insisting  that 
the  measurements  of  the  old  Commissioners  and  surveyors  were  surface 
measurements,  without  leveling  the  chain,  and  claiming  that  all  our 
measurements  should  be  made  in  the  same  manner ;  while  we  as  strongly 
insisted  that  such  measurements  were  horizontal  measurements,  per- 
formed in  the  best  manner  the  same  oould  be,  upon  the  surface  of  the 
ground.  The  irregularities  above  named,  it  will  be  seen  by  reference 
to  our  survey,  were  wholly  removed,  and  the  length  of  the  several  lines, 
according  to  our  measurements,  performed  in  the  best  manner  the  same 
could  be  done  by  levelling  the  chain,  proves  conclusively  that  they 
were  wrong  in  their  calculations,  the  distance  from  Massachusetts  line 
to  Ridgefield  angle,  according  to  our  measurement,  varying  only  about 
five  rods  from  the  distance  given  by  the  old  surveyors. 

It  should  be  observed  in  reference  to  the  monuments  spoken  of  in  the 
old  surveys  as  corresponding  to  other  monuments,  that  in  the  said  sur- 
veys there  is  a  description  first  given  of  the  monuments  as  erected  in 
the  west  line  of  the  oblong,  and  first  line  between  the  States;  that  in 
setting  off  the  Equivalent  Tract,  the  surveyors  followed  said  west  line, 


Boundaries  of  the  State  of  New  York.  537 

and  from  each  of  the  monuments  on  it  ran  perpendiculars  by  the  com- 
pass, one  mile,  three-quarters  of  a  mile,  and  twenty  rods  in  length, 
and  at  the  end  of  such  perpendiculars  erected  the  corresponding  monu- 
ments, described  to  designate  the  east  line  of  said  Equivalent  Tract, 
and  the  line  by  them  established  between  the  States.  Thus,  all  those 
above  the  Wilton  angle,  in  the  line  we  traced,  were  monuments  or  points 
corresponding  to  those  opposite;  numbering  first  from  the  Wilton  angle 
to  the  Ridgefield  angle,  and  then  from  the  latter  angle  to  the  Massachu- 
setts line.  This  also  explains  why  the  east  line  is  not  perfectly  straight; 
the  measurements  of  the  perpendiculars  over  the  uneven  and  wild  country 
of  1731  could  not  be  accurately  made,  and  hence  were  of  slightly  une- 
qual lengths.  As  the  country  is  full  of  minerals,  too,  variations  of  the 
compass  must  have  been  frequent,  so  that  said  perpendiculars,  in  many 
instances,  were  not  parallel  to  each  other,  which  accounts  also  for  the 
fact  that  the  monuments  in  the  line  established  were  not  placed  in  all 
instances  at  the  intended  distances  apart. 

These  facts  also  explain  another  of  material  importance.  The  commis- 
sioners of  1731,  were  doubtless  aware  that  their  work  could  not  be  done  up 
with  that  perfect  accuracy  and  precision  that  would  render  future  cavil 
impossible,  and,  therefore,  in  order  to  guard  effectually  against  leaving 
grounds  for  controversy,  were  careful  to  describe  every  monument  they 
had  erected,  and  then  to  define  the  line,  and  enter  into  an  agreement  estab- 
lishing it,  as  it  ran  through  the  several  monuments  by  them  described. 

Our  report  is  of  unusual  length,  but  is  necessarily  so  because  we  have 
considered  it  essential,  under  the  peculiarities  of  our  position  in  arrang- 
ing the  matter  in  dispute  between  two  States,  to  set  forth  and  maintain 
the  following  positions: 

First  —  That  the  original  exchange  of  lands  was  proposed  by  Connec- 
ticut. 

Second  —  That  all  the  difficulties  respecting  it  originated  on  her  part, 
as  well  as  the  delays  that  were  most  unreasonably  and  unnecessarily 
prolonged. 

Third  —  That  the  proposal  to  run  and  mark  the  line  anew,  as  it  had 
become  obscure  and  in  dispute,  was  made  by  Connecticut  in  1855. 

Fourth  —  That  since  its  acceptance  by  New  York  in  1856,  the  com- 
missioners of  Connecticut  have  constantly  thrown  obstacles  in  the  way 
of  a  fair  adjustment,  by  repudiating  the  original  line,  and  their  own 
proposition,  and  insisting  upon  running  a  new  line. 

Fifth  —  That  three-fourths  of  all  the  expense,  except  that  of  the  sur- 
vey only,  has  arisen  from  this  cause  alone. 

Sixth  —  That  our  final  efforts  to  induce  the  Connecticut  commissioners 
to  unite  with  us  in  the  survey,  were  met  by  a  proposition  that  would 
have  complicated  the  controversy  more  than  ever. 


538  Copies  of  Documents  Relating  to  the 

Seventh  —  That  we  have  finished  our  work  in  such  manner  that  the 
rights  of  both  parties  have  been  rigidly  respected,  and  there  now 
remains  nothing  that  can  form  a  legitimate  subject  of  dispute. 

One  more  topic  only  needs  attention.  Since  our  labors  were  com- 
pleted, with  which  no  dissatisfaction  has  been  expressed  by  any  of  those 
interested,  the  Governor  of  Connecticut  has  made  propositions  to  the 
Governor  of  this  State,  the  same  as  though  things  remained  as  they 
were  in  ]  855. 

He  makes  the  three  propositions  which  were  made  to  us  by  the  Con- 
necticut commissioners  in  June  last,  at  New  Haven,  a  copy  of  which, 
with  our  written  rejection,  giving  our  reasons  for  such  rejection,  are 
embodied  in  this  report. 

Why  these  propositions  are  renewed  at  this  time  by  the  Executive  of 
Connecticut,  after  full  action  had  upon  them  by  the  commissioners,  we 
cannot  conceive.  Any  action  upon  them  now  could  certainly  amount 
to  nothing  further  than  the  making  of  additional  expense,  the  whole 
question  being  settled,  or  at  least  in  a  position  to  be  tested  by  judicial 
tribunals,  if  conflicting  questions  of  jurisdiction  arise  between  the  States. 

We  submit  these  additional  facts  as  a  final  illustration  of  this  extraor- 
dinary controversy. 

We  have  appended  hereto,  for  future  reference,  a  description  of  the 
line,  and  each  of  the  points  thereon,  where  monuments  or  bolts  have 
been  placed  by  us,  to  designate  the  same. 

We  have  had  prepared,  by  our  engineer  and  assistant,  a  map,  together 
with  a  diagram  of  the  line  to  accompany  this  report. 

The  expenses  of  the  commissioners,  that  have  accrued  in  prosecuting 
their  labors,  since  our  last  report,  are  as  follows : 

Expenses  of  the  survey,  including  pay  of  engineer  and 
assistant,  flagmen,  chainmen,  axemen,  transportation,  use 
of  team,  tools,  &c ...   $2,434  34 

Cost  of  monuments,  transportation  of  same  to  the  proper 
points,  including  engineering  expenses,  and  hire  of  labor- 
ers setting  them 830  05 

Other  expenses  of  a  general  nature,  including  pay  of  engineer 

for  making  maps  and  reports,   &c 281  69 

Services  of  commissioners,  and  their  traveling  expenses  dur- 
ing the  survey,  setting  of  monuments  and  making  report,     5 ,  245  05 

$8,791   13 
All  of  which  is  respectfully  submitted. 

ISAAC  PLATT. 
JACOB  VROMAN. 
LEANDER  D.  BROWN. 


>v   OP"   T 

BIVBRSIT3 

Boundaries  of  the  State  of  New  York.  „  539 

Boundary  Line  Between  New  York  and  Connecticut,  as  Located 
and  Marked  by  the  New  York  Commissioners  in  1 860. 

Description  of  the  monuments,  and  the  positions  in  which  they  were 
placed  on  the  boundary  line  between  New  York  and  Connecticut,  in 
conformity  with  the  survey  of  1860: 

The  monuments  from  the  Massachusetts  line  to  and  including  the 
tenth  mile  monument,  are  of  sawed  marble,  eight  inches  square,  from 
five  to  six  feet  in  length,  and  standing  out  of  the  ground  about  two  and 
a  half  feet.  And  the  monuments  from  the  tenth  mile  to  Wilton  angle, 
and  including  one  west  of  said  angle,  also  those  at  the  twelfth  and  fifth 
mile  points  on  the  line  parallel  to  the  Sound,  are  of  cut  granite,  finished 
two  and  a  half  feet,  eight  inches  square  at  the  base  or  surface  of  the 
ground,  and  six  inches  square  at  the  top.  And  at  the  five  and  two 
mile  points  on  the  line  from  the  Duke's  trees  to  the  stone  at  the  wading 
place,  are  similar  to  those  north  of  the  tenth  mile  ;  the  remainder  being 
of  rough  granite  slabs,  varying  in  breadth  and  thickness.  For  the 
original  monument  points  our  monuments  were  marked  with  the  number 
of  miles  corresponding  to  the  original  survey,  and  all  other  monuments 
were  marked  with  the  letters  N.  Y.,  on  the  New  York  side,  and  Gt.  on 
the  opposite  side. 

At  the  Massachusetts  line  we  set  a  monument  on  a  ridge  between 
two  high  hills  in  the  Taghcanic  mountains,  one  hundred  and  sixty  rods 
east  from  the  southwest  corner  of  Massachusetts,  and  one  hundred  and 
twenty-two  rods  east  from  a  bolt  placed  in  a  rock  on  the  westernmost 
range  of  said  mountains,  and  in  the  southerly  line  of  Massachusetts. 

At  a  distance  of  fifty-eight  chains  twenty-five  links  from  the  above 
mentioned  monument,  we  placed  a  bolt  firmly  in  the  rock,  and  heaped 
up  some  stones  near  it,  being  on  the  east  brow  of  a  high  ridge. 

At  a  distance  of  one  hundred  and  sixty  chains  seventy-four  links  from 
the  Massachusetts  line,  we  fixed  a  bolt  in  a  rock,  westerly  from  the 
southerly  end  of  North  pond,  and  fifteen  chains  fifty-nine  links  northerly 
from  where  the  line  crosses  the  outlet  of  Grass  pond. 

At  a  distance  of  two  hundred  and  forty-four  chains  from  the  Massa- 
chusetts line,  we  set  a  bolt  on  a  high,  rocky  ridge,  on  the  northerly  side 
of  a  run,  or  deep  ravine. 

At  a  distance  of  three  hundred  and  six  chains  twenty-one  links  from 
Massachusetts  line,  we  set  a  bolt  in  a  rock  about  eighty  feet  east  from 
the  brow  of  a  high  ledge,  which  is  east  of  a  run,  and  pasture  land. 

For  the  forty-seventh  mile  we  set  a  monument  in  the  plain  which  is 
south  of  Taghcanic  mountain,  adjoining  the  land  of  William  Kelsey, 
and  about  four  hundred  and  seventy  feet  south  of  a  highway  running 
nearly  east  and  west. 

At  the  distance  of  forty-one  chains  six  links  from  the  forty-seventh 


540  Copies  of  Documents  Relating  to  the 

mile  monument,  we  set  a  monument  in  the  road  leading  from  Millerton 
to  Lakeville,  being  at  the  junction  of  said  road  with  the  road  from 
Spencer's  Corners. 

We  have  set  a  monument  on  the  south  side  of  a  road  leading  from 
George  Clark's,  near  Indian  pond,  to  Lakeville,  one  hundred  and 
twenty-nine  chains  nine  links  from  the  forty-seventh  mile  monument. 

For  the  forty-fourth  mile  monument  we  set  a  monument  at  the  south- 
west corner  of  the  Ore-bed  House  dooryard,  near  Indian  pond,  about 
twelve  rods  on  a  perpendicular  line  east  from  Indian  pond. 

We  have  set  a  monument  on  the  north  side  of  a  road  leading  from 
Millerton  to  Sharon  Valley,  by  Norman  Wheeler's,  eighty-five  chains 
nineteen  links  from  the  forty-fourth  mile  monument. 

At  the  forty-second  mile  we  set  a  monument  on  the  brow  of  the  bank, 
on  the  north  side  of  Ten  Mile  river,  where  it  runs  easterly,  and  five 
chains  twenty-nine  links  on  the  perpendicular  line  easterly  from  the 
east  side  of  said  Ten  Mile  river. 

We  also  set  a  monument  on  the  north  side  of  a  road  leading  from 
Sharon  station  on  the  Harlem  railroad  to  Sharon  Valley,  at  a  distance 
of  fifteen  chains  sixty-three  links  from  the  forty-second  mile  monument. 

We  also  set  a  monument  on  the  south  side  of  a  road  leading  from 
Amenia  to  Sharon,  through  Sharon  Valley,  at  a  distance  of  one  hundred 
and  thirty-seven  chains  forty-seven  links  from  the  forty-second  mile 
monument. 

At  the  fortieth  mile  we  set  a  monument  in  a  wet  piece  of  ground, 
about  forty  rods  east  on  a  perpendicular  from  Ten  Mile  river,  and  one 
hundred  and  sixty-seven  feet,  on  a  south  forty-three  degrees  east  course, 
from  a  well  on  the  east  side  of  a  house  occupied  by  George  Wheeler. 

We  have  set  a  monument  on  the  north  side  of  a  road  running  nearly 
east  and  west,  at  a  distance  of  twenty-nine  chains  fifty-four  links  from 
the  forty  mile  monument. 

We  have  set  a  monument  in  the  north  end  of  the  street  running  nearly 
north  and  south  through  the  village  of  Hitchcock's  Corners,  two 
hundred  and  seventeen  chains  twenty-one  links  from  the  forty  mile 
monument,  and  fifty-five  feet  east  from  the  northeast  corner  of  Milo 
Winchester's  house. 

We  have  set  a  monument  on  the  south  side  of  the  street  leading 
southeasterly  from  the  village  of  Hitchcock's  Corners,  at  a  distance  of 
two  hundred  and  twenty-nine  chains  eighty-one  links  from  the  forty 
mile  monument.  It  is  sixteen  and  seven-tenths  feet  east  from  the  south- 
east corner  of  William  Wattles'  house. 

We  also  set  a  monument  on  the  south  side  of  the  highway  which 
passes  the  dwelling  of  George  Clark,  three  hundred  and  forty-seven 
chains  forty-two  links  distance  from  the  forty  mile  monument. 


Boundaries  of  the  State  of  New  York.  541 

At  the  thirty-fifth  mile  we  set  a  monument  on  the  west  side  of  a  high 
hill,  it  being  at  the  corner  of  the  towns  of  Sharon  and  Kent  in  the  State 
of  Connecticut.  This  monument  was  placed  three  feet  south  of  the 
center  of  a  rock  upon  which  is  placed  the  original  monument  of  1731. 

At  the  thirty-third  mile  we  set  a  monument  on  the  north  side  of  the 
hollow  rock  on  which  was  erected  the  original  thirty-three  mile  monu- 
ment, it  being  on  the  west  side  of  a  high  hill. 

We  placed  a  monument  on  the  north  side  of  Bog  Valley  road,  distance 
fifty-one  chains  fifty-seven  links  from  the  thirty-three  mile  monument. 

We  fixed  a  bolt  in  a  rock,  on  the  southeast  brow  of  a  high  ridge  in 
the  Preston  range  of  mountains,  one  hundred  and  eleven  chains  eighty- 
seven  links  from  the  thirty-three  mile  monument.  The  mountain  road 
across  to  Dover  Plains  is  at  the  bottom  of  the  south  slope  of  said  ridge. 

For  the  thirty  mile  point  we  placed  a  bolt  in  the  rock  where  the 
monument  remained,  on  the  south  side  of  a  high  hill,  and  set  a  monu- 
ment in  the  line  six  and  three-tenths  feet  south  of  the  bolt. 

We  fixed  a  bolt  in  a  rock  on  the  east  slope  of  a  ridge,  there  being 
low  wet  ground  to  the  east  of  said  point,  sixty  chains  eighty-three  links 
from  the  thirty  mile  point. 

For  the  twenty-eighth  mile,  we  set  a  monument  on  the  southeast 
slope  of  Schaghticoke  mountains.  The  Preston  lot  and  McDurf  lot,  in 
the  State  of  New  York,  and  the  Housatonic  Indian  Reservation,  in  Con- 
necticut, corner  on  this  monument. 

A  monument  was  set  on  the  east  side  of  a  road  which  runs  southerly 
from  the  foot  of  Schaghticoke  mountains,  crossing  Ten  Mile  river  at  the 
north  end  of  Ten  Mile  hill.  It  is  two  hundred  and  thirty-one  and  a 
half  feet  north  of  the  east  window  in  the  house  now  occupied  by  Hiram 
Allis,  through  which  window  the  line  passes. 

For  the  twenty-sixth  mile,  we  placed  a  monument  on  the  northwest 
side  of  a  high  hill  (called  Ten  Mile  hill),  thirty  chains  and  ninety -six 
links,  on  a  south  ten  degrees  fifty-six  minutes  west  course,  from  where 
the  line  crosses  Ten  Mile  river. 

We  set  a  monument  on  the  south  side  of  a  road  leading  from  South 
Dover  to  Gaylord's  Bridge,  which  is  ninety-one  chains  from  the  twenty- 
six  mile  monument. 

Also  a  monument  on  the  south  side  of  a  road  leading  from  South 
Dover  to  Sherman  Centre,  at  the  distance  of  one  hundred  and  eleven 
chains  fifteen  links  from  the  twenty-six  mile  monument. 

Also  a  monument  on  the  north  side  of  a  road  leading  from  Quaker 
Hill  to  Sherman  Centre,  near  the  dwelling  of  John  R.  Caldwell.  It  is 
from  five  to  six  rods  east  of  a  bridge  across  a  small  stream,  and  two 
hundred  and  forty-four  chains  fifty-nine  links  from  the  twenty-six  mile 
monument. 


542  COPTES   OF  DOOUMENTS   RELATING    TO    THE 

For  the  twenty-second  mile,  we  set  a  monument  on  a  rocky  ridge,  on 
the  east  side  of  New  Fairfield  hills. 

We  set  a  monument  at  the  angle  of  a  road  which  runs  northerly  from 
the  dwelling  of  the  widow  Haviland,  and  where  it  runs  easterly,  at  a 
distance  of  one  hundred  and  nineteen  chains  and  forty-three  links  from 
the  twenty-two  mile  monument. 

At  the  twenty  mile  point  we  set  a  monument  in  a  wet  piece  of  ground 
near  the  west  side  of  a  rocky  ridge. 

We  also  placed  a  monument  at  a  distance  of  eighty-three  chains  and 
sixteen  links  from  the  twenty  mile  monument,  it  being  on  the  summit 
between  the  twenty  and  eighteen  mile  monuments. 

For  the  eighteenth  mile,  we  set  a  monument  on  the  brow  of  a  ledge, 
it  being  on  the  westerly  side  of  a  hill,  and  east  of  a  ravine  through 
which  a  small  stream  of  water  runs  to  the  southeast. 

A  monument  was  placed  on  the  south  side  of  a  highway  called  the 
Old  turnpike,  where  it  crosses  a  swamp.  There  is  a  low  rocky  ridge 
east  of  it,  and  it  is  thirty-seven  chains  eighty-seven  links  from  the  eigh- 
teen mile  monument. 

Also  a  monument  on  the  south  side  of  a  road  which  leads  from  Quaker 
Hill  to  Haviland  Hollow,  it  being  the  first  road  north  of  Cranberry 
mountain.  This  monument  is  one  hundred  and  six  chains  and  thirty 
links  from  the  eighteen  mile  monument. 

For  the  sixteenth  mile,  we  set  a  monument  on  Cranberry  mountain. 
There  are  two  small  ponds  to  the  southeast  of  it,  the  nearest  of  which 
is  eighty-nine  feet  from  said  monument. 

At  a  distance  of  eighty-three  chains  ninety-five  links,  from  the  sixteen 
mile  monument,  we  placed  a  monument  on  the  west  bank  of  the  east 
branch  of  Croton  river,  about  one  hundred  and  twenty-one  feet  north 
of  a  highway  bridge  across  said  river. 

Also  a  monument  on  the  south  side  of  a  road  leading  from  Haviland 
Hollow  to  South  East,  one  hundred  and  forty-three  chains  fifty-four 
links  from  the  sixteen  mile  monument. 

For  the  fourteenth  mile  point  we  set  a  monument  on  the  northwest 
side  of  a  hill,  seventeen  chains  fifty-three  links  south  of  the  last  men- 
tioned monument  at  the  road  crossing. 

Also  another  monument  on  the  north  side  of  a  road  leading  westerly 
from  Ball's  pond,  about  seventy-four  chains  forty  links  from  the  four- 
teen mile  monument. 

Also  a  monument  on  the  north  side  of  a  road  leading  from  Deloss 
Barnum's  to  the  south  end  of  Ball's  pond,  at  a  distance  of  one  hundred 
and  seventy-six  chains  sixty-nine  links  from  the  fourteen  mile  monument. 
Milltown  to  Ball's  pond,  at  a  distance  of  two  hundred  and  fifty-six 

Also  another  monument  on  the  north  side  of  a  road  leading  from 


Boundaries  of  tee  State  of  New  York.  543 

chains  eighty-nine  links  from  the  fourteen  mile  monument,  eighty-three 
and  eight-twelfths  feet  east  from  the  east  side  of  a  road  running  nearly 
north  and  south. 

For  the  tenth  mile,  we  placed  a  monument  on  the  west  of  a  hip-h 
rocky  hill,  and  east  of  the  north  end  of  a  low  rocky  ridge.  It  is  nearly 
equal  distance  from  these  land  mai-ks,  in  a  meadow,  about  one  hundred 
and  fifty-five  feet  north  of  a  low  rocky  ridge  in  the  line. 

Also  a  monument  on  a  high  ridge,  running  northeasterly  from  round 
mountain,  at  a  distance  of  fifty-nine  chains  thirty-six  links  from  the  ten 
mile  monument. 

And  another  on  the  north  side  of  the  highway  leading  from  Milltown, 
in  the  town  of  Southeast  to  Danbury,  at  a  distance  of  one  hundred"  and 
forty  chains  forty-two  links  from  the  ten  mile  monument. 

For  the  eighth  mile  we  set  a  monument  in  a  hollow  on  the  east  end 
of  Joe's  hill,  fifteen  chains  twenty-eight  links  south  of  the  last  men- 
tioned monument. 

We  also  set  a  monument  on  the  south  side  of  the  turnpike  leading 
from  Danbury  to  Brewster's  Station,  sixty-seven  chains  ninety-five  links 
south  of  the  eight  mile  monument. 

""    At  the  sixth  mile  point  we  set  a  monument  in  a  wet,  stony  meadow, 
on  the  north  side  of  a  swamp. 

Also  a  monument  on  the  west  side  of  a  road  leading  from  Peach  Pond 
to  Ridgebury,  at  the  southerly  end  of  the  road  where  it  runs  nearly 
north  and  south,  and  thence  turns  easterly.  It  is  one  hundred  and  nine- 
teen chains  fifty-four  links  from  the  six  mile  point. 

For  the  fourth  mile  we  set  a  monument  in  the  north  end  of  a  boggy 
meadow,  about  twenty  and  one-half  rods  easterly  from  Mopo  Brook. 

Also  a  monument  on  the  south  side  of  a  road  leading  from  North 
Salem  to  Ridgebury,  fifty-one  chains  sixty-two  links  from  the  four  mile 
monument. 

And  another  on  the  south  side  of  a  road  leading  from  North  Salem 
to  Ridgefield,  eighty-one  chains  nineteen  links  from  the  four  mile 
monument. 

For  the  second  mile  we  set  a  monument  on  the  southwest  side  of  a 
rocky  ridge  on  Sarah  Bishop's  mountain. 

We  also  set  a  monument  on  the  south  side  of  Sarah  Bishop's  moun- 
tain, in  a  small  meadow,  where  the  South  Salem  churches  could  be 
seen.  It  is  seventy-two  chains  and  four  links  from  the  two  mile 
monument. 

At  the  Ridgefield  angle  we  set  a  monument  on  the  north  side  of  a 
hill  which  lies  southeast  of  Long  Pond.  This  monument  is  about  six 
hundred  and  eighty  feet  southerly  from  where  the  line  crosses  a  small 
brook  that  empties  into  said  pond. 


544  Copies  of-  Documents  Relating  to  the 

We  next  placed  a  monument  on  the  north  side  of  a  road  leading  from 
Ridgefield  to  the  west  end  of  Long  Pond.  It  is  fifteen  chains  sixty- 
four  links  from  the  Ridgefield  angle  monument. 

Then  a  monument  on  the  north  side  of  a  road  running  nearly  east  and 
west  along  the  north  side  of  a  large  swamp.  It  is  eighty  chains  eighty- 
eight  links  from  the  Ridgefield  angle. 

On  the  south  side  of  the  old  turnpike  known  as  the  New  York  and 
Hartford  turnpike,  one  hundred  and  nineteen  chains  fifteen  links  from 
the  Ridgefield  angle  monument,  we  set  another  monument. 

For  the  four  mile  point  from  Wilton  angle  we  set  a  monument  in  a 
low  wet  meadow,  fifty-eight  feet  north  of  a  brook  running  through  said 
meadow  into  a  mill  pond. 

Also  on  the  south  side  of  a  road  leading  from  Lewisborough  to  Ridge- 
field, forty-six  chains  forty-five  links  from  the  four  mile  monument 
aforesaid  we  set  another. 

For  the  second  mile  we  set  a  monument  on  the  west  side  of  a  ridge 
four  feet  south  of  the  centre  of  the  old  monument  piled  upon  the  top  of 
a  rock  striking  out  of  the  ground. 

On  the  west  side  of  a  road  which  runs  nearly  north  and  south,  on  the 
south  slope  of  a  hill,  at  the  distance  of  ninety-two  chains  seventy-two 
links  from  the  two  mile  monument  we  placed  another. 

At  the  Wilton  angle  we  placed  a  monument  in  the  centre  of  the  site 
of  the  heap  of  stones  erected  by  the  Commissioners  of  1731.  It  is  on 
the  west  side  of  Bald  hill,  and  south  of  a  large  swamp  called  Bear 
swamp. 

Also  a  monument  on  the  east  side  of  a  road  which  runs  nearly  north 
and  south,  at  a  distance  of  twenty-six  chains  eighty-nine  links  westerly 
from  the  Wilton  angle  monument. 

And  another  on  the  east  side  of  a  road  running  through  the  village  of 
Vista.  It  is  placed  near  the  intersection  of  a  road  which  runs  nearly 
east  and  west. 

At  the  southwest  corner  of  the  equivalent  track '  we  set  a  monument. 
It  is  on  the  east  slope  of  a  ridge  of  land  which  runs  nearly  north  and 
south,  the  first  ridge  westerly  from  the  village  of  Vista;  also,  it  is  on 
the  east  side  of  a  highway,  at  the  distance  of  one  hundred  and  forty- 
three  chains  sixty-six  links  from  the  Wilton  angle  monument. 

At  the  distance  of  eleven  chains  thirty-three  links  from  the  last  men- 
tioned monument  we  set  a  monument  on  the  west  side  of  a  road  leading 
from  Vista  to  High  Bridge. 

At  the  distance  of  fifty-seven  chains,  sixty-two  links  from  the  south- 
west corner  of  the  equivalent  tract,  we  placed  a  monument  on  the  west 
side  of  a  road,  near  the  southeast  side  of  Mud  pond. 

1  So  in  the  original  report. — |"P 


Boundaries  of  the  State  of  New  York.  545 

For  the  twelve  mile  point  in  this  line  we  set  a  monument  on  the 
northeast  side  of  a  hill  about  one  hundred  and  twenty  feet  to  the  east 
of  a  large  boulder  tying  on  the  top  of  the  hill. 

At  the  distance  of  twenty-five  chains  seventy-four  links  from  the  last 
mentioned  monument,  we  set  a  monument  on  the  east  side  of  a  road. 

Also  another  on  the  west  side  of  the  road  from  Dantown  to  Vista. 

At  the  distance  of  one  hundred  and  three  chains  twenty-five  links 
from  the  twelve  mile  monument,  we  placed  a  monument  on  the  west 
side  of  the  highway  leading  through  Dantown  to  High  Ridge. 

Also  at  the  distance  of  one  hundred  and  sixty-six  chains  sixty-three 
links  from  the  same  place,  another  monument  on  the  west  side  of  the 
highway  leading  from  High  Ridge  to  Pound  Ridge. 

For  the  ninth  mile  point,  we  placed  a  bolt  in  a  rock  on  the  west  ridge 
of  a  very  high  rocky  ridge,  lying  between  Miry  Brook  Swamp  and 
Poole  Swamp.  It  is  forty  feet  from  a  lai'ge  boulder  on  a  north  forty- 
one  and  one-half  degrees  west  course. 

At  the  distance  of  eighty-one  chains  fifty-seven  links  from  the  nine 
mile  point,  we  set  a  monument  on  the  west  side  of  the  highway  leading 
through  the  village  of  Long  Ridge,  northerly  to  Bedford. 

At  the  distance  of  two  hundred  and  fourteen  chains  thirty  links  from 
the  said  nine  mile  point,  we  placed  a  monument  on  the  west  side  of  the 
road  running  nearly  north  and  south  along  the  ridge  between  Banksville 
and  Long  Ridge. 

At  the  distance  of  two  hundred  and  sixty  chains  sixty-two  links  from 
said  nine  mile  point,  we  set  a  monument  on  the  north  side  of  a  highway 
running  nearly  parallel  with  the  line  through  the  village  of  Banksville. 
The  monument  is  near  where  the  said  highway  crosses  the  line  and 
turns  southerly. 

At  two  hundred  and  eighty-seven  chains  eighty-eight  links  from  said 
nine  mile  point,  we  placed  a  monument  on  the  south  side  of  the  street 
or  highway,  last  above  mentioned,  and  near  the  junction  of  said 
street  with  the  street  running  north  and  south  through  said  village  and 
crossing  the  line. 

For  the  fifth  mile,  we  set  a  monument  on  the  northwest  slope  of  a 
hill,  there  being  swampy  ground  north  of  it. 

At  the  distance  of  sixty-nine  chains  seventy-seven  links  from  the  five 
mile  monument,  we  set  a  monument  on  the  west  side  of  a  road,  in  front 
of  the  dwelling  house  of  Samuel  Thomas. 

At  the  distance  of  one  hundred  and  eight  chains  seventy-five  links 
from  the  five  mile  monument,  we  placed  a  monument  on  the  east  side 
of  a  road.  There  is  a  knoll  to  the  east  and  a  swamp  to  the  west  of  the 
monument. 

At  the  distance  of  one  hundred  and  forty-eight  chains  ten  links  from 
35 


546  Copies  of  Documents  Relating  of  the 

the  first  mile  monument,  we  placed  a  monument  on  the  north  side  of  a 
highway. 

At  the  distance  of  two  hundred  and  forty-three  chains  thirty-eight 
links  from  the  five  mile  monument,  we  set  a  monument  on  the  west  side 
of  the  road  leading  from  Bedford  to  Port  Chester. 

At  the  place  called  the  Duke's  Trees,  in  the  ancient  survey,  we  found 
a  stone  marked  with  the  letters  G.  R.,  as  described  in  that  survey,  lying 
in  the  ground  on  the  west  side  of  the  beaten  track  of  the  highway. 

For  reference,  we  set  a  monument  on  a  south  sixty-six  degrees  twenty- 
five  minutes  west  course,  and  easterly  thirty  feet  from  said  stone,  and 
another  westerly  thirteen  feet  and  seven-tenths  of  a  foot  from  said  stone, 
on  the  same  course. 

At  the  distance  of  ninety-two  chains  thirty  links  from  the  marked 
stone  at  the  Duke's  Trees,  we  set  a  monument  in  the  field  west  of  King 
Street  road,  being  on  the  land  of  John  Brimlow,  south  of  his  dwelling. 

For  the  fifth  mile  point  on  this  line  we  set  a  monument  thirty-two 
rods,  on  a  west-southwest  course,  from  the  old  chimney  in  the  Clapp 
house,  mentioned  in  the  survey  of  1725. 

At  the  distance  of  four  chains  twenty-nine  links  from  the  above  men- 
tioned point  we  set  a  monument  on  the  north  side  of  a  road  leading 
from  Bedford  to  White  Plains. 

At  the  distance  of  eighty-eight  chains  twelve  links  from  the  fifth 
mile,  we  set  a  monument  on  the  west  side  of  King  Street  road,  a  short 
distance  south  of  the  house  of  Joseph  Fields. 

At  the  distance  of  one  hundred  and  forty-four  chains  sixty-six  links 
from  the  five  mile  point  we  placed  a  monument  on  the  east  side  of  King 
Street  road. 

At  the  distance  of  one  hundred  and  eighty-three  chains  seventy-three 
links  from  the  five  mile  point  aforesaid,  we  set  a  monument  on  the  north 
side  of  a  road  running  westerly  from  the  King  Street  road. 

For  the  two  mile  monument  in  this  line,  we  set  a  monument  on  the 
east  side  of  King  Street  road,  opposite  the  site  of  the  old  William 
Anderson  house,  as  designated  by  the  old  foundation  of  the  same 
remaining. 

At  the  distance  of  fourteen  chains  twenty-seven  links  from  the  last 
mentioned  point,  we  placed  a  monument  on  the  east  side  of  the  carriage 
track  of  King  Street  road. 

At  the  distance  of  fifty-three  chains  twenty-nine  links  from  the  two 
mile  point  aforesaid,  we  placed  a  monument  on  the  east  side  of  King 
Street  road,  where  the  road  leaves  the  line  and  bears  westerly  from  it. 

At  the  distance  of  ninety-three  chains  eighty-three  links  from  the  two 
mile  point,  before  mentioned,  we  set  a  monument  on  the  northeast  slope 
of  a  high  ridge,  lying  westerly  from  the  screw  factory  on  Byram  river. 


Boundaries  of  the  State  of  New  York.  547 

The  great  stone  at  the  wading  place  is  a  large  rock,  in  which  is  a 
copper  bolt,  on  the  east  side  of  Byram  river,  adjoining  the  bridge  on 
the  turnpike  from  New  York  to  New  Haven. 

From  the  said  great  stone  at  the  wading  place  south  seventeen 
degrees  forty-five  minutes  west,  twelve  chains  and  sixty  links,  is  a  rock 
in  the  river,  in  which  is  a  copper  bolt,  which  can  be  seen  at  low  tide. 

Thence  down  the  river,  on  courses  and  distances  which  are  given  in 
the  foregoing  report.  And  each  of  these  lines  were  extended  on  the 
bank  of  the  river,  and  a  bolt  placed  permanently  in  the  rock,  so  as  to 
secure  a  range  to  determine  the  angle  or  intersection  of  the  lines  thus 
surveyed;  and  the  angles  are  declared  to  be  where  the  lines  meet  and 
terminate  in  each  other. 

Dated  Albany,  February  8th,  1861. 

ISAAC  PLATT, 
JACOB  VROMAN, 
LEANDER  D.  BROWN, 

Boundary  Commissioners. 

HIRAM  S.  DEWEY, 

Chief-Engineer. 
—\N.  Y.  Sen.  Doc's.,  1861,  No.  36,  p.  47. 


ENGINEER'S  REPORT. 

Albany,  February  8th,  1861. 

To  Messrs.  Isaac  Platt,  Jacob  Vroman  and  L.  D.  Brown,  New  York 
Boundary  Commissioners  : 
Sirs  —  I  herewith  transmit  to  you  a  report  of  the  survey  of  the 
New  York  and  Connecticut  boundary  line,  executed  under  your  per- 
sonal observation;  and  also  a  map  of  said  line  made  according  to  your 
direction. 

Respectfully  yours, 

H.  S.  DEWEY. 

Report  of  the  Survey  op  the  Boundary  Line. 
A  surveying  party  was  organized  by  the  undersigned  as  chief-engi- 
neer, with  John  Evans  as  assistant,  and  a  suitable  number  of  flagmen, 
axemen  and  chainm>en,  under  your  direction  as  New  York  Boundary 
Commissioners,  and  placed  in  the  field  on  the  8th  day  of  June.  The 
survey  was  commenced  at  a  monument  in  the  Massachusetts  line, 
answering  to  the  description  of  a  monument  erected  in  the  year  1731, 
by  the  Commissioners  and  suiweyors  of  New  York  and  Connecticut,  as 


548  Copies  of  Documents  Relating  to  the 

the  northeast  corner  of  the  equivalent  tract,  or  oblong,  ceded  to  New 
York  by  Connecticut,  in  said  year. 

Starting  from  this  point,  we  ran  a  random  line  to  the  forty-seventh 
mile  monument  point,  which  was  pointed  out  by  Mr.  William  Kelsey, 
he  having  owned  the  land  for  nearly  half  a  century.  Mr.  Kelsey  says 
his  informant  was  a  gentleman  by  the  name  of  Bird,  who  owned  the 
land  on  which  the  monument  was  erected,  at  the  time  of  the  survey, 
and  remembered  distinctly  of  its  being  placed  there  by  the  Commis- 
sioners and  surveyors  of  the  year  1731,  which  random  line  was  one 
hundred  and  eighty-Jiine  feet  east  of  said  monument  point. 

I  may  here  remark  the  lines  were  run  with  care  and  precision.  The 
instrument  used  being  a  transit,  and  all  measurements  made  were  hori- 
zontal measurements,  and  done  in  the  best  possible  manner  the  same 
could  be  made  on  the  surface  of  the  land. 

Having  calculated  the  angle  necessary  to  overcome  the  departure,  the 
line  was  retraced  in  detail  and  measured.  The  course  adopted  being 
south  eleven  degrees  twenty  minutes  west,  distance  four  hundred  and 
sixty-four  chains  sixty-nine  links,  to  the  forty-seventh  mile  monument 
point. 

Thence  from  the  forty-seventh  mile  monument,  south  twelve  degrees 
thirty-four  minutes  west,  two  hundred  and  thirty-nine  chains  fifty-seven 
links  to  the  forty -fourth  mile  monument  point,  described  as  being  twelve 
rods  east  from  Indian  pond. 

Thence  south  eleven  degrees  thirty-three  minutes  west,  one  hundred 
and  sixty  chains  ninety-nine  links  to  the  forty-second  mile  monument 
point,  described  as  being  on  the  brow  of  a  steep  bank  on  the  north  side 
of  Ten  Mile  river,  where  it  runs  easterly,  and  likewise  twenty-one  rods 
on  a  perpendicular  east  from  the  east  side  of  Ten  Mile  river.  The 
measurement  was  made  to  Ten  Mile  river  at  this  place,  and  distance 
found  to  differ  only  three  links. 

Thence  from  the  forty-second  mile  monument  south  thirteen  degrees 
sixteen  minutes  west  one  hundred  and  sixty-one  chains  twenty-four 
links  to  the  fortieth  mile  monument  point,  being  in  Sharon  valley,  and 
described  as  being  forty  rods  on  the  perpendicular  line  easterly  from 
Ten  Mile  river. 

Thence  south  twelve  degrees  twenty-one  minutes  west,  three  hundred 
and  ninety-eight  chains  twenty-one  links  to  the  thirty-fifth  mile  monu- 
ment, which  is  described  by  a  heap  of  stones  placed  on  the  top  of  a  rock 
on  the  west  side  of  a  hill,  which  was  found  answering  to  the  old  descrip- 
tion in  every  respect,  and  the  corner  of  the  towns  of  Sharon  and  Kent 
is  established  there. 

The  thirty -seventh  mile  monument  was  not  found.  There  is  nothing 
existing  to  mark  its  original  location,  and  a  straight  line  from  the 


Boundaries  of  the  State  of  New  Yore.  549 

fortieth  to  the  thirty-fifth  mile  point  follows  on  the  traditionary  line 
wherever  it  could  be  traced,  and  passes  through  the  village  of  Hitch- 
cock's Corners,  where  the  oldest  inhabitants  have  always  considered  the 
line  to  be. 

Thence  from  the  thirty-fifth  mile  monument  south  twelve  degrees 
thirty-two  minutes  west,  one  hundred  and  fifty-eight  chains  ninety-six 
links  to  the  thirty-third  mile  monument,  which  was  found  on  the  top 
of  a  hollow  rock  on  the  west  side  of  a  hill,  as  described  in  the  original 
survey. 

There  was  another  place  pointed  out  by  a  Mr.  Whitney,  as  being  the 
original  thirty-three  mile  monument.  The  location  of  this  is  two  thou- 
sand three  hundred  feet  too  far  south,  and  is  seven  hundred  and  fifty 
west  of  our  present  line,  and  would  be  nine  hundred  and  thirty-six  feet 
west  of  a  straight  line  between  the  thirty-fifth  and  thirtieth  mile  monu- 
ments, which  are  not  discredited  by  any  one  living  in  the  vicinity. 

Thence  from  the  thirty-third  mile  monument  south  eleven  degrees 
forty-four  minutes  west,  two  hundred  and  forty-three  chains  thirty- 
seven  links  to  the  thirtieth  mile  monument,  standing  on  the  south  side 
of  a  hill  on  Preston  mountain. 

Thence  from  the  last  mentioned  monument  south  twelve  degrees 
twenty-seven  minutes  west,  one  hundred  and  sixty-one  chains  thirty- 
two  links  to  the  twenty-eighth  mile  monument,  standing  on  the  south 
end  of  Schaghticoke  mountain. 

After  leaving  the  thirty-fifth  mile  monument  the  line  passes  over  the 
west  slope  of  Round  mountain,  thence  across  Bog  valley  to  a  range  of 
mountains  known  as  the  Schaghticoke  range,  leaving  said  mountains 
soon  after  passing  the  twenty-eighth  mile  monument. 

Thence  from  the  twenty-eighth  mile  monument  south  ten  degrees 
fifty-six  minutes  west,  one  hundred  and  sixty  chains  to  the  twenty-sixth 
mile  monument  point,  described  in  the  original  survey  as  being  on  the 
west  side  of  a  high  hill,  and  thirty-five  chains  forty-five  links  on  a  per- 
pendicular line  east  from  the  east  side  of  Ten  Mile  river. 

Thence  from  the  last  mentioned  monument  south  eleven  degrees 
thirty-nine  minutes  west,  three  hundred  and  twenty  chains  eleven  links 
to  the  twenty-second  mile  monument,  which  was  found  on  the  east  side 
of  New  Fairfield  hills,  answering  to  the  original  description  of  1731. 

The  twenty-fourth  mile  monument  point  was  passed  with  a  straight 
line  running  from  the  twenty-sixth  to  the  twenty-second  mile  monu- 
ment. There  was  nothing  found  to  mark  the  original  location  of  said 
monument.  The  straight  line  follows  nearly  on  the  traditionary  line, 
where  any  evidence  of  it  was  found. 

Thence  from  the  twenty-second  mile  monument  south  twelve  degrees 
eighteen  minutes  west  one  hundred  and  sixty-three  chains  seventeen 


550  Copies  of  Documents  Relating  to  the 

links  to  the  twentieth  mile  monument,  standing  in  a  wet  piece  of 
ground,  on  the  west  of  a  steep  rocky  hill. 

Thence  from  the  last  mentioned  monument  south  eleven  degrees  forty- 
nine  minutes  west  one  hundred  and  fifty-nine  chains  nine  links  to  the 
eighteenth  mile  monument,  which  was  found  as  described  by  the  old 
survey,  it  being  a  heap  of  stones  on  a  rocky  ledge  on  the  west  side  of 
a  hill. 

Thence  south  twelve  degrees  nineteen  minutes  west  one  hundred  and 
fifty-seven  chains  fifteen  links  to  the  sixteenth  mile  monument  on  Cran- 
berry mountain,  and  being  near  two  pond[s]  as  described  by  the  survey 
of  1731. 

Thence  from  the  sixteenth  mile  monument  south  ten  degrees  eleven 
minutes  west  one  hundred  and  sixty-one  chains  seven  links  to  the  four- 
teenth mile  monument.  This  monument  was  found  on  the  northwest 
side  of  a  hill,  answering  to  the  description  of  1731. 

Thence  from  the  last  mentioned  monument  south  ten  degrees  fifty- 
one  minutes  west  three  hundred  and  thirteen  chains  forty-one  links  to 
the  tenth  mile  monument  point,  it  being  in  a  wet  piece  of  ground  to  the 
west  of  a  high  hill. 

There  was  a  place  pointed  out  to  us  for  the  twelfth  mile  monument 
point,  it  is  one  thousand  three  hundred  and  forty-two  feet  too  far  north, 
and  one  hundred  and  sixty-one  feet  east  of  our  straight  line  from  the 
fourteenth  to  tenth  mile  monument. 

Thence  from  the  tenth  mile  monument  south  twelve  degrees  twenty- 
four  minutes  west  one  hundred  and  fifty-five  chains  seventy-one  links  to 
the  eighth  mile  monument,  it  being  in  a  hollow  on  a  high  rocky  hill. 

Thence  south  ten  degrees  nineteen  minutes  west  one  hundred  and 
fifty-nine  chains  twenty-eight  links  to  the  sixth  mile  monument  point, 
it  being  in  a  wet  piece  of  ground  on  the  north  side  of  a  swamp,  as 
described  in  the  old  survey  of  1731. 

Thence  from  the  sixth  mile  point,  south  twelve  degrees  ten  minutes 
west  one  hundred  and  sixty-four  chains  forty-two  links  to  the  fourth 
mile  monument,  which  was  found  in  a  low  piece  of  ground,  and  was 
twenty  and  a  half  rods  east  from  Mopo  brook. 

Thence  from  the  fourth  mile  monument,  south  eleven  degrees  forty- 
four  minutes  west  one  hundred  and  fifty-eight  chains  ninety-nine  links 
to  the  two  mile  monument,  which  was  found  on  the  west  side  of  a  rocky 
hill,  as  described  by  the  survey  of  1731. 

Thence  from  the  two  mile  monument,  south  fourteen  degrees  ten 
minutes  west,  one  hundred  and  nine  chains  forty-one  links  to  the  Ridge- 
field  angle  monument,  which  was  found  on  the  north  side  of  a  hill  which 
lies  southeasterly  from  the  east  end  of  Long  pond. 

The  survey  of  these  lines  was  completed  on  the  18th  day  of  August, 


Boundaries  of  the  State  of  New  York.  551 

making  the  distance  from  Massachusetts  line  to  the  Ridgefield  angle 
fifty-two  miles  and  thirty-five  rods;  a  difference  of  only  five  rods  in 
distance  from  the  survey  of  1731,  after  making  a  correction  for  the  angle 
at  the  Massachusetts  line  and  at  Ridgefield  angle. 

Commencing  at  the  Ridgefield  angle  monument,  where  the  last  men- 
tioned line  terminated,  running  thence  south  twenty-five  degrees  eight 
minutes  east  two  hundred  and  thirteen  chains  thirty-nine  links  to 
the  fourth  mile  monument,  on  the  east  line  of  the  oblong,  between  the 
Wilton  and  Ridgefield  angles.  This  monument  was  found  in  a  wet 
piece  of  ground,  and  on  the  north  side  of  a  brook,  which  bears  the 
name  of  Mill  River  brook,  and  runs  into  a  sawmill  pond,  as  described 
in  the  original  survey. 

Thence  from  this  last  mentioned  monument,  south  twenty-four  degrees 
forty-eight  minutes  east,  one  hundred  and  fifty-seven  chains  sixty-three 
links  to  the  two  mile  monument,  it  being  on  the  west  brow  of  a  stony 
ridge  of  land,  on  the  top  of  a  rock  sticking  out  of  the  ground. 

Thence  from  the  last  mentioned  point,  south  twenty-four  degrees 
fourteen  minutes  east,  one  hundred  and  sixty-seven  chains  twenty-eight 
links  to  the  Wilton  angle  monument,  or  Southeast  corner  of  the  oblong, 
as  set  off  by  the  commissioners  of  1731. 

Thence  from  the  Wilton  angle  monument,  south  sixty-seven  degrees 
forty-five  minutes  west  one  hundred  and  thirty-eight  chains  seventy-six 
links  to  the  southwest  corner  of  the  oblong,  and  being  where  the  survey 
of  1725  terminated. 

Thence  south  sixty -five  degrees  forty-four  minutes  west  ninety  chains 
eighty-seven  links  to  a  point  which  was  called  a  monument  in  the  State 
line.  I  have  no  doubt  of  its  being  the  original  twelfth  mile  monument. 
It  is  fifty-two  links  less  than  twelve  miles  from  the  angle  at  the  Duke's 
trees. 

Thence  from  the  last  mentioned  point,  south  sixty-six  degrees  fifty-six 
minutes  west,  two  hundred  and  forty-one  chains  ninety-three  links  to  a 
point  called  the  ninth  mile  monument.  This  monument  was  found  on 
a  rocky  ridge  of  land  between  two  swamps.  It  did  not  have  an  ancient 
appearance,  but  if  an  original  monument,  it  was  for  the  ninth  mile. 

Thence  from  this  last  mentioned  point,  south  sixty-six  degrees  forty- 
five  minutes  west  three  hundred  and  nineteen  chains  twelve  links  to 
the  fifth  mile  monument  point,  being  about  two  thousand  feet  west 
from  Banksville. 

After  passing  the  ninth  mile,  the  line  passes  through  a  dense  swamp, 
known  as  Pool's  swamp,  thence  over  Long  ridge,  afterwards  crossing  a 
deep  valley  through  which  runs  the  Maharness  river,  thence  across 
McKay's  ridge  to  the  village  of  Banksville,  following  on  the  tradi- 
tionary line  wherever  it  was  pointed  out  to  us. 


552  Copies  of  Documents  Relating  to  the 

Thence  from  the  fifth  mile  monument,  south  sixty-six  degrees  twenty- 
five  minutes  west  three  hundred  and  ninety-eight  chains  forty  links  to 
the  angle  at  the  Duke's  trees.  At  this  point  we  found  the  stone  marked 
with  the  letters  G.  R.,  as  described  in  the  survey  of  1725,  lying  in  the 
ground  on  the  west  side  of  the  wagon  track  at  the  north  end  of  King 
street. 

Thence  from  the  Duke's  trees  south  twenty-three  degrees  thirty-eight 
minutes  east  one  hundred  and  seventy-two  chains  ninety-three  links  to 
a  point  which  is  west  southwest,  and  distant  thirty-two  rods  from  the 
chimney  in  the  old  Clapp  house.  The  foundation  of  said  chimney  is 
now  standing,  and  the  distance  was  measured  therefrom. 

Thence  from  the  last  mentioned  monument,  south  twenty-four  degrees 
twenty-one  minutes  east  two  hundred  and  twenty-four  chains  seventy- 
eight  links  to  a  point  opposite  the  old  William  Anderson  house,  men- 
tioned in  the  survey  of  1725;  its  foundation  now  remains,  and  was 
pointed  out  to  us  as  the  foundation  of  said  house. 

Thence  from  this  last  mentioned  point,  south  twenty-four  degrees 
nineteen  minutes  east  one  hundred  and  seventy-three  chains  seven  links 
to  the  great  stone  at  the  ancient  wading  place  on  Byram  river. 

The  survey  was  continued  down  the  said  river,  following  the  chan- 
nel as  near  as  it  could  be  ascertained,  with  courses  and  distances,  as 
follows: 

From  the  stone  at  the  wading  place,  south  seventeen  degrees  forty- 
five  minutes  west  twelve  chains  sixty  links,  to  a  rock  in  the  river,  which 
can  be  seen  at  low  tide,  and  in  which  there  is  a  bolt ;  thence  south 
twenty-seven  degrees  west  fifty-five  chains  nineteen  links ;  thence 
south  seven  degrees  twenty  minutes  east  thirteen  chains  forty-five  links; 
thence  south  twelve  degrees  ten  minutes  east  sixteen  chains  thirteen 
links ;  thence  south  two  degrees  forty  minutes  east  nine  chains  four  links; 
thence  south  twenty-eight  degrees  twenty-five  minutes  east  nine  chains 
fifty-four  links ;  thence  south  eighteen  degrees  forty  minutes  east  four 
chains  seventy-seven  links ;  thence  south  eleven  degrees  fifty-five  min- 
utes west  six  chains  thirty-three  links ;  thence  south  fifty-eight  degrees 
ten  minutes  west  to  where  it  falls  into  the  Sound.  Each  of  those  lines 
were  extended  on  to  the  bank  of  the  river,  and  a  bolt  placed  perma- 
nently in  the  rock,  so  as  to  secure  a  range  to  determine  the  angle  or 
intersection  of  the  lines  thus  surveyed,  and  the  angles  are  declared 
to  be  where  the  lines  do  meet  and  terminate  in  each  other. 

Making  the  entire  length  of  the  line,  exclusive  of  the  river  survey, 
eighty  and  ninety-one  hundredths  miles,  and  including  the  river  sur- 
vey, eighty-two  and  sixty-four  hundredths  miles. 

The  survey  was  completed  and  party  disbanded  on  the  25th  of  Sep- 
tember, having  been  in  the  field  about  one  hundred  and  ten  days. 


Boundaries  of  the  State  of  New  York.  553 

There  have  been  monuments  erected  at  all  the  angle  points,  and  at 
road  crossings,  wherever  it  was  deemed  necessary  to  permanently  mark 
the  line. 

I  have  prepared,  and  herewith  present,  a  map  of  the  line,  embracing 
such  portions  of  the  adjoining  territory  as  is  necessary  to  properly 
understand  the  several  points  referred  to.1 

Care  has  been  taken  to  make  the  descriptions  full,  for  the  convenience 
of  the  people  and  for  future  reference,  to  avoid  controversies. 

All  of  which  is  respectfully  submitted. 

H.  S.  DEWEY,  Chief  Engineer. 
—[JV.  Y  Sen.  Doc's.,  1861,  No.  36,  p.  51. 


[Gov.  Buckingham  to  Conn.  Gen.  Assembly.] 

State  op  Connecticut,  Executive  Department, 
Hartford,  June  5,  A.  D.  1861. 
To  the  Senate  and  House  of  Representatives  in    General  Assembly 
convened : 

In  accordance  with  a  resolution  of  the  General  Assembly,  approved 
June  23,  1860,  "authorizing  the  Governor  of  this  State  to  make  certain 
propositions  to  the  Governor  of  the  State  of  New  York  for  an  adjust- 
ment of  the  boundary  line  between  the  two  States,"  on  the  28th  day  of 
July  last  I  addressed  a  letter  to  His  Excellency  the  Governor  of  New 
York,  and  proposed  that  either  of  the  following  described  lines  should 
be  adopted  as  the  boundary. 

First.  Beginning  at  a  point  in  the  north  center  and  near  the  north 
end  of  the  street  running  through  the  village  of  Hitchcock's  Corners, 
and  from  thence  in  straight  line  to  the  Ridgefield  and  Massachusetts 
angles;  or, 

Second.  Move  the  angle  bounds  at  Ridgefield  and  on  the  Massachu- 
setts line,  five  chains  and  ninety-one  links  east  of  their  present  positions, 
and  connect  the  same  by  a  straight  line  running  through  said  points  in 
the  said  center  of  the  north  end  of  the  street  at  Hitchcock's  Corners. 

As  I  received  only  an  acknowledgment  of  my  communication,  I 
concluded  that  neither  line  was  acceptable  and  addressed  another  letter 
to  His  Excellency  Gov.  Morgan,  on  the  8th  day  December,  1860,  and 
proposed  as  follows  : 

1  "  Map  of  the  Boundary  Line,  between  the  States  of  New  York  and  Connecticut, 
to  accompany  the  Report  of  the  New  York  Commissioners,  January,  1861.  Litho- 
graph of  C.  Van  Benthuysen.  Scale  2,000  ft.  to  one  inch."  Size  of  map,  18  ft. 
X  10  in.— [P. 


654  Copies  of  Documents  B  elating  to  the 

State  of  Connecticut,  Executive  Depaetment, 
Hartford,  Dec.  8,  1860. 
His  Excellency  E.  D.  Morgan,  Governor  of  the  State  of  New  York. 

Sir  :  On  the  28th  day  of  July  last  I  addressed  your  Excellency  with 
a  copy  of  a  part  of  a  resolution  adopted  by  the  General  Assembly  of 
this  State  at  its  last  session,  relating  to  the  boundary  line  between  the 
States  of  New  York  and  Connecticut.  In  that  resolution  two  lines 
were  proposed,  either  of  which  would  be  satisfactory  to  this  State.  As 
I  have  not  heard  from  you  on  the  subject  I  assume  that  you  do  not 
accept  either.  I  therefore  make  another  proposition  under  authority  of 
the  resolution  to  which  I  have  referred,  which  is  in  the  following  words: 
"and  in  case  of  the  rejection  of  the  aforesaid  proposals,  he"  (the  Gov- 
ernor) "  is  empowered  to  submit  the  controversy  concerning  so  much 
of  said  boundary  line  as  lies  between  Ridgefield  corner  and  the  Massa- 
chusetts boundary  to  final  arbitration  in  such  manner  as  he  shall  deem 
expedient,  and  shall  have  full  power  to  direct  the  present  or  any  subse- 
quent board  of  commissioners  in  accordance  with  the  powers  herein 
conferred,  and  be  subject  to  the  action  of  the  next  General  Assembly." 

In  accordance  with  the  resolution  I  now  propose  to  submit  all  matters 
relating  to  the  boundary  line  therein  referred  to,  to  the  arbitration  of 
three  disinterested  gentlemen,  neither  of  whom  shall  be  a  resident  of 
New  York  or  Connecticut,  one  to  be  selected  by  your  Excellency,  or  in 
such  other  way  as  the  Assembly  of  New  York  shall  direct,  one  by  the 
Executive  of  this  State,  and  the  two  thus  appointed  to  select  the  third. 
The  decision  which  shall  be  made  by  such  arbitrators  or  a  majority  of 
them  shall  be  accepted  as  final  by  the  commissioners  of  the  two  States, 
and  recommended  to  the  legislatures  of  each  for  ratification. 

If  this  proposition  shall  be  accepted  I  have  no  reasonable  doubt  that 
the  Legislatures  of  both  States  will  ratify  the  action  of  the  arbitrators 
by  establishing  the  line  they  may  recommend  as  the  boundary.  For 
this  I  am  anxious  lest  questions  may  arise  which  will  involve  the  citizens 
of  both  States  in  long  and  perplexing  controversies.  This  should  be 
avoided. 

If  there  is  any  objection  to  the  manner  of  appointing  arbitrators  as 
proposed,  I  shall  be  happy  to  listen  to  any  proposition  on  the  subject 
from  your  Excellency." 

I  am,  dear  sir,  yours  with  high  regard. 

WILLIAM  A.  BUCKINGHAM. 

So  far  as  I  learn,  no  action  has  been  taken  by  the  General  Assembly 
of  New  York  upon  either  proposition,  and  the  Governor  in  his  annual 
message  says,  "  The  commissioners  appointed  by  the  Act  of  April  3, 


Boundaries  of  the  State  of  New  York.  555 

i 
1860,  to  ascertain  and  mark  the  boundary  line  between  the  States  of 
New  York  and  Connecticut,  in  conformity  with  the  survey  of  1731, 
have  been  unable  to  agree  with  those  on  the  part  of  the  latter  State. 
The  various  propositions  made  having  been  declined,  and  the  joint 
commission  failing  to  agree  upon  a  basis,  the  commissioners  for  this 
State  proceeded  to  run  and  have  run  and  marked  a  line  which  is  repre- 
sented as  being  satisfactory  to  the  people  on  both  sides  of  the  boundary 
and  have  placed  monuments  at  the  proper  points." 

This  subject  has  been  repeatedly  before  the  General  Assembly  of  this 
State,  and  the  facts  are  simply  these: 

In  1731,  Commissioners  from  both  States  designated  a  line  between 
Ridgefield  Corner  and  the  Massachusetts  boundary,  and  described  it  as 
a  straight  line  running  through  certain  monuments.  This  line  was 
never  run,  but  was  supposed  to  have  been  parallel  with  one  which  had 
been  surveyed. 

Recently,  Commissioners  were  appointed  by  the  two  States  who 
agreed  that  the  boundary  line  was  straight,  and  that  in  the  re-survey 
such  an  one  should  be  determined  and  adopted. 

On  running  the  old  line,  they  found  some  monuments  which  from 
traditionary  testimony  they  regarded  as  having  been  located  in  173  J, 
and  others  which  were  pointed  out  without  evidence  sufficient  to  prove 
their  identity. 

This  line  was  irregular,  sometimes  running  west,  but  generally  east  of 
a  direct  line.  After  this  survey,  the  Commissioners  of  New  York 
decided  that  they  could  not  consent  to  a  straight  line,  as  they  were  only 
authorized  to  ascertain  the  line  of  1731.  But  neither  they  nor  the  Com- 
missioners of  this  State  were  at  all  times  tenacious  of  adhering  to  their 
agreement  to  report  a  straight  line,  nor  of  adhering  to  the  line  as  re-sur- 
veyed, for  propositions  to  vary  from  and  change  it,  were  made  by  the 
representatives  of  each  State. 

But  for  reasons  valid  or  otherwise,  the  Commissioners  did  not  agree. 

The  Assembly  of  New  York  directed  their  Commissioners  to  erect 
monuments  on  the  crooked  line,  either  with  or  without  the  cooperation 
and  approval  of  the  Commissioners  of  this  State,  and  thus  so  far  as  they 
were  able,  have  established  the  line  of  many  angles,  made  by  what  is 
evidently  an  erroneous  survey,  and  sustained  by  doubtful  traditionary 
testimony,  all  of  which  is  in  violation  of  that  part  of  the  description  of 
the  survey  of  1731,  which  declares  that  it  is  a  straight  line. 

In  January,  I  received  a  letter  from  a  citizen  of  Kent,  inquiring 
whether  the  boundary  had  been  established;  for  he  remarks,  "  we  are 
about  to  lay  a  tax  on  the  property  in  our  School  District,  and  where  the 
monuments  now  are,  it  shuts  out  a  part  of  our  District,  and  not  know- 
ing whether  the  line  is  established  or  not,  we  know  not  what  to  do." 


556  Copies  of  Documents  Relating  to  the 

This  inquiry,  taken  in  connection  with  the  fact  that  neither  State  has 
authority  to  establish  a  line  as  the  boundary  without  the  consent  of  the 
other,  shows  the  importance  of  an  amicable  adjustment  of  this  question. 

But  we  are  precluded  from  stich  an  adjustment  by  the  acts  of  the  Com- 
missioners and  the  Assembly  of  New  York,  to  which  I  have  referred. 

It  may  not  be  advisable  to  take  further  action.  We  can  rest,  under  a 
consciousness  that  Connecticut  .has  not,  in  this  case,  when  her  pride 
and  her  interest  may  have  given  a  wrong  bias  to  her  judgment,  insisted 
that  such  judgment  shall  be  the  rule  by  which  others  must  be  governed, 
and  in  the  belief  that  history  will  record  the  fact  that  we  have  made  no 
claims,  proposed  and  adopted  no  measures,  the  tendency  of  which  would 
be  to  wound  the  honor,  or  humble  the  self-respect  of  a  sister  State. 

WILLIAM  A.  BUCKINGHAM. 

— [Conn.  Gen.  Assem.  Reports,  <fcc,  1861,  No.  3. 


[In  Conn.  Senate.] 

June  5,  1861. 

*  *  *  .  * 

A  message  from  his  Excellency  the  Governor,  relative  to  the  boundary 
line  between  this  State  and  the  State  of  New  York,  was  received  at  the 
hands  of  Nathaniel  Shipman,  Esq.,  Executive  Secretary. 

On  motion  of  Mr.  Briscoe,  the  message  was  referred  to  a  Joint  Select 
Committee,  to  be  raised,  and  on  further  motion,  five  hundred  copies  of 
said  message  were  ordered  to  be  printed. 

*  *  *  * 

Mr.  Briscoe,  by  leave  of  the  Senate,  introduced  a  joint  resolution 
appointing  a  Joint  Select  Committee  of  one  Senator  and  eight  Repre- 
sentatives, to  whom  shall  be  referred  the  message  of  his  Excellency  the 
Governor,  relative  to  the  boundary  line  between  this  State  and  the  State 
of  New  York. 

On  motion,  the  resolution  was  passed. 

The  President  then  announced  the  appointment  of  Mr.  Ives,  as  such 
Committee  on  the  part  of  the  Senate. 

*  *  *  * 

— [Conn.  Sen.  Journal,  1861,  pp.  236,  238. 


Boundaries  of  the  State  of  New  York.  557 

[In  Conn.  House  of  Representatives.] 

June  6,  1861. 

*  *  *  * 

A  joint  resolution  raising  a  Joint  Select  Committee  consisting  of  one 
Senator  and  eight  Representatives,  to  whom  shall  be  referred  the 
Governor's  Message  relative  to  the  boundary  line  between  this  State 
and  the  State  of  New  York,  was  received  from  the  Senate,  passed. 

The  question  being  upon  the  passage  of  the  resolution,  the  question 
"Shall  the  resolution  pass?"  was  put  and  decided  in  the  affirmative. 

A  message  of  his  Excellency  the  Governor,  respecting  the  boundary 
line  between  the  States  of  Connecticut  and  New  York,  was  received 
from  the  Senate,  referred  to  a  Joint  Select  Committee  on  boundary  line 
between  this  State  and  the  State  of  New  York,  to  be  raised,  and  five 
hundred  copies  ordered  to  be  printed. 

On  motion,  the  House  concurred  with  the  Senate  in  the  reference  and 
the  order. 

*  *  *  * 

— [Conn.  House  Journal,  1861,  p.  249. 


June  11,  1861. 

*  *  *  * 

The  Speaker  announced  the  appointment  of  the  Joint  Select  Com- 
mittee on  the  Connecticut  and  New  York  Boundary  Line,  on  the  part 
of  the  House  as  follows: 

Messrs.  Kendrick  of  Waterbury. 
Bunnell  of  Farmington. 
Smith  of  Stonington. 
Northrop  of  Ridgefield* 
Morse  of  Canterbury. 
Chaffee  of  Sharon. 
Griswold  of  Killing  worth. 
Talbot  of  Coventry. 

*  *  *  * 

— [Conn.  House  Journal,  1861,  p.  292. 


June  26,  1861. 


* 


The  report  of  the  Joint  Select  Committee  on  the  Boundary  Line 
between  Connecticut  and  New  York,  was  received,  containing  a  review 
of  past  proceedings  in  reference  to  said  Boundary  Line,  and  concluding 
as  follows:  "In  order  therefore  that  no    unfavorable  inference  may  be 


THE 


558  Copies  of  Documents  Relating  to 

drawn  from  an  apparent  acquiescence  on  the  part  of  this  State  in  the 
proceedings  of  the  Legislature  of  New  York,  and  for  the  purpose  of 
indicating  our  intention  at  a  proper  time  to  resort  to  such  other  peace- 
able measures  for  the  settlement  of  this  question  as  circumstances  in  the 
future  may  show  to  be  in  accordance  with  justice  and  the  honor  of  the 
State,  the  Committee  recommend  the  passage  of  the  accompanying 
preamble  and  resolution,"  which  preamble  and  resolution  were  as  follows: 

"  General  Assembly,  May  Session,  A.  D.  1861. 
Whereas,  the  question  of  boundary  between  this  State  and  the  State 
of  New  York,  is  still  in  dispute;  and  whereas  attempts  have  been  made 
at  various  times  to  ascertain  and  agree  upon  said  boundary  by  Commis- 
sioners appointed  by  both  States,  without  any  satisfactory  results-  and 
whereas  the  State  of  New  York  has  recently,  by  authority  of  an  act  of 
the  Legislature  of  that  State,  run  and  marked  a  boundary  line  between 
the  two  States,  which  was  done  without  the  co-operation  of  the  State 
of  Connecticut,  and  to  which  said  State  does  not  assent,  but  regards  as 
unjust,  and  as  being  run  without  authority  and  in  violation  of  right 
and  consequently  void;  therefore, 

Resolved  by  this  Assembly,  That  the  Governor  of  this  State  be,  and 
he  hereby  is  authorized  and  empowered  to  adopt  all  such  measures  as 
m  his  opinion  may  be  expedient  in  regard  to  the  settlement  of  the 
boundary  line  between  this  State  and  the  State  of  New  York,  and  he  is 
hereby  clothed  with  full  power  to  correspond  with  the  Executive  of  the 
State  of  New  York,  and  propose  and  accept  such  proposals  in  regard  to 
the  same,  as  in  his  judgment  the  circumstances  of  the  case  may  render 
expedient  and  proper,  and  that  any  settlement  which  he  may  effect  in 
regard  to  the  boundary  line  between  the  two  States,  shall  be  final  and 
conclusive,  when  ratified  by  the  General  Assembly,  on  his  recommenda- 
tion to  that  effect." 

On  motion  of  Mr.  Kendrick  of  Waterbury,  the  report  and  resolution 
were  laid  upon  the  table. 

— [Conn.  House  Journal,  1861,  p.  431. 


June  27,  1861. 
*  *  *  * 

On  motion,  the  House  resumed  the  consideration  of  the  report  of  the 
Joint  Select  Committee  on  the  Boundary  Line  between  Connecticut  and 
New  York,  [as  given  above]. 

The  question  being  upon  the  passage  of  the  resolution  submitted  by 
the  Committee,  the  question  " Shall  the  resolution  pass?"  was  put  and 
decided  in  the  affirmative. 


Boundaries  of  the  State  of  New  York.  559 

So  the  resolution  was  passed,  and  on  further  motion,  the   House 
accepted  the  report  of  the  Committee. 

*  *  *  * 

— [Conn.  Souse  Journal,  1861,  pp.  449,  450. 


[In  Conn.  Senate.] 

July  3,  1861. 

*  *  *  * 

The  report  of  the  Joint  Select  Committee,  to  whom  was  referred  the 
message  of  his  Excellency  the  Governor,  relative  to  the  boundary  line 
between  this  State  and  the  State  of  New  York,  *  *  was 
received  from  the  House  of  Representatives,  the  report  of  the  Committee 
being  accepted,  and  the  resolution  being  passed,  as  by  the  Committee 
recommended. 

*  *  *  * 

So  the  resolution  was  passed,  *  *  and  *  *  the  Senate 
concurred  with  the  House  in  accepting  the  report  of  the  Committee. 

— [Conn.  Sen.  Journal,  1861,  pp.  522,  523t 


The  ex  parte  action  of  the  New  York  Commissioners  in  running 
and  marking  the  (land)  boundary  line,  as  already  set  forth,  seems 
not  to  have  been  further  strenuously  resisted  or  opposed  by  Con- 
necticut; and  at  the  time  of  printing  these  pages,  the  concurrent 
ratification  of  this  line  by  the  two  States  and  by  Congress  is  an 
accomplished  fact,  as  will  hereafter  more  fully  appeal*.  What  fol- 
lows, as  matter  of  question  and  dispute  between  these  States  since 
1861,  almost  wholly  relates  to  the  divisional  line  through  Long 
Island  Sound,  which  has  been  of  late  for  the  first  time  accurately 
defined,  without,  however,  disturbing  any  previous  rights  as  to  either 
fisheries   or  existing  titles  to  property  under  grants  by  either  State. 


[In  N.  Y.  Assembly.] 

April  15,  1873. 
*  *  * 

By  unanimous  consent,  Mr.   Prince   offered  for  the  consideration  of 
the  House  a  resolution,  in  the  words  following  : 

Resolved,  That  the  Attorney-General   be  requested  to  report  to  this 


560  Copies  of  Documents  Relating  to  the 

House,  at  his  earliest  convenience,  his  opinion  as  to  whether  the  oyster 
beds  in  Long  Island  Sound,  off  the  Harbor  of  Bridgeport,  the  Norwalk 
Islands  and  other  points  in  the  sound  below  low  water  mark  of  the 
Connecticut  shore,  are  within  the  jurisdiction  of  this  State,  and  if 
within  the  jurisdiction  of  this  State,  whether  they  are  within  the  limits 
of  any  town  or  county,  and  if  so,  which. 

Mr.  Speaker  put  the  question  whether  the  House  would  agree  to  said 
resolution,  and  it  was  determined  in  the  affirmative. 


* 


— [JST.  T.  Assem.  Journal,  1873,  p.  1026. 


[State  of  New  York.] 
Chap.  760. 

AN  ACT  making  appropriations  for  certain  expenses  of  Government, 
*  *  *  * 

Passed  June  13,  1873. 

The  sum  of  three  thousand  dollars  is  appropriated,  to  be  expended 
by  the  attorney-general,  *  *  in  the  suit  of  Whitman  versus 
Thompson,1  *  *  and  for  the  further  purpose  of  paying  the  legal, 
necessary  expenses,  and  the  expense  of  surveying  and  other  necessary 
expenses  to  determine  the  title  as  between  New  York  and  Connecticut 
to  certain  oyster  beds  on  Long  Island  Sound,  off  the  harbor  of  Bridgeport 
and  to  Noi-walk  islands,  and  other  points  in  said  sound  below  low-water 
mark,  there  being  now  pending  a  dispute  between  said  Stateso  n  that  point. 

— [N.  Y.  Laws,  1873,  p.  1149. 


[In  N.  Y.  Assembly.] 

January  7,  1874. 
*  *  *  * 

By  unanimous  consent,  Mr.  Prince  offered  for  the  consideration  of 
the  House  a  resolution,  in  the  words  following : 

Resolved,  That  the  Attorney-General  be  requested  to  report  to  this 
House,  at  his  earliest  convenience,  his  opinion  as  to  whether  the  oyster 
beds  in  Long  Island  sound,  off  the  harbor  of  Bridgeport,  the  Norwalk 
Islands  and  other  points  in  the  sound  below  low  water  mark  on  the 
Connecticut  shore,  are  within  the  jurisdiction  of  this  State;  and  also 
whether  under  article  4,  section  2  of  the  Constitution  of  the  United 
States,  citizens  of  the  State  of  New  York  are  not  entitled  to  all 
privileges  relative  to  oyster  beds  within  the  jurisdiction  of  Connecticut 
which  by  the  laws  of  that  State  are  accorded  to  citizens  thereof.  Also, 
1  See  reference  to  this  case  on  page  574,  post. — [P 


Boundaries  of  the  State  of  New  York.  561 

what  action,  if  any,  has  been  taken  relative  to  the  determination  of  the 
boundary  between  New  York  and  Connecticut,  an  appropriation  for 
which  purpose  was  made  in  the  supply  bill   of   1873. 

Mr.  Speaker  put  the  question  whether  the  House  would  agree  to  said 
resolution,  and  it  was  determined  in  the  affirmative. 

*  *  *  * 
— [JY.  Y.  Assem.  Journal,  1874,  p.  44. 

January  27,  1874. 

Mr.  Speaker  presented  a  communication  from  the  Attorney-General 
in  response  to  a  resolution  of  the  Assembly  adopted  January  7,  1874, 
in  the  matter  of  the  claim  to  the  ownership  of  Long  Island  Sound; 
which  was  laid  on  the  table  and  ordered  printed. 

*  *  *  * 
— LA7]  Y.  Assem.  Journal,  1874,  p.  139. 


STATE  OF  NEW  YORK. 
No.  80. 

In  Assembly,  January  27,  1874. 


REPORT 

Of  the  Attorney-General,  in  answer  to  a  resolution  of  the  Assembly, 
passed  January  7,  1874. 

In  obedience  to  the  resolution  of  the  7th  instant,  passed  by  your 
honovable  body,  the  attorney-general  would  beg  leave  to  report,  that 
a  similar  resolution  was  referred,  during  the  last  session  of  the  legis- 
lature, to  his  predecessor,  who  employed  John  L.  Cadwallader,  Esq.,  , 
to  investigate  the  entire  subject,  and  to  whose  report,  accompanying 
this,  he  begs  leave  to  refer. 

The  subject  of  the  boundary  between  this  state  and  Connecticut 
has  been  a  matter  of  dispute  between  the  two  states  for  over  two 
hundred  years.  It  cannot,  therefore,  be  expected  that  the  attorney- 
general  can  be  able  to  fix  or  ascertain  the  true  boundary  with  any 
approach  to  correctness. 

It  will  be  enough,  perhaps,  for  him  to  say  that  he  concurs  in  the 
conclusion  arrived  at  by  Mr.  Cadwallader,  to  wit  :  That  the  oyster- 
beds  referred  to  in  said  resolution  do  not  lie  within  the  jurisdiction 
of  the  state  of  New  York,  and  he  refers  to  the  cases  cited  by  him  for 
his  conclusion. 

36 


562  Copies  of  Documents  Relating  to  the 

In  regard  to  the  question  whether,  under  article  4,  section  2,  of  the 
constitution  of  the  United  States,  citizens  of  the  state  of  New  York 
are  not  entitled  to  all  the  privileges  relative  to  oyster  beds  within  the 
jurisdiction  of  the  state  of  Connecticut,  which,  by  the  laws  of  that 
state,  are  accorded  to  its  own  citizens,  he  replies  in  the  affirmative. 

The  state  has,  undoubtedly,  the  right  to  pass  laws  regulating  the 
planting  and  preservation  of  oysters  in  the  waters  within  its  jurisdic- 
tion; but  it  has  no  right  or  authority,  under  the  constitution  of  the 
United  States,  to  discriminate  between  its  own  residents  and  the  resi- 
dents of  other  states. 

The  section  of  the  constitution  referred  to  was  adopted  as  a  sub- 
stitute for  article  4  of  the  old  articles  of  confederation,  which  pro- 
vided, in  terms,  that  the  citizens  of  each  state  should  enjoy  all  the 
privileges  of  trade  and  commerce  which  the  citizens  of  the  several  states 
enjoyed.     (Story  on  the  Constitution,  §  106.) 

As  to  the  action  taken,  relative  to  the  detei-mination  of  the  boundary 
between  New  York  and  New  Jersey,  the  attorney-general  has  no 
knowledge,  except  what  is  contained  in  the  letters  of  his  predecessoi', 
which  accompany  this  report,  and  to  which  he  begs  leave  to  refer. 

All  which  is  respectfully  submitted. 

Albany,  January  26,  1874. 

DANIEL  PRATT, 

Attorney-  General. 

COMMUNICATIONS. 

LETTER    FROM    JOHN    L.    OADWALADKB,  ESQ. 

Hon.  Francis  C.  Barlow,  Attorney-  General,  etc. : 

In  accordance  with  your  request,  and  owing  to  the  difficulties  which 
have  lately  arisen  between  the  fishermen  of  Long  Island  and  Con- 
necticut, relative  to  their  respective  rights  to  take  oysters  from  certain 
oyster-beds  lying  adjacent  to  the  Connecticut  shore,  and  further  into 
Long  Island  Sound,  I  have  examined  into  the  question  of  the  owner- 
ship of  and  jurisdiction  over  the  sound,  as  between  the  states  of  New 
Y"ork  and  Connecticut,  and  herewith  state  my  conclusions. 

The  Revised  Statutes  of  the  state  of  Connecticut  provide  (see  General 
Statutes  Conn.,  pp.  460,  475)  that  none  but  actual  inhabitants  of  their 
state  should  take  any  oysters  within  the  waters  of  the  state. 

No  further  reference  is  here  made  to  the  particulars  of  the  act,  as 
this  statement  of  the  purport  raises  the  questions  to  be  presented. 

The  state  of  New  York  and  other  states  have  enacted  similar  laws, 
and  they  are  generally  in  force. 

The  supreme  court  of  the  United  States  in   the  case  of  Smith  v. 


Boundaries  of  the  State  of  New  York.  563 

Maryland,  18  How.  71,  decided  that  the  state  of  Maryland  might 
regulate  the  right  of  fishing  in  Chesapeake  bay  and  prevent  destruc- 
tion by  the  use  of  rakes,  and  seemed  in  the  decision,  pp.  74,  75,  to 
put  the  general  right  to  take  shell  fish  and  floating  fish  precisely 
upon  the  same  footing,  but  in  giving  this  opinion  of  the  court  Judge 
Curtis  states :  "  Whether  this  liberty "  (of  taking  fish  and  oysters) 
"  belongs  exclusively  to  the  citizens  of  Maryland,  or  may  lawfully  be 
enjoyed  in  common  by  all  citizens  of  the  United  States,  whether  this 
public  use  may  be  restricted  by  the  state  to  its  own  citizens  or  a  part  of 
them,  are  matters  wholly  without  the  scope  of  this  case,  and  upon 
which  we  give  no  opinion." 

The  question  as  to  the  constitutionality  of  such  acts,  which  arises  at 
the  outset,  may  perhaps  be  deemed  an  open  one  in  the  supreme  court  of 
the  United  States,  although  such  laws  have,  from  time  to  time,  been 
upheld  in  the  courts  and  very  generally  acquiesced  in,  and  for  the  pur- 
pose of  this  inquiry,  such  constitutionality  will  not  be  further  questioned. 

The  simple  question  to  be  decided  in  this  controversy  with  Con- 
necticut is,  as  to  the  ownership  of  the  ground  from  which  the  oysters 
have  been  taken. 

The  state  of  New  York  has,  from  time  to  time,  more  or  less  vigor- 
ously, laid  claim  to  the  exclusive  right  and  jurisdiction  over  Long  Island 
Sound,  and  has  claimed  in  fact  that  the  sound,  or  a  very  large  portion 
of  it,  is  within  this  state. 

The  state  of  Connecticut,  on  the  other  hand,  since  its  contest  and 
defeat  for  the  actual  possession  of  Long  Island  in  1664,  appears  not  to 
have  vigorously  asserted  for  exclusive  jurisdiction  over  the  waters  of 
the  sound,  except  as  a  claim  may  arise  to  ownership  of  that  portion  of 
the  sound,  lying  within  prominent  headlands  on  its  shore,  although,  as 
will  hereafter  appear,  her  claim  to  that  portion  of  the  sound  lying 
north  of  the  center  line  or  thread  would  be  good  according  to  the  views 
of  some  members  of  the  court  in  a  late  case  in  the  court  of  appeals. 
(85  N.  Y.  352.) 

If  the  sound  does  not  belong  to  the  state  of  New  York  equally  with 
Connecticut,  or  entirely  to  the  state  of  New  York,  it  might  be  neces- 
sary to  examine  whether  the  sound  is  a  territorial  sea,  over  which  the 
United  States  has  jurisdiction,  or  a  portion  of  the  ocean  proper,  the 
common  property  of  all  nations,  and  to  examine  the  various  questions 
as  to  rights  of  fishing  which  such  a  decision  would  occasion,  but  that 
will  be  seen  to  be  unnecessary. 

Although  these  localities  in  dispute  between  New  York  and  Connec- 
ticut differ,  from  time  to  time,  and  while  any  fixed  rule  would  hardly  dis- 
pose of  all  the  cases  which  might  arise,  I  propose  to  take  the  locality  of 
the  Bridgeport  oyster-bed,  so  called,  lying  near  the  mouth  of  Bridge- 


564  Copies  of  Documents  Relating  to  the 

port  harbor,  which  was  discovered  in  the  autumn  of  1868,  as  a  test 
point  from  which  to  fix  the  state  line. 

It  was  the  use  of  this  ground  by  New  York  fishermen  which  resulted 
in  the  capture  of  a  New  York  boat  some  time  since,  and  which  has 
brought  these  questions  to  a  point. 

This  oyster-bed  lies  in  the  shoal  water  adjoining  the  Connecticut 
coast,  and  partly  within  and  partly  without  a  line  drawn  from  Stratford 
Point  to  what  is  known  as  the  Cows,  or  the  end  of  Fairfield  Bar,  and 
largely  within  any  line  drawn  from  Fairfield  Point  to  any  of  the  more 
prominent  headlands  west. 

This  bed  also  lies  some  distance  north  of  a  straight  line  drawn  from 
Point  Judith,  or  the  center  of  the  channel  north  of  Fisher's  Island 
to  Lyon's  Point  at  the  mouth  of  the  Byram  river,  the  boundary  line  of 
the  state. 

Is  this  oyster-bed  within  the  state  of  New  York?  And  if  not,  where 
is  the  line  of  jurisdiction  ? 

A  reference  to  the  original  patents  and  charters  and  the  history  of 
the  time  will  hardly  throw  much  light  upon  the  question. 

The  great  patent  of  New  England,  November  3,  1620  (see  Trum- 
bull's History  of  Conn.,  vol.  1,  p.  546)  granted  the  whole  circuit  from 
forty  degrees  of  northerly  latitude  from  the  equinoctial  line  to  forty- 
eight  degrees  of  northerly  latitude,  and  in  length  from  sea  to  sea. 

The  old  patent  of  Connecticut  granted  in  1630  by  the  council  for 
New  England  to  the  Earl  of  Warwick,  and  by  him  transferred,  in  1631, 
to  Lord  Say  and  Seal,  Lord  Brook  and  others,  grants  "  All  that  part 
of  New  England  in  America  which  lies  and  extends  itself  from  a  river, 
there  called  Narragansett  river,  the  space  of  forty  leagues  upon  a 
straight  line  near  the  shore  toward  the  southwest,  west,  and  by  south 
or  west,  as  the  coast  lieth  toward  Virginia,  accounting  three  English 
miles  to  the  league,  and  also  all  and  singular  the  lands,  hereditaments, 
etc."     (1  Trumbull's  Hist.  Conn.,  Appendix,  1.) 

The  charter  granted  to  Governor  Winthrop,  April  23,  1662,  describes 
Connecticut  as  "  All  that  part  of  our  Dominion  in  New  England? 
bounded  on  the  east  by  Norrogancett  river,  commonly  called  Norro- 
gancett  bay,  where  the  said  river  falleth  into  the  sea,  and  on  the  north 
by  the  lyne  of  Massachusetts  plantation,  and  on  the  south  by  the  sea." 
(Colonial  Records  of  Conn,  from  1665  to  1678.) 

The  Duke  of  York's  patent  of  March  12,  1664,  grants  a  portion  of 
New  England  from  St.  Croix  to  Pemaquid  and  extending  back  to 
Canada  (St.  Lawrence)  river,  "  and  also  all  that  island  or  islands  com- 
monly called  by  several  name  or  names  of  Matowacks  or  Long  Island, 
situate,  lying  and  being  toward  the  west  of  Cape  Cod  and  the  Narrow 
Higansetts,  abutting  from  the  main  land  between  the  two  rivers  there 


Boundaries  of  the  State  of  New  York.  565 

called  or  known  by  the  several  names  of  Connecticut  or  Hudson's  l'iver, 
together  with  the  said  river  called  Hudson's  river,  and  all  the  land  from 
the  west  side  of  Connecticut  to  the  east  side  of  Delaware  bay,  and  also 
those  several  islands  called  or  known  by  the  name.s  of  Martin's  Vine- 
yard and  Nantukes,  otherwise  called  Nantuckett,"  together  with  all  the 
harbors,  etc.,  etc.  (See  Documents  relative  to  Colonial  History  New 
York,  by  John  Romeyn  Brodhead  [1858],  vol.  2,  p.  295.) 

This  description  is  followed  in  substance  in  the  commissions  to  Andros 
and  Dongan.     (Id.,  vol.  2,  pp.  215  and  328.) 

Upon  November  30,  1664,  Richard  Nichols,  George  Cartwright  and 
Samuel  Maverick,  the  commissioners  appointed  by  the  crown  to  examine 
into  the  claim  of  Connecticut  to  the  ownership  of  Long  Island,  after 
consulting  with  the  agent  of  Connecticut,  did  declare  as  follows  :  "  We 
do  declare  and  order  that  the  southern  bounds  of  His  Majesty's  Colony 
of  Connecticut  is  the  sea,  and  that  Long  Island  is  to  be  under  the 
government  of  His  Royal  Highness  the  Duke  of  York."  (1  Trumbull's 
Hist.  Conn.  273.     Conn.  Hist.  Collections,  19.) 

By  this  decision  that  spirited  contest  was  adjusted,  and  Connecticut 
lost  Long  Island. 

Van  Tienhoven,  in  his  observations  on  the  colonization  of  New 
Netherlands,  describes  the  shore  from  Stamford  toward  New  Amsterdam 
as  the  "  main  north  coast."     (l  N.  Y.  Colonial  Doc.  360.) 

The  New  Am.  Cyc.  Article,  "Connecticut,"  describes  its  southern 
boundary  as  "  the  seacoast  from  Pancatuck  river  to  the  north  of  Byram 
river." 

I  am  aware  of  the  claim  advanced  by  one  Anderson,  and  referred  to 
in  the  case  of  Coe  v.  Keyser,  that  the  line,  being  a  straight  line,  excluded 
a  large  part  of  the  coast  from  Connecticut,  but  the  state  of  New  York 
has  never  put  her  claim  on  this  ground. 

It  must,  therefore,  be  conceded  that  the  southern  boundary  of  Con- 
necticut is  what  is  known  as  Long  Island  Sound,  which  was  known  and 
considered  as  the  sea.  The  charter  of  the  Duke  of  York,  above  referred 
to,  describes  Long  Island  as  an  island,  with  all  the  surroundings  of  an 
island,  and  not  as  a  part  of  the  shore  connected  bj  land  under  water 
with  the  Connecticut  shore,  and  abutting  on  it,  and  does  not  specifically 
convey  the  sound  by  a  particular  description. 

The  Revised  Statutes  (l  Rev.  Stat.  N.  Y.,  5th  ed.,  p.  11),  after  recit- 
ing that  it  is  useful  that  the  boundaries  of  the  state  "so  far  as  its  juris- 
diction is  now  asserted,  should  be  declared,"  declare  that  the  state  is 
bounded  as  follows  :  Beginning  at  "  Lyon's  Point,  in  the  mouth  of  a 
brook  or  river  called  Byram  river,  where  it  falls  into  Long  Island  Sound, 
and  thence  up  and  along  said  river  to  a  rock,"  etc.,  describing  the 
boundaries  north   and  west,   reaching  Sandy  Hook  and  the  disputed 


566  Copies  of  Documents  Relating  to  the 

ground,  as  follows  :  "  Thence  southerly  along  the  west  shore  at  low- 
water  mark  of  Hudson's  river  of  the  Kill  Van  Kull,  of  the  sound 
between  Staten  Island  and  New  Jersey,  and  of  Raritan  bay  to  Sandy 
Hook,  and  then  to  the  place  of  beginning,  in  such  manner  as  to  include 
Staten  Island  and  the  island  of  Meadow  on  the  west  side  thereof, 
Shooter's  Island,  Long  Island,  the  Isle  of  Wight  (now  called  Gardiner's 
Island),  Fisher's  Island,  Shelter  Island,  Plum  Island,  Robin's  Island, 
Ram  Island,  and  the  Gull  Islands,  and  all  the  islands  and  waters  in  the 
bay  of  New  York,  and  within  the  bounds  above  described." 

If  this  claim  of  jurisdiction  really  intended  to  claim  Long  Island 
Sound  up  to  low-water  mark  on  the  Connecticut  shore,  a  more  indefinite 
description  of  the  line  from  Sandy  Hook  to  the  Byram  river  can  hardly 
be  imagined.  To  run  a  line  from  Sandy  Hook  to  the  Byram  river  "  in 
such  a  manner  as  to  include"  a  number  of  islands  dotted  over  the 
sound,  would  seem  of  itself  to  presume  that  the  line  intended  was  not 
the  line  of  the  Connecticut  shore. 

It  will  be  remembered  that  the  boundary  here  given  on  behalf  of  the 
state  of  New  York  is  not  the  boundary  line  as  settled  by  any  compact 
or  decision,  but  is  put  forth  as  the  extent  of  the  claim  of  jurisdiction 
of  the  state. 

When  we  examine  into  the  subdivision  of  the  state  into  counties,  we 
find  that  Queens  county  is  bounded  on  the  north  by  the  Sound,  but 
that  the  islands  are  given  to  that  county  opposite  her  bounds  and  south 
of  the  main  channel;  and  to  Westchester,  which  is  also  bounded  by  the 
sound,  is  given  all  the  islands  in  the  sound  to  the  east  of  Throg's  Neck, 
and  north  of  the  main  channel.  The  county  of  Suffolk  is  bounded  by 
the  sound,  but  is  made  to  include  the  Gardiner's  Island  and  other  islands 
contiguous  to  it.  The  Revised  Statutes,  therefore,  have  not  actually 
extended  the  other  counties  over  the  sound. 

Such  are  the  general  facts  from  the  charters  and  our  Revised  Statutes, 
and  referring  to  the  decisions,  it  will  be  found  that  the  very  point  in 
controversy  has  been  touched  upon,  and  on  several  occasions  received 
judicial  construction. 

In  Manley  v.  The  People,  3  Selden,  295,  the  plaintiff  in  error  was 
tried  and  convicted  at  the  general  sessions  in  September,  1850,  on  an 
indictment  charging  him  with  larceny  from  one  Williams,  at  New 
York,  in  July,  1850. 

The  plaintiff  was  steward  of  the  steamer  Knickerbocker,  on  a  trip 
from  New  York  to  Norwich,  and  the  offense  was  committed  about 
8  o'clock,  when  the  steamer  was  close  to  the  Long  Island  shore  opposite 
Huntington,  in  the  county  of  Suffolk,  and  the  money  was  brought  to 
the  city  of  New  York,  and  the  prisoner  there  indicted  and  tried  for  that 
reason.  , 


Boundaries  of  the  State  of  New  York.  567 

It  was  contended  that  the  offense  was  committed  without  the  state  of 
New  York  and  overruled,  and  an  appeal  was  taken. 

Wells,  J.,  in  delivering  the  opinion  reversing  the  judgment  of  the 
court  below,  held  that  the  locus  in  quo  was  the  high  seas,  and  not  in 
the  state.  Ruggles,  C.  J.,  Gardiner,  Hewett  and  Johnson,  JJ.,  con- 
curred in  reversing  the  judgment,  on  the  ground  that  the  offense  was 
committed  in  Suffolk  county,  and  not  in  the  county  of  New  York;  that 
the  prisoner  could  not  be  tried  in  New  York  county  if  the  money  was 
brought  there;  and  that  the  portion  of  the  sound  where  the  steamer  was 
at  the  time  of  the  offense  was  an  arm  of  the  sea,  and  not  a  river,  lake, 
or  canal,  within  the  meaning  of  the  2  R.  S.  727,  §§  44  and  50,  providing 
that  where  a  felony  is  perpetrated  on  board  a  steamer  navigating  a 
river,  etc.,  and  the  property  is  brought  to  another  county,  an  indictment 
would  lie. 

In  this  case,  however,  Welles,  J.  (p.  298),  discussed  the  proper  mode 
of  drawing  the  line  through  the  sound,  saying  there  were  two  ways: 
1.  By  a  direct  line  from  Fisher's  Island  to  Lyon's  Point  (which  we  have 
seen  would  not  include  the  Bridgeport  oyster-bed);  and  2.  By  a  line 
running  directly  from  Sandy  Hook  to  the  By  ram  river,  diverging  from 
a  direct  coui*se  only  far  enough  to  include  the  islands,  etc.,  and,  as  soon 
as  the  object  is  attained,  returning  to  its  original  course,  and  preferring 
the  latter. 

The  latter  method,  as  explained  by  the  learned  justice,  seems 
extremely  indefinite,  but  neither  would  include  the  Bridgeport  oyster- 
bed. 

Edmonds,  J.,  claimed  that  the  boundary  line  from  the  east  end  of 
Long  Island  to  the  boundary  of  Connecticut,  ran  straight  from  one 
point  to  the  other  across  the  sound,  and  did  not,  as  claimed  by  the 
prisoner's  counsel,  follow  the  windings  of  the  inner  or  north  shore  of 
Long  Island  to  a  point  opposite  the  mouth  of  Byram  river,  and  then  in 
a  straight  line  across  the  sound. 

This  line  would  also  exclude  the  oyster-bed  in  question. 

In  the  case  of  Keyser  v.  Coe,  9  Blatch.  C.  C.  32  (1871),  this  question 
was  elaborately  discussed. 

The  action  was  a  bill  in  equity  to  enjoin  a  nuisance  carried  on  by  the 
defendant  in  a  factory  on  an  island  called  Goose  Island,  situate  at  the 
mouth  of  the  Norwalk  river,  and  over  a  mile  from  the  shore,  the  ques- 
tion in  dispute  being  whether  the  island  lay  in  New  York  or  Connec- 
ticut. The  bill  was  originally  filed  in  the  superior  court,  and  was 
removed  to  the  United  States  court,  and  a  demurrer  to  the  jurisdiction 
filed.  The  demurrer  was  overruled  by  Woodruff,  J.,  orally,  and  the 
opinion  of  the  court  afterward  prepared  by  Judge  Shipman. 

The  court  discusses  the  whole  question  and  holds  the  boundary  of 


568  Copies  of  Documents  Relating  to  the 

Connecticut  to  be  the  sound,  and  to  include  the  island  in  question,  and 
that  the  most  extended  jurisdiction  to  which  New  York  can  lay  claim 
is  to  all  that  portion  of  the  sound  lying  south  of  a  straight  line  drawn 
from  Point  Judith  to  Lyon's  Point. 

Mahler  v.  The  New  York  Transportation  Company,  35  N.  Y.  352, 
was  an  action  under  the  statute,  for  negligence  brought  for  the  death 
of  a  person  on  board  a  sloop  in  Long  Island  Sound,  within  a  short 
distance  of  Sand's  Point. 

The  court  below  held  the  place  of  the  accident  to  be  out  of  the 
state,  and  that  the  true  line  was  to  be  run  by  following  low-water 
mark  along  the  northern  shore  of  Long  Island. 

The  court  above  reversed  the  judgment.  Porter,  J.,  delivering  the 
opinion,  holds  that  the  place  of  the  accident  was  clearly  within  the 
jurisdiction  of  the  state,  but  declined  to  decide  the  question  whether 
the  line  should  be  run  in  a  straight  line  from  Fisher's  Island  to  Lyon's 
Point,  as  claimed  by  Judge  Edmonds  in  Manley  v.  The  People,  "  or 
whether  it  should  follow  the  thread  of  the  sound,  with  such  deflections 
as  may  be  required  to  include  the  islands  confessedly  within  our 
jurisdiction." 

The  personal '  opinion  of  Judge  Porter,  from  this  case,  would  appar- 
ently concede  to  each  state  territorial  dominion  over  the  sound,  from 
its  own  shore  to  the  center  of  the  sound,  so  far  as  the  possession  of 
New  York  and  Connecticut  is  co-terminous,  and  to  give  the  residue 
entirely  to  New  York,  where  she  is  the  sole  owner  on  either  side,  not 
by  the  grants,  but  as  abutting  owners. 

In  the  case  of  the  United  States  v.  Jackalow,  in  the  United  States 
circuit  court,  district  of  New  Jersey,  tried  before  Judge  Dickerson  in 
1861,  the  prisoner  was  charged  with  robbery  on  the  high  seas,  commit- 
ted on  board  a  sloop  lying  in  the  waters  adjoining  the  state  of  Con- 
necticut, between  Norwalk  harbor  and  Westchester  county,  and  about 
one  and  a  half  miles  from  the  Connecticut  shore  at  low-water  mark, 
and  the  question  of  jurisdiction  was  raised  and  elaborately  discussed. 

Dickerson,  J.,  was  of  the  opinion  that  the  robbery  was  not  upon  the 
high  seas,  but  ordered  a  special  verdict  to  present  the  question  of  law. 
In  his  opinion  upon  this  question,  he  decides  as  follows:  "I  think  the 
proper  and  natural  way  of  connecting  these  points  ('  Fisher's  Island  and 
Lyon's  Point' ),  would  be  by  a  direct  line  drawn  from  one  to  the  other, 
which  would  be  nearly  parallel  with  the  Connecticut  shoi-e,  in  its  whole 
extent  on  the  sound,  and  divide  the  sound  in  such  a  manner  as  to  leave 
about  three-fourths  of  it  included  in  the  territory  of  New  York,  and 
one-fourth  in  that  of  Connecticut.  To  this  extent  New  York  is  fairly 
entitled,  according  to  her  territorial  bounds,  and  I  am  not  prepared  to 
say  that  she  is  not  entitled  to  the  whole  of  the  sound,  by  virtue  of  the 


Boundaries  of  the  State  of  New  York.  569 

words,  all  the  islands  and  waters  in  the  bay  of  New  York,  and  within 
the  bounds  aforesaid." 

And  again: 

"I  am,  therefore,  of  opinion  that  the  state. of  New  York  has  juris- 
diction over  all  that  part  of  the  sound  lying  to  the  south  of  a  line 
drawn  from  the  channel,  between  Fisher's  Island  and  the  Connecticut 
shore  directly  to  Lyon's  Point." 

This  case  went  to  the  supreme  court  on  a  certificate  of  division  of 
opinion,  and  is  reported  in  Black,  484. 

The  court  revei-sed  the  judgment  on  the  ground  that  while  the  special 
verdict  had  found  the  offense  to  have  been  committed  at  a  particular 
place,  the  court  had,  as  a  question  of  law,  adjudged  the  place  to  be  in 
the  state  of  New  York,  and  held  that  the  jury  should  have  found  upon 
that  point. 

Upon  a  second  trial  before  Judge  Grier,  the  prisoner  was  acquitted, 
and  he  is  said  to  have  been  acquitted  because  the  offense  was  committed 
in  the  state  of  New  York. 

As  an  explanation  of  the  unsatisfactory  decision,  as  appearing  in 
1  Black,  484,  Mr.  Keasby,  the  United  States  district  attorney  for  New 
Jersey,  has  informed  me  that  he  was  stopped  in  his  argument,  after  an 
adjournment,  and  informed  that  the  court  had  examined  the  question, 
and  was  of  the  opinion  that  the  offense  was  committed  on  the  high  seas. 
No  counsel  appeared  for  Jackalow,  and  the  argument  closed. 

A  short  time  afterward  the  judgment  was  reversed,  as  appears  in 
1  Black,  Judge  Grier  informing  Mr.  Keasby  that  the  court  were 
unwilling,  on  reflection,  to  decide  so  important  a  question,  arising 
in  a  criminal  case,  in  this  way,  and  after  no  argument  on  the  other 
side. 

All  these  cases  touch  the  very  question  in  controversy,  and  to  these 
must  be  added  The  /Sloop  Elizabeth,  1  Paine's  C.  C.  10. 

The  sloop  left  New  York  in  1808  without  a  permit,  and  was  taken 
by  a  cutter  one  hundred  and  ten  miles  from  New  York,  in  the  sound 
nearer  to  Connecticut  than  New  York,  and  was  libelled. 

The  question  in  dispute  was,  whether  the  sloop  had  left  the  state  of 
New  York,  and  it  was  urged  that  no  part  of  the  sound  having  been 
given  to  Connecticut  by  its  charter,  that  it  belonged  to  New  York. 

Livingston,  J.,  held  distinctly  that  the  sound  was  not  conveyed  by  the 
charter  to  the  Duke  of  York,  and  that  it  was  not  a  portion  of  the  state 
of  New  York. 

The  Sloop  Martha  Anne,  Olc.  18. 

In  June,  1843,  a  number  of  fishing  crafts  went  to  Oyster  bay,  in 
violation  of  the  town  law,  to  gather  oysters.  Complaint  being  made, 
the   sloop   "  Martha  Anne "  was   manned  under  the   direction   of  the 


570  Copies  of  Documents  Relating  to  the 

magistrates,  and  captured  a  boat  called  the  "  Bahama "  and  brought 
her  back  to  Oyster  bay,  and  the  libellant  claimed  damages. 

The  jurisdiction  in  which  the  vessel  was  captured  became  important, 
and  it  was  held  by  Betts,  J.,  who  apparently  simply  followed  Livingston* 
J.,  in  the  preceding  case,  that  "  the  sound  is  an  arm  of  the  sea,  within 
the  common-law  acceptation  of  the  term,  being  navigable  tidewater. 
It  is  more  properly  a  strait  than  a  sea.  It  is  not  within  the  territory 
of  any  particular  state." 

The  Amstad  case,  15  Pet.  518,  has  no  bearing  on  the  question,  as  the 
vessel  was  anchored  off  Montauk  Point  to  the  eastward  of  Long 
Island  Sound,  and  Judge  Story  in  that  case  assumes  and  states  as  a 
portion  of  the  facts  of  the  case,  that  the  vessel  was  at  anchor  on  the 
high  seas,  half  a  mile  from  the  Long  Island  shore. 

These  appear  to  be  the  decisions  in  this  question  —  their  bearing  will 
be  discussed  hereafter.  Only  the  last  two  cases  deny  to  New  York  any 
jurisdiction  over  the  sound. 

In  addition  to  the  light  thrown  on  this  question  by  the  grants  and 
charters,  the  Revised  Statutes  and  the  decisions,  we  have  various  loose 
facts,  among  them  that  the  state  of  New  York  has,  on  various 
occasions,  made  claim  to  the  ownership  of  portions  of  the  sound  and 
to  certain  of  the  islands  contiguous  to  Connecticut,  sometimes  with 
success  and  again  unsuccessfully. 

In  1765  Governor  Cadwallader  Colden  addressed  a  letter  to  Governor 
Fitch  of  Connecticut,  suggesting  an  arbitration  in  regard  to  the  owner- 
ship of  Captain's  Island,  lying  off  Byram  river,  near  the  boundary  line 
of  New  York  and  Connecticut. 

It  appeared  that  one  Buck,  a  citizen  of  New  York,  had  been  sued 
for  a  trespass  on  this  island,  and  had  complained  to  his  own  state.  It 
was  referred  to  the  general  assembly,  who  decided  to  arbitrate  the 
question,  and  upon  the  trial  in  the  action  which  caused  the  correspond- 
ence, the  island  was  declared  a  part  of  Connecticut. 

It  will  be  seen  that  these  islands  are  south  of  a  line  drawn  from 
Point  Judith  to  Lyon's  Point,  and  within  the  jurisdiction  of  New 
York,  under  the  rules  laid  down  in  the  court  of  appeals. 

The  government,  however,  when  lands  in  this  island  were  ceded  for  a 
light-house,  took  cessions  from  both  New  York  and  Connecticut. 

Other  controversies  have,  from  time  to  time,  arisen  in  respect  to  the 
ownership  of  the  islands  contiguous  to  the  Connecticut  shore,  but  I  am 
not  able  to  point  to  any  authoritative  decisions  arising  from  them. 

I  have  been  informed  that  many  years  ago  an  indictment  was  found 
against  a  person  for  selling  liquors  on  Thimble  Island,  situated  east  of 
New  Haven  and  very  near  the  Connecticut  shore,  and  within  the  head- 
lands, and  that  a  demurrer  to  the  jurisdiction  was  sustained  in  the  Con- 


Boundaries  of  the  State  of  New  York.  571 

necticut  court;  and  a  similar  question  also  arose  in  reference  to  Charles 
Island,  situated  also  close  to  the  shore,  and  east  of  Bridgeport,  upon 
the  arrest  of  certain  persons  for  engaging  in  a  prize  fight,  and  it  is  said 
they  were,  for  the  same  reason,  discharged. 

A  controversy  also  arose  as  to  Ram  Island  —  orMystic  Island  as  now- 
called  —  about  a  year  ago,  which  is  very  near  the  main  land,  in  which 
the  claim  of  New  York  seems  to  have  been  sustained.  There  are, 
however,  two  islands  of  that  name. 

In  addition  to  all  this  the  state  of  New  York  has,  from  time 
immemorial,  assumed  jurisdiction  over  the  waters  of  Long  Island 
Sound,  by  grants  of  exclusive  rights  of  ferriage,  authorizing  improve- 
ments in  the  waters  of  the  sound,  directing  the  flow  of  water,  the  con- 
struction of  piers,  regulating  fishing,  granting  lands  under  water,  and 
by  legislation  in  regard  to  kindred  matters.  Laws  1835,  ch.  234;  Laws 
1839,  ch.  173;  Laws  1847,  ch.  409;  Laws  1849,  ch.  435;  Laws  1853,  ch. 
83;  Laws  1858,  ch.  261;  Laws  1865,  ch.  242. 

From  all  these  matters  and  this  consideration  of  the  general  question, 
my  opinion  is  as  follows: 

I.  That  claims  have  been,  from  time  to  time,  advanced  to  the  exclu- 
sive ownership  of  the  sound  to  low  water  on  the  Connecticut  shore,  but 
when  critically  examined,  I  cannot  find  in  the  original  grants  or  in  the 
judicial  interpretation  of  them  any  clear  evidence  to  support  the  claim. 

Nor,  in  fact,  can  I  find  any  formal  and  well-considered  judicial  or 
other  decision  giving  to  New  York  such  jurisdiction,  unless  it  be  con- 
tained in  the  remarks  of  Judge  Dickerson,  in  his  opinion  in  the  Jackalow 
case,  intimating  that  New  York  might  be  entitled  to  the  whole  sound 
by  virtue  of  the  description  of  her  bounds  in  the  Revised  Statutes. 

It  will  be  obvious  that  an  opinion,  the  evidence  to  support  which 
is  the  claim  of  the  interested  party,  in  its  Revised  Statutes,  is  not 
conclusive. 

I  am  not,  however,  prepared  to  say  that,  upon  a  critical  examination, 
many  of  the  islands  lying  adjacent  to  the  Connecticut  shore,  and  north 
of  a  line  drawn  from  Fisher's  Island  to  Lyon's  Point,  might  not  be 
adjudged  to  New  York  from  possession  or  a  long  acquiescence  in 
the  jurisdiction  of  New  York  or  from  other  causes.  These  islands  — 
many  of  which  are  uninhabited  —  afford  a  fruitful  field  for  litigation, 
and  in  case  any  line  was  fixed  as  the  proper  boundary,  some  will  doubt- 
less be  found,  the  jurisdiction  to  which  may  be  substantially  settled, 
and  which  will  prove  exceptions  to  the  rule. 

That  some  part  of  the  sound,  however,  is  within  the  state  of  New 
York,  has  been  so  constantly  asserted  by  the  political  department  of 
the  government  of  the  state,  and  upheld  by  the  courts  as  above  shown, 
that  it  must  be  considered  as  settled  so  far  as  this  state  is  concerned, 


572  Copies  of  Documents  Relating  to  the 

• 
and  any  discussion  of  that  question  would   be  idle  until  these  decisions 

are  overturned. 

Doubtless   the   decisions   of    Judges   Livingston   and   Betts,   before 

referred  to,  in  The  Elizabeth,  1  Paine's,  C.  C.  10,  and  The  Martha  Anne, 

Olc.  18,  are  in  conflict  with  this  view,  but  they  cannot  be  considered  as 

binding. 

II.  There  is  great  difficulty,  however,  in  drawing  the  actual  line  of 
jurisdiction,  and  probably  nothing  short  of  a  commission,  or  a  decision 
by  the  court  of  last  resort  in  an  action  instituted  to  fix  the  boundary, 
would  be  conclusive. 

As  far  as  our  courts  have  laid  down  a  rule,  two  lines  have  been  named, 
one  following  the  boundary  line  of  the  state  as  laid  down  in  the  Revised 
Statutes,  being  a  direct  line  drawn  from  Point  Judith,  or  the  center  of 
the  channel  between  Fisher's  Island  and  Connecticut,  direct  to  Lyon's 
Point,  as  suggested  by  Judges  Welles  and  Edmonds  in  Manley  v.  The 
People,  Judge  Dickerson  in  Jackalow's  case,  and  Judges  Woodruff  and 
Shipman  in  Keyser  v.  Coe,  which  would  give  about  two-thirds  of  the 
sound  to  the  state  of  New  York. 

And  the  other,  avoiding  the  questions  of  a  direct  grant  of  the  sound, 
and  holding,  that  even  if  the  sound  were  not  granted  to  the  two  states 
of  New  York  and  Connecticut,  that  these  states  succeeded  to  the 
dominion  of  the  king  over  these  waters,  being  a  bay,  strait  or  arm  of 
the  sea,  in  which  case  the  proper  line  would  follow  the  thread  of  the 
sound,  with  such  deflections  as  may  be  required  to  include  the  islands 
confessedly  within  our  jurisdiction. 

This  seems  to  be  the  leaning  of  the  court  in  the  case  of  Mahler  v. 
The  Norwich,  etc.,  Trans.  Co.,  35  N.  Y.  352. 

It  will  be  apparent,  therefore,  with  such  different  lines  laid  down  by 
judicial  decision,  and  depending  on  such  different  rules,  that  the  ques- 
tion as  to  the  exact  line  must  be  considered  as  an  open  question,  but 
with  every  desire  to  support  all  proper  claim  on  behalf  of  the  state  to 
jurisdiction. 

It  would  appear  reasonable,  that  where  the  courts  of  this  state  have 
decided,  as  in  these  cases,  that  a  line  drawn  in  one  of  these  ways  would 
include  all  the  sound  belonging  to  the  state  of  New  York,  that  such 
decisions  would  be  almost  conclusive. 

Either  of  these  lines  would  pass  a  considerable  distance  south  of  the 
Bridgeport  oyster-bed,  and  leave  it,  if  not  in  the  state  of  Connecticut, 
at  least  without  the  state  of  New  York. 

III.  For  the  reasons  above  given,  I  have  not  discussed  the  questions 
which  arise  in  case  it  should  be  held  that  the  sound  was  the  high  seas. 

The  rights  of  the  citizens  of  the  two  states  to  fisheries  and  other 


Boundaries  of  the  State  of  New  York.  573 

privileges  would,  of  course,  change,  and,  except  so  far  as  land  within 
known  headlands  might  be  considered  as  the  property  of  Connecticut, 
her  laws  regulating  fisheries  would  be  of  no  effect. 

Should  such  a  conclusion  be  arrived  at,  innumerable  questions  would 
necessarily  arise. 

IV.  In  view  of  all  these  matters,  and  the  conclusions  to  which  I 
have  arrived,  a  means  of  settlement  of  the  disputed  questions  is  rather 
a  matter  of  policy  than  of  law. 

If  *our  claim  be  a  doubtful  one,  we  have  the  advantage  of  the  decisions 
thus  far  upon  it  in  our  favor. 

The  state,  of  course,  may  file  a  bill  in  the  supreme  court  of  the 
United  States,  to  ascertain  and  establish  the  proper  boundary  between 
New  York  and  Connecticut,  in  which  she  may  ask  to  be  restored  to 
any  rights  of  sovereignty  over  land  or  water  of  which  she  has  been 
deprived,  and  that  her  title  to  such  portion  of  the  sound  as  she  may 
claim  may  be  quieted.  State  New  Jersey  v.  New  York,  5  Pet.  283; 
State  Rhode  Island  v.  Massachusetts,  12  id.  658;  State  Florida,  v. 
Georgia,  11  How.  293;  Same  v.  Same,  17  id.  478;  Virginia  v.  West 
Virginia,  11  Wall.  39. 

In  such  an  action,  the  pleadings  and  proofs  will  be  assimilated  to  the 
necessities  of  the  case,  in  such  a  manner  as  to  produce  substantial  jus- 
tice between  the  parties,  and  the  court  may  direct  an  issue  of  law  or 
award  a  commission  of  boundary.  Rhode  Island  v.  Massachusetts,  12 
Pet.  658,  734;  Same  v.  Same,  14  id  210,  256;  State  Georgia  v.  Florida, 
17  How.  478. 

And  it  might  be  seriously  doubted,  whether  any  settlements  by  com- 
pact or  agreement,  between  the  two  states  which  divided  the  sound, 
would  be  effective  or  finally  approved;  and,  in  accordance  with  the 
practice  laid  down  in  State  Florida  v.  State  Georgia,  17  How.  479,  the 
United  States  would  doubtless  be  allowed  to  intervene  and  represent  the 
general  public  in  the  supreme  court. 

New  York,  September  8,  1873. 

JOHN  L.  CADWALADER. 


Letter  prom  Hon.  F.  C.  Barlow. 

State  op  New  York:  \ 

Oppice  op  the  Attorney-General,  > 

New  York,  January  8,  1874.  ) 

Dear  Sir  —  Last  year  the  legislature  passed  a  similar  resolution  of 
inquiry  about  the  Bridgeport  oyster-beds.  It  was  near  the  close  of  the 
session,  and  I  was  not  able  to  leave,  and  so  got  Mr.  Cadwalader  to  look  into 
the  subject,  and  I  inclose  his  opinion.     I  think  New  York  has  no  claim 


574  Copies  of  Documents  Relating  to  the 

to  these  oyster-beds.  Whether,  if  they  be  in  Connecticut,  a  law  forbidding 
the  citizens  of  other  states  to  fish  there  would  not  be  a  violation  of  the 
constitution  of  the  United  States,  is  still  an  unsettled  question.  Of 
course,  this  latter  question  is  not  one  which  the  state  of  New  York  should 
be  called  upon  to  litigate.  The  individual  fishermen  concerned  must, 
in  the  nature  of  things,  do  that.  Three  thousand  dollars  was  appro- 
priated by  the  legislature  last  year  for  expenses  of  the  boundary  ques- 
tion between  Connecticut  and  New  Jersey.  One  thousand  seven  hun- 
dred and  fifty  dollars  has  been  spent  in  Thompson  v.  Whitman?  in  the 
supreme  court  of  the  United  States,  involving  the  last-named  question 
(i.  e.t  the  boundary  between  New  York  and  New  Jersey),  which  case 
has  been  argued  in  the  supreme  court  but  not  yet  decided. 

If  you  want  further  information  on  the  Connecticut  question,  I  advise 
you  to  send  for  John  L.  Cadwalader,  1 1  Pine  street,  New  York,  who  is 
a  good  lawyer  and  has  thoroughly  investigated  it. 

Yours  truly, 

F.  C.  BARLOW. 
Hon.  D.  Pratt. 


Letter  from  Henry  J.  Scudder. 

September  2 J,  1873. 
My  Dear  Cadwalader  —  I  cannot  pass  with  propi-iety  upon  your 
elaborate  opinion,  except  I  examine  the  references  and  authorities.  The 
brief  period  given  to  its  reading  assured  me  that  you  had  explored 
many  sources  of  information  that  I  have  not  seen,  or  if  I  have,  so  long 
past  that  I  am  rusty  on  them.  This  I  feel  to  be  the  true  course:  Let 
an  action  be  commenced  to  determine  the  boundaries;  this  will  permit 
one  state  to  claim  as  much  as  the  fishermen  claim,  and  will  eventuate  in 
a  definite  line  of  territorial  division.  Upon  a  decree  by  the  court  of 
last  resort  all  must  be  satisfied.  Short  of  that  no  one  will  be,  on  one 
side.     I  observed  you  indicated  this  course,  but  I  really  think  it  deserves, 

and  is  entitled  to,  inquiry. 

Most  truly, 

H.  J.  SCUDDER. 
John  L.  Cadwalader,  Esq. 

— [N~.  T.  Assem.  Doc's,  1874,  No.  30. 

1  See  reference  to  this  case  on  page  560,  ante. — [P. 


Boundaries  of  the  State  of  New  York.  575 

[In  N.  Y.  Assembly.] 

March  9,  1874. 

*  *  *  * 

Mr.  Prince  offered  for  the  consideration  of  the  House  a  resolution, 
in  the  words  following  : 

Whereas,  The  boundary  line  between  the  States  of  New  York  and 
Connecticut,  through  Long  Island  sound,  has  never  been  settled  and 
established  ;  and, 

Whereas,  The  State  of  Connecticut  has  passed  laws1  giving  to  the 
citizens  of  that  State  certain  exclusive  rights  relative  to  oyster  beds  in 
Long  Island  sound,  claimed  to  be  within  her  jurisdiction,  to  the  great 
injury  of  the  citizens  of  this  State  ;  and, 

Whereas,  The  Attorney  -General  has  given  his  opinion,  in  response  to 
a  resolution  of  the  Assembly,  that  such  laws  are  in  .violation  of  the 
Constitution  of  the  United  States  ;  therefore, 

Resolved  (if  the  Senate  concur),  That  the  Attorney-General  be  author- 
ized and  requested  to  commence  such  proceedings  in  the  United  States 
courts  as  will  result  in  a  determination  and  establishment  of  said 
boundary  line  between  New  York  and  Connecticut,  in  Long  Island 
sound  ;  and  also  to  take  such  legal  measures  as  will  test  the  constitu- 
tionality of  the  laws  of  Connecticut  giving  exclusive  rights  to  her 
citizens  as  to  oyster  beds,  and  best  to  protect  and  advance  the  interests 
of  the  citizens  of  this  State,  in  that  regard. 
Said  resolution  being  concurrent, 

Ordered,  That  the  same  be  laid  upon  the  table. 

*  *  *  * 

— \N,  Y.  Assem.  Journal,  18*74,  p.  547. 

The  above  resolution  was  subsequently  adopted  by  both  houses :  See 
Assem.  Journal,  pp.  633,  742;  and  Senate  do.,  pp.  367,  405,  Mr.  King 
moving  the  same  in  the  Senate. 

'The  reference  seems  to  be  to  the  following  provision,  found  in  the  General 
Statutes  of  Connecticut,  Revision  of  1875,  Title  16,  Chap.  4,  Part  I,  Article  I, 
Sec.  26  (page  213): 

No  person  shall  take,  rake,  or  gather  any  oysters  in  any  of  the  waters  of  this 
State,  on  board  of  any  boat  or  vessel,  for  himself  or  any  employer,  unless  he  and 
his  employer  are  at  the  time  and  have  been  for  six  months  next  preceding,  actual 
inhabitants  or  residents  of  this  State. — [P. 


576  Copies  of  Documents  Relating  of  the 

[State  of  New  Yoek.] 

Chap.  323. 

AN  ACT  making  appropriations  for  certain  expenses  of  Government, 

*  *  *  * 

Passed  May  5,  1874. 

*  *  *  * 

For  the  Attorney-General,  to  pay  the  expenses  of  carrying  on  two 
suits  in  the  United  States  Circuit  Court  between  this  State  and  the 
State  of  Connecticut,  pursuant  to  concurrent  resolutions  of  the  Legisla- 
ture of  this  State,  one  of  which  is  to  determine  the  boundary  line 
between  the  two'States,  and  the  other  to  test  the  constitutionality  of 
certain  laws  of  the  State  of  Connecticut  with  regard  to  oyster  beds,  the 
sum  of  one  thousand  dollars,  or  so  much  thereof  as  may  be  necessary. 

*  .  *  *  * 
— [A7".   Y.  Laws,  1874,  p.  384.1 


[State  of  Connecticut.] 

[House  Joint  Resolution  No.  73.] 

[149.] 

Approved  July  24,  1874. 

Relating  to  State  Boundaries. 
Whereas,  The  general  assembly  at  its  May  session,  A.  D. ,  1861,  passed 
a  resolution  authorizing  the  governor  of  this  state  to  take  suitable 
measures  for  the  settlement  of  the  New  York  boundary  line,  which 
said  resolution  was  approved  July  3d,  A.  D.,  1861  ; 
And  whereas,  no  steps  have  been  taken  since  the  passage  of  said  reso- 
lution leading  to  a  satisfactory  result,  and  said  boundary  line  is 
still  in  dispute  :  therefore, 
Resolved  by  this  Assembly  ;  That  the  governor  of  this  State  is  hereby 
requested  and  directed  to  take  such  immediate  action  as  he  may  deem 
expedient  for  the  purpose  of  carrying  said  resolution  into  effect. 
— [Conn.  Private  Laws,  1874,  p.  247. 


[Gov.  Ingersoll  to  Conn.  Gen.  Assembly.] 

May  5,  1875. 
*  *  *  * 

The  western  boundary  line  of  the  State,  between  it  and  the  State  of 
New  York,  is  still  in  dispute.     In  1856,  and  again   in    1859,  commis- 

1 A  like  appropriation  "for  the  expenses  of  carrying  on  the  suits  now  pending  in 
the  United  States  court  against  the  State  of  Connecticut,  etc.,  was  made  by  ch.  198 
of  the  Laws  of  1876  (Supply  bill,  p.  184).— [P. 


Boundaries  of  the  State  of  New  York.  577 

sioners  were  appointed  by  both  States  to  ascertain  and  run  the  line. 
They  failed  to  agree,  and  thereupon,  in  1860,  the  Assembly  of  New 
York  adopted,  as  the  boundary,  a  line  reported  to  them  by  the  Com- 
missioners of  New  York,  but  without  the  concurrence  of  the  Commis- 
sioners of  Connecticut.  This  State  has  not  assented  to  such  action, 
and  its  authorities  have  refused  to  recognize  the  line  thus  adopted  by 
New  York.  Pursuant  to  the  vote  of  the  last  General  Assembly,  I  have 
brought  the  subject  to  the  attention  of  the  Executive  of  the  State  of 
New  York,  and  trust  that  he  will  be  vested  by  the  Assembly  of  that  State 
with  authority,  similar  to  that  possessed  by  the  Executive  of  this  State, 
to  adjust  a  disagreement  which  certainly  seems  to  be  a  needless  one. 

A  more  serious  controversy  is  likely  to  arise  between  the  two  States 
respecting  our  southern  boundary  along  Long  Island  Sound,  involving, 
as  it  does,  the  right  of  fishing  in  waters  now  claimed  to  be  within  our 
jurisdiction.  A  suit  is  pending  in  the  United  States  Circuit  Court,  for 
the  Southern  District  of  New  York,  growing  out  of  the  seizure  and 
condemnation  of  a  New  York  vessel,  by  the  authorities  of  this  State, 
for  an  alleged  violation  of  our  law  relating  to  the  taking  of  oysters  in 
the  waters  of  this  State.  As  this  suit  directly  involves  not  only  the 
constitutionality  of  our  oyster  law,  but  also  a  question  of  jurisdiction 
depending  upon  the  boundary  line  between  the  two  States,  the  Assem- 
bly of  New  York  has  directed  the  Attorney-General  of  that  State  to 
assume  its  prosecution,  and  has  made  an  appropriation  toward  its 
expense,  with  special  view  to  a  judicial  decision,  by  the  Supreme 
Court  of  the  United  States,  of  this  boundary  question.  I  submit  to 
your  consideration  whether  this  State  should  not,  with  the  same  view, 
make  similar  provision  for  the  defense  of  the  suit. 

*  *  *  * 

— [Conn.  Sen.  Journal,  1875,  p.  39. 


[In  N.  Y.  Senate.] 

January  11,  1876. 
*  *  *  # 

Mr.  Prince  offered  the  following  : 

Whereas,  The  Attorney-General  has  heretofore  been  authorized  and 
requested,  by  resolutions  of  the  Legislature,  to  institute  suits  in  the 
United  States  courts  to  determine  the  boundary  line  between  New  York 
and  Connecticut  through  Long  Island  sound-,  and  also  to  obtain  a 
decision  as  to  the  constitutionality  of  certain  Connecticut  oyster  laws  ; 
and  whereas,  early  action  in  these  matters  is  of  great  importance  to  a 
large  industrial  interest  in  this  State  ;  therefore, 

Resolved,  That  the  Attorney-General  be  requested  to  communicate  to 
37 


578  Copies  of  Documents  Relating  to  the 

the  Senate  at  as  early  a  day  as  practicable,  information   as  to  the  con- 
dition of  said  suits  and  the  probability  of  their  final  conclusion. 

The  President  put  the  question  whether  the  Senate  would  agree  to 
said  resolution,  and  it  was  decided  in  the  affirmative. 

*  *  *  * 

— [Nl  Y.  Sen.  Journal,  1876,  p.  63. 


February  29,  1876. 

*  *  *  *  . 

The  President  presented  the  following: 

*  *  *  * 

Also,  a  communication  from  the  Attorney  General,  in  response  to  a 
resolution  of  the  Senate,  relative  to  the  boundary  line  between  New 
York  and  Connecticut  through  Long  Island  Sound;  which  was  laid 
upon  the  table  and  ordered  printed. 

*  *  *  * 
— [JV.  T.  Sen.  Journal,  1876,  pp.  223,  224. 


STATE  OF  NEW  YORK. 

No.  43. 

In  Senate. 

February  29,  1876. 
COMMUNICATION 

From  the  Attorney-General  in  response  to  a  resolution  of  the  Senate 
relative  to  the  boundary  line  between  New  York  and  Connecticut 
through  Long  Island  Sound. 

STATE  OF  NEW  YORK  : 

Office  of   the  Attorney-General,  ) 
Albany,  February  25,  1876.  ) 

To  the  Honorable  the  Lieutenant  Governor  : 

In  response  to  the  resolution  of  the  Senate  dated  January  11,  1876, 
the  Attorney-General  would  respectfully  report  that  the  Hon.  Henry  J. 
Scudder  was  employed  by  the  late  Attorney-General  to  prosecute  cer- 
tain actions,  with  a  view  to  determine  the  questions  in  dispute,  between 
the  State  of  New  York  and  Connecticut.  What  progress  has  been 
made  is  shown  by  the  annexed  letter  from  Mr.  Scudder. 

"New  York,  January  17,  1876. 
"Dear  Sir. —  I  am  in  receipt  of  your  favor  of  13th  instant,  cover- 
ing  copy  of  resolution  of  the  Senate,   and   beg  to  say  in  reply:  The 
action  of  Henry  Scott  against  John  Ketchum,  et  al.,  was  instituted  by 


Boundaries  of  the  State  of  New  York.  579 

me  in  pursuance  of  your  instructions,  for  the  double  purpose  of  determ-  ' 
ining  the  boundary  line  between  the  State  of  New  York  and  Con- 
necticut, and  the  constitutionality  of  the  statutes  of  Connecticut  pro- 
hibiting all  persons  not  citizens  and  resident  of  latter  State  for  six 
months,  from  taking  oysters  within  what  is  claimed  by  Connecticut  to 
be  its  territorial  boundaries.  The  action  was  originally  commenced  in 
our  Supreme  Court.  Considerable  delay,  after  receiving  your  instruc- 
tions, was  necessarily  incurred  in  finding  the  defendants  in  our  jurisdic- 
tion. When  this  difficulty  had  been  overcome,  and  the  parties  properly 
brought  into  court,  a  motion  was  entered  to  remove  the  cause  to  the 
federal  court.  This  was  argued  at  length  in  resistance,  but  was 
granted,  and  the  suit  passed  into  the  United  States  Circuit  Court.  The 
late  venerable  and  learned  Lewis  B.  Woodruff  was  the  judge  of  this 
court,  at  the  time  of  the  transfer,  and  so  continued  until  his  death,  last 
summer.  He  was  too  ill  for  months  preceding  his  death  to  discharge 
the  duties  of  his  office.  The  circuit  was  held  by  a  district  judge,  and 
for  many  reasons,  some  not  of  a  character  to  be  disclosed,  with  due 
regard  to  the  interest  of  the  State  in  the  proper  carrying  out  of  the 
policy  of  the  State  in  this  litigation,  the  action  could  not  be  brought  to 
trial.  Upon  the  calendar  of  the  court  now  sitting,  the  case  stands  285, 
and  has  not  been  reached,  nor  do  I  think  it  should  be  tried  this  term, 
and  that  for  the  reasons  above  referred  to,  and  sufficient,  I  am  persuaded 
to  convince  you  of  the  importance  of  putting  the  case  over  until  under 
the  present  admirable  organization  of  the  business  of  the  circuit  it  can 
be  so  tried  that  no  imputation,  or  doubt,  may  exist  in  either  State,  that 
it  has  not  received  the  most  elaborate  and  impartial  consideration  from 
all  engaged  in  its  disposition.  You  will  pardon  me  if  I  am  somewhat 
obscure  in  treating  this  portion  of  the  subject,  for  the  reason  that 
pointed  and  explicit  statements  might  admit  of  greater  misintei-preta- 
tion  than  these  general  ones.  I  can  only  rely  upon  your  certain  appre- 
hension of  the  propriety  of  my  views,  and  satisfactory  assurance  to  the 
Senate,  that  they  should  be  approved. 

"The  questions  involved  in  this  action  are  grave  and  interesting.  In 
the  course  of  their  consideration,  I  have  made  very  wide  historical 
researches  upon  the  subject  of  boundary.  The  result  of  these  inclines 
me  to  submit,  at  some  early  day  hereafter,  pending  the  legislative 
session,  and  before  the  trial  of  this  action,  for  your  deliberation  and 
possible  conveyance  to  the  Governor  or  Legislature,  certain  propositions 
that  may  be  greatly  for  the  interest  of  the  State,  and  clearly  for  the 
benefit  of  those  who  are  presently  concerned  in  the  decision  of  the 
case  in  hand.  It  is  ever  difficult  to  predict  the  final  conclusion  of  liti- 
gation between  strong  contestants,  and  certainly  that  difficulty  is 
heightened  when  States  are  parties.     Upon  the  final  conclusion  of  this 


580  Copies  of  Documents  Relating  to  the 

in  hand,  therefore,  I  may  be  pardoned  for  putting  it  at  not  earlier  than 
two  years,  assuming  the  ordinary  appeals  and  delays  incident,  as  woll 
to  the  magnitude  of  the  interests  concerned,  the  character  of  the 
parties,  the  convenience  and  rules  of  the  courts,  and  usual  contingencies 
in  like  cases. 

"  If  I  can  more  fully  deal  with  the  resolution  of  the  Senate,  or  better 
explain  to  you  any  point  in  the  subject-matter,  I  beg  your  early  com- 
mand.    Until  which  I  have  the  honor  to  remain 

"  Your  obedient  servant, 

"  HENRY  J.  SCUDDER. 
"  Hon.  Charles  S.  Fairchild, 

"  Attorney-  General.'''' 

Mr.  Scudder,  in  another  letter,  suggests  the  propriety  of  a  further 
appropriation  of  $1,000  for  the  expenses  of  this  litigation,  and  states 
that  the  Legislature  of  Connecticut  has  appropriated  $2,000  to  protect 
the  interest  of  that  State. 

The  Attorney-General  respectfully  recommends  that  such  an  appro- 
priation be  made.1 

Very  respectfully, 

CHARLES  S.  FAIRCHILD, 

Attorney-  General, 
—[N.  Y  Sen.  Doc's,  1876,  No.  43. 


[Gov.  Robinson  to  N.  Y.  Legislature.] 

January  1,  1878 

The  Legislature  has  heretofore  passed  l-esolutions  directing  the  Attor- 
ney-General to  take  legal  proceedings  to  determine  the  boundary  line 
between  New  York  and  Connecticut  through  Long  Island  sound.  The 
subject  has  been  fully  examined  on  behalf  of  the  Attorney-General, 
and  the  result  of  such  examination  submitted  to  me.  I  am  of  the 
opinion  that  it  is  best  that  this  question  should  be  settled  by  a  commis- 
sion, to  be  appointed  by  the  two  States.  I  am  informed  that  the  Gov- 
ernor of  Connecticut  concurs  in  this  view,  and  will  so  advise  the 
Legislature  of  that  State.  I,  therefore,  recommend  the  appointment  of 
commissioners  to  act  with  commissioners  to  be  appointed  by  Con- 
necticut, to  determine  the  boundary  line  between  the  State  of  New 
York  and  Connecticut  through  Long  Island  sound. 

— [JV.  Y  Sen.  Journal,  1878,  p.  26. 

1  See  foot-note,  p.  576,  ante. — [P. 


Boundaries  of  the  State  of  New  York.  581 

[Gov.  Hubbard  to  Conn.  Gen.  Assembly.] 

January  9,  1878. 

*  *  #  * 

The  boundaries  of  the  State,  both  on  the  south  and  west,  are,  and  for 
a  long  time  have  been,  unsettled.  This  state  of  things  has  led,  in  many 
instances,  to  controversies  of  private  right  and  conflicts  of  civil  and 
criminal  jurisdiction,  with  no  common  arbiter  for  their  settlement. 
The  State  appropriated  in  1875  the  sum  of  $2,000  in  aid  of  a  private 
litigation  in  the  State  of  New  York  involving  the  question  of  our 
boundary  lines  through  Long  Island  Sound.  Similar  action  was  taken, 
I  am  advised,  by  the  State  of  New  York.  This  suit  has  never  been 
brought  to  trial,  and,  if  it  had  been,  would  have  contributed  nothing 
to  the  settlement  of  the  question.  Attempts  have  been  made  at  different 
times  to  adjust  these  controversies  by  public  negotiation.  All  such 
attempts  have  hitherto  proved  unsuccessful.  I  beg  to  suggest  whether 
it  is  not  best,  in  the  interests  of  peace  and  good  neighborhood,  to  take 
some  effectual  measures  at  once  for  the  settlement  of  these  questions,  and 
thus  to  have  done  with  a  dispute  which,  so  long  as  it  is  unadjusted,  will 
prove  a  source  of  mischief  and  ill-blood  between  the  people  of  two 
sister  States,  long  and  intimately  connected  in  commercial  and  social 
relations. 

The  Governor  of  the  State  of  New  York  has  recommended  to  the 
Legislature  of  that  State  the  appointment  of  commissioners  to  treat  for 
the  settlement  of  the  boundary  line  through  Long  Island  Sound.  I 
recommend  the  appointment  of  Commissioners  on  the  part  of  this 
State  to  treat  for  the  settlement  of  both  our  southern  and  western 
boundaries.  In  case  either  state  shall  fail  to  make  such  appointment 
for  the  settlement  of  both  boundaries,  or  in  case  the  Commissioners,  if 
appointed,  shall  be  unable  to  agree,  I  advise  that  proceedings  for  the 
determination  of  these  questions  be  taken  in  the  Supreme  Court  of  the 
United  States,  the  only  judicial  tribunal  having  jurisdiction  of  the 
parties  and  the  controversy. 

*  *  *  * 
— [Conn.  Sen.  Journal,  1878,  p.  53 


582  Copies  of  Documents  Relating  to  the 

[State  of  Connecticut.] 
[House   Joint  Resolution  No.  149.] 
[71.] 

Appointing  Commissioners  to  fix  the  Boundary  Lines  between  the  States 
of  Connecticut  and  New  York. 

Approved  March  13,  1878. 

Resolved  by  this  Assembly:  That  the  governor  be  and  is  hereby 
authorized  to  appoint  three  commissioners  on  the  part  of  this  state  to 
ascertain  the  boundary  lines  between  this  state  and  the  state  of  New 
York,  both  upon  the  west  and  south,  and  said  commissioners  are  hereby 
authorized  and  empowered  to  meet  such  commissioners  as  may  be 
appointed  and  vested  with  similar  powers  by  the  legislature  of  the  state 
of  New  York,  and  with  them,  as  soon  as  may  be,  to  ascertain  and  agree 
upon  both  of  the  said  boundary  lines,  designating  the  same  by  suitable 
monuments  at  such  places  as  they  shall  deem  necessary;  and  said  com- 
missioners are  authorized  to  employ  necessary  surveyors  and  assistants. 
In  case  of  the  death  or  resignation  of  said  commissioners,  or  either  of 
them,  the  governor  is  hereby  empowered  to  fill  the  vacancy  or  vacancies 
so  occurring.  If  the  said  commissioners  shall  be  unable  to  meet  com- 
missioners on  the  part  of  the  state  of  New  York,  clothed  with  similar 
powers,  or,  meeting  them,  shall  be  unable  to  agree  with  them  upon  both 
of  the  boundary  lines  aforesaid,  they  shall  report  such  failure  to  the 
governor  of  this  state,  who  shall  thereupon  and  he  is  in  that  event 
hereby  authorized  and  directed  to  take  such  steps  as  to  him  may  seem 
necessary  to  have  said  boundary  lines,  both  upon  the  west  and  south, 
finally  fixed  and  determined  by  the  supreme  court  of  the  United  States. 
Said  commissioners  shall  report  their  doings  to  the  general  assembly  of 
this  State  for  ratification,  and  shall  be  compensated  at  the  rate  of  ten 
dollars  each  for  every  day  of  actual  service,  and  their  necessary 
expenses. 

Resolved,  That  the  secretary  cause  a  duly  certified  copy  of  the  fore- 
going resolution  to  be  transmitted  to  the  governor  of  the  state  of  New 
York. 

—  [Conn.  Private  Laws,  1878,  p.  77. 


A  bill  entitled  "An  Act  concerning  the  limits  and  jurisdiction  of 
the  State  of  New  York  and  the  State  of  Connecticut,"  was  passed 
by  the  Legislature  of  New  York  in  May,  1878,  but  failed  to  receive 
the   approval   of  the   Governor.      The   next   year  the   following   act, 


Boundaries  of  the  State  of  New  York.  583 

framed  in  accordance  with  his  views,  was  passed,  the  State  of  Con 
necticut  meanwhile  bringing  a  suit  in  the  U.  S.  Supreme  Court,  as 
authorized  by  the  foregoing  joint  resolution  of  March  13,  1878.  Fur- 
ther reference  to  this  suit  will  be  made  hereafter.     (See  page  589.) 


[State  of  New  York.] 

Chap.  166. 

An  Act  to  provide  for  the  settlement  of  the  boundary  lines  between 
the  State  of  New  York  and  the  State  of  Connecticut. 

Passed  April  16,  1879. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  secretary  of  state,  the  attorney-general  and  the  state 
engineer  and  surveyor  are  hereby  designated  and  appointed  as  commis- 
sioners on  the  part  of  the  State  of  New  York  to  ascertain  the  boundary 
lines  between  this  state  and  the  state  of  Connecticut,  both  upon  the 
west  and  south  of  the  state  of  Connecticut,  and  the  said  commissioners 
are  hereby  authorized  and  empowered  to  meet  such  commissioners  as 
have  been  or  may  be  appointed,  and  vested  with  similar  powers  on  the 
part  of  the  state  of  Connecticut,  under  authority  of  the  legislature 
thereof,  and  with  such  last-mentioned  commissioners  as  soon  as  may  be, 
to  ascertain  and  agree  upon  both  of  the  said  boundary  lines,  designating 
the  same  by  suitable  monuments  at  such  places  as  they  shall  deem 
necessary;  and  said  commissioners  hereby  appointed  are  authorized 
to  employ  such  surveyors  and  assistants  as  may  be  necessary.  The 
said  commissioners  shall  report  their  doings  to  the  legislature  of  this 
state  for  its  consideration  and  ratification. 

§  2.  The  sum  of  three  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  treasury 
applicable  to  such  purposes  to  pay  the  necessary  expenses  and  disburse- 
ments of  the  said  commissioners  in  the  performance  of  the  duties 
required  by  this  act,  and  the  comptroller  is  authorized  to  draw  his 
warrant  upon  the  treasurer  for  the  moneys  hereby  appropriated,  from 
time  to  time,  as  the  same  may  be  needed. 

§  3.  This  act  shall  take  effect  immediately. 


584  Copies  of  Documents  Relating  to  the 

[In  N.  Y.  Assembly.] 

February  11,  1880. 

*  *  *  * 

Mr.  Speaker  presented  a  copy  of  the  report  of  the  New  York 
commissioners  appointed  to  settle  the  disputed  boundary  line  between 
the  State  of  New  York  and  Connecticut,  pursuant  to  chapter  166  of 
the   Laws  of  1879,  which  was  laid  on  the  table  and  ordered  printed. 

*  *  *  * 

— [JV.  Y  Assem.  Journal,  1880,  p.  211. 


STATE  OF  NEW  YORK. 

No.  53. 
[In  Assembly.] 

February  11,  1880. 
REPORT 

Of  the   New  York   Commissioners   Appointed  to  Settle  the 
Disputed  Boundary  Lines  with  the  State  op  Connecticut. 


Albany,  February  11,  1880. 
Hon.  George  H.  Sharps, 

Speaker  of  the  Assembly : 

Dear  Sir  —  I  herewith  transmit  to  the  Legislature  a  copy  of  the 
report  of  the  New  York  Commissioners  appointed  to  settle  the  disputed 
boundary  line  between  the  State  of  New  York  and  Connecticut,  pur- 
suant to  chapter  166  of  the  Laws  of  1879. 

Very  respectfully, 

HORATIO  SEYMOUR,  Jr., 

State  Engineer  and  Surveyor. 


REPORT 

*  *  *  * 

To  the  Honorable,  the  Legislature  of  the  State  of  New  York  : 

By  chapter  166  of  the  Laws  of  1879,  a  copy  of  which  is  hereto 
annexed,  the  secretary  of  State,  the  attorney-general  and  the  State  engi- 
neer and  surveyor  were  designated  as  commissioners  on  the  part  of  the 
State  of  New  York,  to  ascertain  the  boundary  line  between  this  State 
and  the  State  of  Connecticut,  both  upon  the  west  and  south  of  the  State 
of  Connecticut,  and  were  empowered  to  meet  commissioners  vested  with 
similar  powers  on  the  part  of  the  State  of  Connecticut,  under  the 
authority  of  its  legislature,  and  with  them  to  ascertain  and  agree  upon 


Boundaries  of  the  State  of  New  York.  585 

both  of  the  said  boundary  lines,  designating  the  same  by  suitable  monu- 
ments at  such  places  as  might  be  deemed  necessary;  and  the  said  com- 
missioners were  required  to  report  their  doings  to  the  legislature  of  this 
State  for  its  consideration  and  ratification. 

On  the  part  of  the  State  of  Connecticut,  Hon.  Origcn  S.  Seymour, 
Hon.  La  Fayette  S.  Foster  and  Hon.  William  T.  Minor,  three  eminent 
citizens,  were  designated  as  commissioners,  and  the  negotiations  with 
these  gentlemen  have  been  of  the  most  courteous  and  agreeable 
character. 

In  pursuance  of  the  purpose  for  which  they  were  appointed,  the  com- 
missioners of  the  respective  States  have  held  several  meetings  and  made 
such  progress  with  the  business  intrusted  to  them  as  its  importance,  and 
their  other  duties  permitted.  They  have  met  at  Saratoga,  at  Albany, 
and  twice  at  New  York  city. 

In  October  last,  the  commissioners  procured  from  the  quarantine 
commissioners  of  the  State,  the  steamboat  controlled  by  those  commis- 
sioners, and  made  a  trip  through  Long  Island  Sound,  for  the  purpose  of 
making  a  personal  inspection  of  the  coast-line  of  Connecticut,  and  of 
the  various  islands  contiguous  to  that  coast  in  the  Sound.  The  under- 
signed have  also  procured  such  information  as  they  were  able  respecting 
the  fisheries  in  the  Sound  and  the  rights  claimed  in  such  fisheries  by  the 
inhabitants  of  the  respective  States.  The  undersigned  employed  James 
T.  Gardner,  Esq.,  director  of  the  State  survey,  as  consulting  engineer, 
in  their  inspection  of  the  Sound  and  the  examination  of  the  various 
questions  which  have  arisen  connected  with  the  object  of  the  commis- 
sion, and  have  received  from  him  much  valuable  assistance. 

The  undersigned  have  assumed  from  the  fact  of  the  creation  of  a 
joint  commission  to  settle  the  differences  respecting  the  boundary  lines 
between  the  two  States,  that  it  is  the  desire  of  each  State  to  have 
those  differences  amicably  and  honorably  adjusted,  and  to  remove  all 
cause  for  future  controversies  by  establishing  boundaries  which,  while 
just  to  both,  should  not  derogate  from  the  honor  or  the  reasonably 
clear  rights  of  either  State. 

The  negotiations  have  been  conducted  in  this  spirit,  and,  unlike  the 
former  commissions,  created  for  the  same  purpose,  have  resulted  in  an 
agreement. 

At  a  meeting  of  the  joint  commission  held  in  New  York  in  Decem- 
ber last,  a  definite  understanding  was  reached  in  respect  to  the  entire 
boundary  in  controversy.  The  line  upon  the  west  of  the  State  of 
Connecticut  is  of  little  practical  importance,  and  was  agreed  to  be  fixed 
and  established  as  the  same  was  surveyed,  marked,  and  reported  by  a 
former  New  York  commission  in  the  year  1860.  The  question  of 
locating  a  line  through  the  Sound  involved  more  serious  and  important 


586  Copies  of  Documents  Relating  to  the 

considerations,  requiring  an  analysis  of  the  old  patents  from  the  British 
crown.  An  examination  of  judicial  decisions  in  the  State  and  Federal 
courts  bearing  upon  the  subject,  investigations  concerning  the  facts  of 
actual  jurisdiction  assumed  or  exercised  by  the  respective  States,  a  con- 
sideration of  the  point  of  Federal  authority,  and  of  the  principles  of 
international  law  applicable  to  the  question,  but  upon  the  most  careful 
deliberation,  a  line  for  that  boundary  was  also  agreed  upon  ;  and  the 
agreements  entered  into  respecting  both  lines  are  hereto  annexed,  and 
reported  to  your  honorable  body. 

By  this  agreement,  the  line  through  the  Sound  begins  at  a  point 
opposite  Byram's  Point,  formerly  called  Lyon's  Point,  and  runs  sub- 
stantially through  the  center  of  the  Sound  until  it  approaches  Fisher's 
Island;  where  it  deflects  northerly  and  then  runs  easterly  through  the 
channel  between  Fisher's  Island  and  the  coast  of  Connecticut,  so  as  to 
include  that  island  within  the  boundaries  of  the  State  of  New  York. 
The  agreement  contains  a  proviso  that  the  fixing  of  the  territorial  line 
between  the  two  States  shall  not  affect  the  rights  of  either  State  or  its 
inhabitants  in  respect  to  fishing,  either  for  shell  fish  or  floating  fish,  in 
the  waters  of  Long  Island  Sound,  as  such  rights  have  heretofore  existed, 
either  by  virtue  of  patents  from  the  British  Crown,  or  otherwise  ;  and 
also  a  further  proviso,  that  it  shall  not  affect  any  grants  of  property 
rights  heretofore  made  by  authority  of  either  State. 

The  undersigned  have  carefully  examined  the  various  royal  patents 
under  which  the  conflicting  claims  of  the  two  States  have  arisen  in 
respect  to  shell  fishing  in  the  waters  of  Long  Island  Sound,  and  respect- 
ing the  Islands  of  the  Sound.  The  claims  on  the  part  of  the  State  of 
Connecticut  are  deduced  from  the  patent  granted  by  Charles  the  Second, 
king  of  England,  on  the  20th  day  of  April,  1662,  and  the  patent  granted 
by  Robert,  earl  of  Warwick,  March  19,  1631 ;  and  also  from  the  award 
of  settlement  made  by  royal  commissioners  in  1664,  in  the  matter  of  the 
contention  between  the  colony  of  Connecticut  and  the  duke  of  York, 
concerning  Long  Island,  which  award  determined  that  island  to  be 
within  the  grant  to  the  duke  of  York,  and  subject  to  his  authority,  and 
which  was  assented  to  by  the  colony  of  Connecticut. 

On  the  part  of  the  State  of  New  York,  the  patents  by  which  its  rights 
are  conferred  are  the  patent  from  or  by  authority  of  James  I,  king  of 
England,  to  Alexander,  earl  of  Sterling,  about  the  year  1614,  the  rights 
granted  by  which  were  subsequently  conveyed  by  James  the  duke  of 
York;  the  two  patents  from  Charles  II,  king  of  England,  to  his  brother 
James,  the  duke  of  York,  the  first  dated  March  12th,  1664,  and  the 
second,  the  29th  day  of  June,  1674,  which  latter  patent  was  confirmatory 
of  the  former.  The  award  or  settlement  made  by  the  royal  commis- 
sioners in  1664  is  also  largely  relied  upon  on  the  part  of  the  State  of 


Boundaries  of  the  State  of  New  York.  587 

New  York,  as  well  as  the  limitations  and  reservations  in  the  Connecticut 
patent  granted  April  20th,  1662. 

The  boundaries  and  descriptions  given  in  various  patents,  to  which 
reference  has  been  made,  are  mostly  vague  and  uncertain,  owing  doubt- 
less to  the  imperfect  geographical  knowledge  possessed  at  that  time, 
and  it  is  not  easy  to  determine  from  the  language  of  those  patents,  nor 
from  the  award  made  by  the  royal  commissioners  in  1664,  precisely 
where  the  boundaiy  line  was  intended  to  be  located  between  the  Colony 
of.  Connecticut  and  the  Province  of  the  duke  of  York,  or  whether  each 
was  intended  to  be  bounded  on  the  Sound  as  "  The  Sea."  The  award,  in 
terms  only  determines  the  right  of  the  duke  of  York  to  Long  Island,  but 
by  implication  favors  the  title  of  the  duke  to  the  Sound  and  itsislands. 

A  construction  of  these  patents  appears  to  be  warranted  which  would 
carry  the  boundary  line  of  New  York  to  the  coast  of  Connecticut, 
including  within  the  limits  of  New  York  all  the  islands  of  the  Sound, 
and  that  this  was  the  construction  originally  given,  seems  probable  from 
many  facts  and  circumstances;  but  this  construction  is  denied  on  the 
part  of  Connecticut,  and  the  claim  of  the  State  is  that  the  boundary, 
under  a  fair  construction  of  the  patents,  and  the  rules  of  international 
law,  is  the  center  of  the  Sound. 

It  is  also  difficult  to  determine  from  the  old  patents  whether  the 
Sound  was  regarded  as  an  inland  arm  of  the  sea,  or  as  the  open  sea, 
although  it  is  probable  from  the  language  of  those  patents  that  the 
Sound  at  that  time  was  understood  to  be  the  open  sea.  Both  the 
Province  of  New  York  and  the  State  of  New  York  seem  to  have  claimed 
Long  Island  Sound  and  the  various  islands  it  contains  to  be  within  the 
territorial  jurisdiction  of  the  State  and  to  have  exercised  political 
authority  over  it  in  accordance  with  such  claim.  The  statute  of  New 
York  which  defines  the  boundaries  of  the  State  does  not  specify  the 
course  of  the  line  from  Sandy  Hook  to  Lyon's  Point  with  any  particu- 
larity, but  gives  a  general  description  as  follows: 

"In  such  manner  as  to  include  Staten  Island,  and  the  islands  of 
Meadow  on  the  west  side  thereof,  Shooters  Island,  Long  Island,  The 
Isle  of  Wight,  now  called  Gardner's  Island,  Fisher's  Island,  Shelter 
Island,  The  Gull  Islands,  and  all  the  islands  in  the  waters  and  bay  of 
New  York  and  within  the  bounds  above  described."     1  R.  S.  65. 

Cases  have  frequently  arisen  in  the  courts  in  which  the  question  of 
the  jurisdiction  of  New  York  over  the  waters  and  islands  of  Long  Island 
Sound  have  been  considered;  but  no  decision  has  been  rendered  which 
gives  authoritative  judicial  construction  to  the  patents  which  have  been 
referred  to,  or  which  can  be  regarded  as  defining  the  location  of  the 
boundary  line. 

In  the  case  of  Mahler  v.   Transportation  Company  (35  New  York 


588  Copies  of  Documents  Relating  to  the 

Reports,  352),  a  very  able  and  learned  opinion  was  delivered  by  Judge 
Porter  upon  the  questions  under  consideration;  in  which  all  the 
authorities  bearing  upon  the  question  of  jurisdiction  are  examined  and 
considered.  The  learned  judge  holds,  and  the  majority  of  the  court 
concurred  with  him  in  his  opinion,  that  Long  Island  Sound  is  not  the 
open  sea,  but  an  inland  arm  of  the  sea,  and  may  therefore  be  embraced 
within  the  jurisdiction  of  the  respective  States.  He  says,  "  that  Long 
Island  Sound  was  included  within  the  territorial  dimensions  of  the 
British  empire  at  the  date  of  the  charter  from  Charles  II  to  the  duke 
of  York  is  a  proposition  too  plain  for  argument;  it  was  an  inland  arm 
of  the  sea,  washing  no  shores  but  those  of  the  provinces  and  with  no 
opening  to  the  sea  except  a  passage  between  the  British  headlands,  less 
than  five  miles  apart.  *  *  *  The  rule  is  one  of  universal  recognition, 
that  a  bay,  strait,  or  arm  of  the  sea,  lying  wholly  within  the  dominion 
of  the  sovereign  and  admitting  of  no  ingress  from  the  ocean  except  by 
a  channel  between  contiguous  headlands  which  he  can  command  with 
his  cannon  on  either  side,  is  a  subject  of  territorial  dominion.  Within 
this  rule,  the  islands  at  the  eastern  extremity  of  Long  Island  Sound  are 
the  fauces  terrm  which  define  the  limits  of  territorial  authority  and 
make  the  line  of  separation  between  the  open  ocean  and  the  inland  sea." 
"  The  right  of  the  king  to  the  waters  of  these  inland  seas  and  bays, 
and  his  authority  to  grant  or  withhold  them  in  his  royal  charters,  was 
settled  by  the  Supreme  Court  of  the  United  States  in  the  case  of  Martin 
v.  Waddell  (16  Peters,  367)." 

He  further  says:  'The  question  whether  the  waters  of  the  Sound 
were  embraced  within  the  royal  grant  to  the  duke  of  York,  is  one  which 
we  are  not  called  upon  to  determine;  if  they  were,  they  passed  under 
the  subsequent  grants  to  the  States  of  New  York  and  Connecticut;  if 
they  were  not,  they  remained  in  the  king  until  his  rights  were  divested 
by  the  Revolution.  The  States  contiguous  to  these,  as  to  our  other 
inland  seas  and  bays,  then  succeeded  to  his  dominion  over  their  waters, 
and  their  property  in  them  became  absolute,  subject  to  the  public  right 
of  navigation."  And  he  adds:  "  In  the  absence  of  any  prior  grant  of 
the  whole  or  any  portion  of  these  waters,  each  of  the  contiguous  States 
succeeded  to  territorial  dominion  from  its  own  shore  to  the  middle  of 
the  Sound.  So  far  their  possession  was  co-terminous,  the  property  on 
New  York  in  the  residue  extending  from  shore  to  shore.  Such  is  the 
settled  rule  applicable  to  the  neighboring  States  bounded  by  a  territorial 
inland  sea."     (Id.  356.) 

The  same  opinion  also  expresses  this  important  principle:  "  The  State 
of  New  York  has  not  relinquished  to  the  Federal  government  its  terri- 
torial rights  or  its  general  jurisdiction  over  the  waters  of  Long  Island 
Sound. 


Boundaries  of  the  State  of  New  York.  589 

"  The  Supreme  Court  of  the  United  States  has  adjudged  that  the 
cession  by  the  States  to  the  Federal  authorities  of  admiralty  and  mari- 
time jurisdiction  over  our  inland  seas  and  bays  was  not  a  cession  of 
the  waters,  or  of  general  jurisdiction  over  them;  and  that  the  States 
retain  unimpaired  the  residuary  powers  of  legislation  and  their  rights 
of  territorial  dominion."     {United  States  v.  J3eavan,  8  Wheaton,  336.) 

The  construction  of  the  patents  and  the  location  of  the  boundary 
line  were  left  undetermined  by  this  case.  In  one  reported  case  it  was 
held  by  a  single  judge  that  the  Sound  was  not  embraced  in  the  charter 
to  the  duke  of  York,  and  that  consequently  the  State  had  no  jurisdic- 
tion over  its  waters  (The  Sioop  Elizabeth,  1st  Paine's  C.  C.  10),  but  this 
case  is  not  of  controlling  authority. 

In  another  case  a  learned  judge  was  of  opinion  that  the  waters  and 
islands  of  Long  Island  Sound  up  to  a  line  running  directly  from  Fisher's 
Island  to  Lyon's  Point  (the  south-west  corner  of  Connecticut)  are  within 
the  territorial  jurisdiction  and  bounds  of  the  State  of  New  York,  as 
declared  in  the  Revised  Statutes.  Manley  v.  The  People  (3rd  Selden, 
295). 

It  thus  appears  that  very  little  judicial  light  has  been  shed  upon  the 
question  of  the  construction  of  the  old  patents,  or  the  location  of  the 
boundary  line  between  the  two  States. 

A  suit  was  commenced  in  the  United  States  Supreme  Court,  by  the 
State  of  Connecticut  against  the  State  of  New  York,  in  1878,  for  the 
settlement  of  the  boundary  line  through  the  Sound,  which  is  now 
pending  and  at  issue  in  that  court.  In  case  of  the  ratification  of  the 
agreement  entered  into  by  the  joint  commission,  that  suit  will  doubtless 
be  discontinued,  or  a  decree  entered  in  it  in  conformity  with  the 
agreement. 

In  reaching  the  conclusion  which  is  herewith  reported  to  your  'honor- 
able body,  the  undersigned  have  been  guided  by  certain  considerations 
which  they  deem  of  more  importance  than  mere  territorial  extension 
a  few  miles,  one  way  or  the  other,  over  the  Sound.  These  are  :  First, 
that  the  Sound  should  be  regarded  as  an  inland  arm  of  the  sea,  and 
not  as  the  open  sea,  so  that-  the  jurisdiction  of  the  respective  States 
shall  cover  the  entire  Sound,  up  to  the  line  mutually  recognized  as  the 
boundary  between  them.  Second,  that  it  is  more  important  to  have 
some  line  definitely  fixed  and  determined  as  the  boundary  between  the 
States,  so  as  to  prevent  conflicts  of  jurisdiction,  and  to  give  unquestioned 
authority  to  each  State  for  judicial  and  police  purposes,  than  the  par- 
ticular place  where  that  line  may  be  located. 

The  undersigned  have  not  been  able  to  perceive  any  substantial 
advantage  to  the  State  of  New  York  from  the  extension  of  its  juris- 
diction to  the  coast  of  Connecticut,  or  from  the  title  and  possession  of 


590  Copies  of  Documents  Relating  to  the 

the  small  islands  which  lie  near  the  Connecticut  coast,  in  the  Sound, 
while  for  manifest  reasons,  it  may  be  regarded  as  objectionable,  upon 
the  part  of  the  State  of  Connecticut,  to  have  those  islands  under  the 
jurisdiction  of  the  State  of  New  York,  and  subject  to  its  laws. 

By  reserving  in  the  settlement  of  this  line  all  the  rights  of  fishing, 
as  well  for  shell  fish  as  for  floating  fish,  as  they  have  heretofore  existed, 
to  the  inhabitants  of  the  State  of  New  York,  irrespective  of  the  loca- 
tion of  the  line,  the  undersigned  believe  that  all  the  substantial  rights 
in  which  the  inhabitants  of  New  York  can  be  interested  are  preserved, 
and  that  the  peace  and  good  order  of  the  respective  States  will  be  pro- 
moted by  the  ratification  of  the  line  which  has  been  agreed  upon  by 
the  commissioners. 

All  of  which  is  respectfully  submitted. 

ALLEN  C.  BEACH, 

Secretary  of  State. 

A.  SCHOONMAKER,  Jr., 
Attorney-  General. 

HORATIO  SEYMOUR,  Jr., 

State  Engineer  and  Surveyor. 
Dated  December  29,  1878. 

Memorandum. 

Memorandum  of  agreement  by  and  between  the  subscribers,  com- 
missioners of  the  States  of  New  York  and  Connecticut,  respectively, 
to  settle  the  question  of  the  boundaries  between  said  States,  being 
thereunto  authorized  by  the  resolutions  of  said  States,  respectively 
passed  by  them,  as  hereunto  annexed.  That  is  to  say,  we,  Allen  C. 
Beach,  secretary  of  State,  Augustus  Schoonmaker,  Jr.,  attorney-gen- 
eral, and  Horatio  Seymour,  Jr.,  State  engineer  and  surveyor,  com- 
missioners of  the  State  of  New  York,  and  we,  Origen  S.  Seymour,  La 
Fayette  S.  Foster,  and  William  T.  Minor,  commissioners  of  the  State 
of  Connecticut,  have  agreed,  and  do  hereby  agree,  to  fix,  determine 
and  establish  the  boundaries  between  our  respective  States,  subject  to 
the  approval  and  ratification  of  the  legislatures  of  our  respective 
States,  in  the  following  manner  : 

We  agree  that  the  boundary  on  the  land,  constituting  the  western 
boundary  of  Connecticut  and  the  eastern  boundary  of  the  State  of 
New  York,  shall  be  and  is  as  the  same  was  defined  by  monuments 
erected  by  commissioners  appointed  by  the  legislature  of  the  State  of 
New  York  and  completed  in  the  year  1 860.  The  said  boundary-line 
extending  from  Byram  Point,  formerly  called  Lyon's  Point,  on  the 
south,  to  the  line  of  the  State  of  Massachusetts  on  the  north. 


Boundaries  of  the  State  of  New  York.  591 

And  we  further  agree  that  the  boundary  on  the  Sound  shall  be  and 
is  as  follows:  Beginning  at  a  point  in  the  center  of  the  Channel  about 
six  hundred  feet  south  of  the  extreme  rocks  of  Byram  Point,  marked 
No.  0,  on  appended  U.  S.  Coast  Survey  chart,  thence  running  in  a  true 
south-east  course  3  1-4  statute  miles,  thence  in  a  straight  line  (the  arc  of 
a  great  circle)  north-easterly  to  a  point  four  statute  miles  true  south  of 
New  London  lighthouse,  thence  north-easterly  to  a  point  marked  No.  1 
on  the  annexed  U.  S.  Coast  Survey  chart  of  Fisher's  Island  Sound, 
which  point  is  on  the  long  E.  3-4  N.  sailing-course  drawn  on  said  map, 
and  is  about  1,000  feet  northerly  from  the  Hammock  or  N.  Dumpling 
lighthouse,  thence  following  said  E.  3-4  N.  sailing-course  as  laid  down 
on  said  map  easterly  to  a  point  marked  No.  2  on  said  map,  thence  south- 
easterly toward  point  marked  No.  3  on  said  map,  so  far  as  said  States 
are  coterminuous.  Provided,  however,  that  nothing  in  the  foregoing 
agreement  contained  shall  be  construed  to  affect  existing  titles  to  prop- 
erty corporeal  or  incorporeal  held  under  grants  heretofore  made  by 
either  of  said  States,  nor  to  affect  existing  rights  which  said  States,  or 
either  of  them,  or  which  the  citizens  of  either  of  said  States  may  have, 
by  grant,  letters-patent  or  prescription  of  fishing  in  the  waters  of  said 
Sound,  whether  for  shell  or  floating  fish,  irrespective  of  the  boundary 
line  hereby  established,  it  not  being  the  purpose  of  this  agreement  to 
define,  limit  or  interfere  with  any  such  right,  rights  or  privileges,  what- 
ever the  same  may  be. 

In  witness  whereof  we  have  hereunto  set  our  hands  to  this  instru- 
ment and  to  a  duplicate  thereof,  December  8th,  1879. 

ALLEN  C.  BEACH, 

Secretary  of  State. 

AUGUSTUS  SCHOONMAKER,  Jr., 

Attorney-  General. 

HORATIO  SEYMOUR,  Jr., 

State  Engineer  and  Surveyor. 
Commissioners  of  the  State  of  New  York. 

ORIGEN  S.  SEYMOUR, 
LAFAYETTE  S.  FOSTER, 
WILLIAM  T.  MINOR, 

Commissioners  of  the  State  of  Connecticut. 
— [N.  Y  Asaem.  I>oc\  1880,  No.  53. 


592  Copies  of  Documents  Relating  to  the 

[State  of  Connecticut.] 

[Senate  Joint  Resolution  No.  33.] 

[67.] 

Approved  March  12,  1880. 

Boundary  Line  between  Connecticut  and  New  York. 

Whereas,    An    agreement    has    been    made    between    commissioners 
appointed  by  the  State  of  Connecticut  of  the  one  part,  and  commis- 
sioners appointed  by  the  State  of  New  York  of  the  other  part,  a  copy 
of  which  agreement  is  as  follows,  to  wit: 
Memorandum  of  agreement  [etc.,  as  on  page  590,  ante],         *         * 
now  therefore,  it  is 

Resolved  by  this  General  Assembly :  Section  1.  That  said  agreement 
be,  and  the  same  is  hereby,  approved  and  adopted  by  the  state  of 
Connecticut. 

Sec.  2.  The  governor  is  authorized  and  requested  to  communicate 
the  foregoing  action  of  this  assembly  to  the  governor  of  the  state  of 
New  York,  and  upon  due  notice  being  received  of  the  adoption  of  said 
agreement  by  the  state  of  New  York,  such  notice  shall,  under  the 
authority  of  the  governor  of  this  State,  be  filed  in  the  office  of  the  sec- 
retary of  this  State,  and  upon  the  same  being  so  filed,  said  agreement 
shall  become  binding  and  operative,  and  in  full  force,  and  the  boundary 
between  this  state  and  the  state  of  New  York  shall  be  fixed  and  estab- 
lished as  therein  agreed. 

Sec.  3.  Upon  the  ratification  of  said  agreement  the  governor  is  author- 
ized, in  concurrence  with  the  executive  of  New  York,  to  communicate 
to  Congress  the  action  of  the  two  states  on  this  subject,  and  to  request 
the  approval  of  Congress  of  the  boundai'ies  thus  established. 
— [Conn.  Private  Laws,  1880,  p.  44. 


[State  of  Connecticut.] 

[Senate  Joint  Resolution  No.  37.] 

[182.] 

Concerning   Fisher's  Island. 

Approved,  March  25,  1880. 

Whereas,  Fisher's  island  lies  near  to  the  coast  line  of  the  state  of  Con- 
necticut, and  it  is  to  the  advantage  of  the  state  that  said  island  should 
be  within  its  jurisdiction,  therefore, 

Resolved  by  this  Assembly:  Section  1.  That  Origen  S.  Seymour, 
Lafayette  S.  Foster,  and  William  T.  Minor  be,  and  they  hereby  are, 
appointed  commissioners  on  the  part  of  this  state,  with  power  to  nego- 


Boundaries  of  the  State  of  New  York.  593 

tiate  with  the  state  of  New  York  or  any  commissioners  which  may  be 
appointed  by  said  state,  and  make  an  agreement  between  both  states 
under  which  the  boundary  line  lately  agreed  upon  by  the  commissioners 
of  the  state  of  New  York  and  this  state  may  be  so  changed  that 
Fisher's  island  may  be  set  to  and  become  a  part  of  the  state  of  Connecticut. 

Sec.  2.  Said  commissioners  shall  report  their  doings  to  the  general 
assembly  of  this  state  for  ratification,  and  shall  be  compensated  at  the 
rate  of  ten  dollars  each  for  every  day  of  actual  service  and  their 
expenses,  and  in  case  of  the  death  or  resignation  of  said  commissioners 
or  either  of  them  the  governor  is  hereby  empowered  to  fill  the  vacancy 
or  vacancies  so  occurring. 

Sec.  3.  The  governor  shall  cause  a  duly  certified  copy  of  this  resolu- 
tion to  be  transmitted  to  the  governor  of  the  state  of  New  York. 
— [Conn.  Private  Laws,  1880,  p.  137. 


[State  op  New  York.] 
Chap.  213. 
An  Act  to  ratify  and  confirm  the  agreement  in  relation  to  the  boundary 
lines  between  the  state  of  New  York  and  the  state  of  Connecticut, 
entered  into  by  commissioners  on  the  part  of  said  states. 

Passed  May  8,  1880. 
The  People  of  the  State  of  New  York,  represented  in    Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  The  agreement  for  the  settlement  of  the  boundary  lines 
between  the  State  of  New  York  and  the  State  of  Connecticut,  entered 
into  by  the  commissioners  appointed  for  that  purpose  on  the  part  of 
said  States,  respectively,  a  duplicate  original  of  which  is  on  file  in  the 
office  of  the  secretary  of  State,  and  a  copy  of  which  has  been  reported 
to  the  legislature,  is  hereby  ratified  and  adopted.  The  said  agreement 
is  as  follows,  namely:  "Memorandum  of  agreement  [etc.,  as  on  page 
590,  ante].         *         * 

§  2.  The  governor  is  authorized  and  requested  to  transmit  a  copy  of 
this  act  to  the  governor  of  the  State  of  Connecticut,  and,  upon  receiv- 
ing due  notice  of  the  adoption  of  said  agreement  by  the  State  of  Con- 
necticut, the  governor  of  this  State  shall  cause  such  notice  to  be  filed 
in  the  office  of  the  secretary  of  State,  and,  upon  the  same  being  so  filed, 
the  said  agreement  shall  become  binding  and  operative,  and  in  full 
force,  and  the  boundary  between  this  State  and  the  State  of  Connecticut 
shall  be  fixed  and  established  as  specified  and  provided  in  said 
agreement. 

§  3.  Upon  the  said  agreement  taking  effect  as  herein  provided,  the 
38 


594  Copies  of  Documents  Relating  to  the 

governor  is  authorized,  in  concurrence  with  the  executive  of  Connecti- 
cut, to  communicate  to  congress  the  action  of  the  two  States  on  this 
subject,  and  to  request  the  approval  of  congress  of  the  boundaries  thus 
established. 


[Gov.   Andrews  to   Gov.   Cornell.] 

EXECUTIVE  DEPARTMENT, 

State  of  Connecticut,  ) 

Hartford,  June  4,  1 880.  j 

His  Excellency  Alonzo  B.  Cornell,    Governor   of  the  State  of  JVew 
York. 

Sir:  I  have  the  honor  herewith  to  transmit  to  you  a  duly  certified 
copy  of  the  Resolution  passed  by  the  General  Assembly  of  this  State 
relating  to  the  Boundary  line  between  this  State  and  the  State  of  New 
York.  In  accordance  with  the  second  section  of  said  Resolution  I  hereby 
make  known  to  you  that  the  agreement  of  the  Joint  Commission  estab- 
lishing the  Boundary  Line  between  the  State  of  Connecticut  and  the 
State  of  New  York  has  been  approved  and  adopted  by  the  State  of 
Connecticut. 

The  people  of  both  States  may  well  be  congratulated  that  this  [word 
obliterated]  boundary  line,  unadjusted  for  more  than  a  hundred  years,  is 
now  so  happily  settled. 

I  have  the  honor  to  be, 

Your  Excellency's  Obedient  Servant, 
—[Original  MS.  Letter.  CHAS.  B.  ANDREWS. 


[Gov.  Cornell  to  Gov.  Andrews.] 
STATE  OF  NEW  YORK  : 

Executive  Chamber,  } 

Albany,  August  5,  I860,  j 
Sir  :  Your  letter  of  the  4th  of  June  last,  enclosing  a  certified  copy 
of  the  resolution  of  the  General  Assembly  of  the  State  of  Connecticut, 
ratifying  the  agreement  of  the  joint  commission  establishing  the  bound- 
ary lines  between  the  States  of  New  York  and  Connecticut,  was  duly 
received.  The  congratulation  expressed  in  view  of  the  settlement  of  a 
question  so  long  unadjusted,  is  especially  fitting,  and  most  cordially 
reciprocated. 

By  direction  of  the  Legislature  of  this  State,  a  certified  copy  of 
chapter  213,  of  the  Laws  of  New  York,  passed  May  8,  1880,  entitled 
"  An  act  to  ratify  and  confirm  the  agreement  in  relation  to  the  boundary 
lines  between  the  State  of  New  York  and  the  State  of  Connecticut, 


Boundaries  of  the  State  of  New  York.  595 

entered  into  by  commissioners  on  the  part  of  said  States,"  is  herewith 
transmitted.  Pursuant  to  section  3  of  said  act,  a  memorial  to  Congress, 
in  quadruplicate,  is  respectfully  submitted  for  your  concurrence,  touch- 
ing the  joint  action  of  the  two  States  on  the  subject  contained,  and 
requesting  the  approval  of  the  same  by  Congress. 

While  making  this  communication  to  Congress,  it  is  suggested  that 
in  order  to  preserve  a  complete  record  of  every  proceeding  relative  to 
this  matter  it  would  not  be  inappropriate  to  deposit  a  copy  of  the 
memorial,  duly  authenticated,  in  the  office  of  the  Secretary  of  State,  in 
each  State.  Accordingly,  therefore,  a  suitable  number  of  copies  have 
been  prepared  and  attested  by  me;  and  if  commended  to  your  judgment, 
be  pleased  to  return  two  of  them  to  me  with  your  signature  affixed, 
together  with  copies  of  the  joint  resolution  of  your  General  Assembly, 
for  the  purpose  and  uses  mentioned. 

Yours  very  truly, 

ALONZO  B.  CORNELL. 

His  Excellency,   Charles  B.    Andrews,    Governor  of   the   State   of 
Connecticut. 

[Memorial  to  Congress.] 
To  the  Congress  of  the  United  States : 

In  accordance  with  the  concurrent  action  of  the  Legislature  of  the 
State  of  New  York,  and  the  General  Assembly  of  the  State  of  Con- 
necticut, the  undersigned  respectfully  communicate  and  make  known  to 
Congress  that  the  agreement  in  relation  to  the  boundary  lines  between 
the  State  of  New  York  and  the  State  of  Connecticut,  entered  into  by 
commissioners  on  the  part  of  the  said  two  States,  has  been  formally 
ratified  and  confirmed,  as  specifically  shown  and  set  forth  by  the  acts 
of  the  Legislatures  of  the  respective  States,  true  copies  of  which  are 
hereto  annexed. 

And  pursuant  to  said  acts,  in  like  terms  adopted,  it  is  hereby  respect- 
fully requested  by  us  jointly,  on  the  part  of  our  respective  States,  that 
the  action  taken  and  done  on  the  subject  of  the  boundaries  thus  estab- 
lished, be  approved  by  Congress. 

(Signed)  ALONZO  B.  CORNELL, 

Governor  of  the  State  of  New  York. 
CHARLES  B.  ANDREWS, 

Governor  of  the  State  of  Connecticut. 
August,  1880. 

— [Public  Papers  of  Gov.  Cornell^  880,  pp.  95,104. 


596  Copies  of  Documents  Relating  to  the 

[In  Congress.] 
[Public  —  No.  46.] 

AN  ACT  concerning  settlement  of  boundary  lines  between  New  York 

and  Connecticut. 

Approved  February  26,  1881. 
Whereas,  commissioners  duly  appointed  on  the  part  of  the  State  of 
New  York,  and  commissioners  duly  appointed  on  the  part  of  the  State 
of  Connecticut,  for  the  purpose  of  settling  the  boundary  line  between 
said  States,  did  execute  an  agreement  in  the  words  following,  to  wit:1 

and 

Whereas  said  agreement  has  been  confirmed  by  the  legislatures  of 
said  States  of  New  York  and  Connecticut  respectively :  Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  consent  of  the  Con- 
gress of  the  United  States  be,  and  hereby  is,  given  to  said  agreement, 
and  to  each  and  every  part  thereof;  and  the  boundaries  established  by 
said  agreement  are  hei*eby  approved:  Provided,  however,  That  nothing 
herein  contained  shall  be  construed  to  impair  or  in  any  manner  to  affect 
any  right  of  the  United  States  or  jurisdiction  of  its  courts  in  and 
over  the   islands  or  waters  which  form  the  subject  of  said  agreement. 

Department  of  State. 

April  27,  1881. 
A  true  copy, 

SEVELLON  A.  BROWN, 

Chief  Clerk. 


[Gov.  Andrews  to  Gov.  Cornell.] 

STATE  OF  CONNECTICUT : 

Executive  Department,  ) 

Hartford,  January  3,  1881.  J 
His  Excellency, 

Alonzo  B.  Cornell, 

Governor  of  New  York : 
Sir: 

I  beg  to  inform  you  that  in  accordance  with  the  provisions  of  special 
act  182  passed  by  the  General  Assembly  of  Connecticut  at  the  January 
session  1880,  a  certified  copy  of  which  I  have  caused  to  be  forwarded 
to  you,  I  have  appointed  the  Hon.  Richard  A.  Wheeler,  of  Stonington, 

1  See  page  590,  ante.— [P. 


Boundaries  of  the  State  of  New  York.  597 

a  member  of  the  Commission  created  by  said  act,  in  place  of  the  Hon. 
L.  F.  S.  Foster,  deceased. 

I  have  the  honor  to  be 

Your  obedient  servant, 

CHARLES  B.  ANDREWS, 
— [Original  MS.  Letter.  Governor. 

[Gov.  Cornell  to  the  N.  Y.  Legislature.] 

January  4,  1881. 

*  *  *  * 

The  long-standing  controversy  in  regard  to  the  boundary  line  between 
this  State  and  Connecticut  has  finally  been  adjusted  in  accordance  with 
the  terms  agreed  upon  by  the  Commissioners  appointed  by  the  Legisla- 
tures of  the  two  States.  The  necessary  documents  have  been  officially 
exchanged  by  the  Executives,  who  have  also  united  in  a  petition  to 
Congress  requesting  the  approval  and  confirmation  of  such  settlement 
by  the  United  States. 

*  *  ♦  * 

— \N.  Y.  Assem.  Journal,  1881,  p.  26. 


State  op  New  York,  Executive  Chamber, 

Albany,  January  IV,  1881. 
To  the  Legislature : 

Herewith  is  respectfully  transmitted  a  certified  copy  of  an  act  of  the 
General  Assembly  of  the  State  of  Connecticut,  providing  for  a  commis- 
sion to  negotiate  with  the  State  of  New  York  concerning  Fisher's  Island. 

ALONZO  B.  CORNELL. 

*  *  *  * 

— [N.  Y.  Assem.  Journal,  1881,  p.  53. 


598  Copies  of  Documents  Relating  to  the 


DETERMINATION  OF  THE  NEW  YORK  AND  NEW  JERSEY 
JOINT  BOUNDARY  LINE. 


[Governor  Lovelace  to  Inhabitants  of  Staten  Island.] 

Fort  James,  New  York, 

May  12,  1669. 
Gentlemen 

Having  lately  received  a  letter  from  my  worthy  Predecesso'  C"  Nicolls, 
wherein  hee  assures  mee  that  his  Royall  Highnesse  has  declared  his 
pleasure  that  Staten  Island  shall  not  att  all  belong  to  New  Jersey  but 
bee  esteemed  as  part  of  New  Yorke  and  appertaine  to  this  Governm* 
[here  follows  an  order  to  cause  a  Town  Meeting  to  be  assembled,  etc.] 
— [N.  Y.  Orders,  Warrants,  Letters,  in  office  of  N.  Y.  Sec'y  of  State, 
ii,  410. 


[Governor  Lovelace  to  Capt.  James  Carterett  of  New  Jersey.] 

September  18,  1672. 

s: 

I  receiv'd  yof  Lett'  by  ye  hands  of  Mr  Jones ;  y*  Contents  were  a  Nar- 
rative of  what  had  past  between  one  of  yor  Magistrates  &  my  Marshall ; 
I  must  confess  I  have  heard  something  of  that  Story  though  imper- 
fectly ;  neither  did  I  give  too  much  Creditt  to  his  Relation,  finding  him 
to  bee  too  much  transported,  wch  I  can  attribute  to  noe  other  reason, 
than  what  hee  averrs,  his  hard  Treatm*;  Tis  true,  I  employ'd  him  to 
forewarne  all  persons  (that  had  not  that  common  Civility  in  them  to 
desire  Liberty  of  mee)  to  cutt  &  carry  away  Hay  from  Staten  Island 
without  my  Approbacon;  but  it  seems  Mf  Hopkins  (whether  in  con- 
tempt or  Derision)  p'sum'd  to  make  an  Essay,  whither  the  Propriety 
belong'd  to  his  Royall  Highness,  or  ye  Lord  Proprieto™  &  as  my  Serv- 
ant avei*rs,  when  that  was  ye  Dispute,  hee  was  soe  confident  as  to  decide 
it  theirs  (for  that  was  the  Terme)  And  upon  that  Conclusion  perhaps 
us'd  him  more  vigorously  than  some  undecent  Reply  of  my  Servant 
might  meritt. 

Sr  I  hope  there  will  not  bee  an  Occasion  of  a  Controversy  of  the 
Title  of  that  Place  after  8  yeares  possession,  together  with  a  lawfull 
Purchase  of  the  Natives,  &  not  the  least  Contradiction  from  ye  Lord 
Proprieto"  but  if  any  pragmatick  Person,  out  of  any  Officiousness  or 
sinister  Ends  of  his  own  shall  intermeddle  in  that  Affayre,  I  shall 
assure  him  to  maintaine  my  Royall  Masters  Interest  to  that  Place,  to 
the  utmost  of  my  Ability;  Mr  Jones  brought  another  Letter,  but  find- 


Boundaries  of  the  State  of  New  York.  599 

itig  the  Superscription  to  bee  Mr  Hopkins  his  Hand,  with  whom  I  never 

had  any  Correspondence  (neither  desire  I  any)  I  refus'd  the  Acceptacon. 

I  have  noe  more  at  present,  but  that  I  am 

Yor  humble  Servant 

Fr:  Lovelace. 

— [N%  Y.  Gen.  Entries,  in  office  of  N.  Y.  Sec'y  of  State,  iv,  207. 


Warrant  to  prepare  a  Patent  for  Sir  George  Carteret  for  East  Jersey. 

July  23,  1674. 

Whereas  the  King  my  Soveraigne  Lord  and  Brother  hath  beene 
pleased  by  his  letters  Patents  under  the'Great  Seal  of  England  to  give 
and  graunt  to  me  and  my  heires  All  that  part  of  the  main  land  of  New 
England  in  America  now  called  by  the  name  of  New  York  together 
with  Long  Island  and  severall  lands  and  territories  in  the  said  Lr6s  Patents 
more  at  large  expressed:  And  Whereas  I  have  thought  fit  to  give  and 
conferr  upon  Sir  George  Carteret  Vice-Chamberlaine  of  His  Mats  House- 
hold and  his  heires,  All  that  tract  of  land  adjac'  to  New  England  and 
lyeing  and  being  to  ye  Westwards  of  Long  Island  and  Manhatans 
Island,  and  bounded  on  the  East  part  by  the  maine  Sea,  and  part  by 
Hudson's  River,  and  extends  Southwards  as  farr  as  a  certaine  Creeke 
called  Barnegat,  being  about  ye  middle  betweene  Sandy  Poynt  and  Cape 
May,  and  bounded  on  the  West  in  a  streight  lyne  from  the  said  Creeke 
called  Barnegat  to  a  certaine  Creeke  in  Delaware  River  next  adjoyning 
to  and  below  a  certaine  creeke  in  Delaware  River  called  Rankokus 
Kill,  and  from  thence  up  the  said  Delaware  River  to  y"  Northermost 
branch  thereof  which  is  in  41  Degrees  and  40  minutes  of  Lat.  and  on 
the  North  crosseth  over  thence  in  a  streight  lyne  to  Hudson's  River  in 
41  Degrees  of  Latitude:  These  are  to  will  and  require  you  forthwith  to 
prepare  a  bill  to  passe  my  signature  conteyning  a  graunt  of  ye  aforesaid 
lands  to  the  said  Sir  George  Carteret  and  his  heires,  reserving  the  annuall 
rent  of  Twenty  Nobles  to  me  and  my  heires;  and  you  are  to  insert  such 
apt  clauses  as  may  make  my  said  graunt  effectuall  in  law  to  the  said  Sir 
George  Carteret  and  his  heires.  Provided  that  this  Warr'  be  first 
entered  with  my  Audit'  and  for  so  doing  this  shalbe  your  Warr*  Given 
und'  my  hand  at  Wydnsor  this  23th  of  July  1674. 

James. 
To  Sr  Francis  Wynnington    Knt:    my  ] 

Attorney  Genu  or  Sir  John  Churchill  \ 
my  Soil'  Generall. 

—  [JV.    Y.  Col  Doc,  iii,  223. 

[For  a  copy  of  the  aforesaid  Patent,  see  vol.  i  of  this  Report  on 
Boundaries,  p.  23.] 


600  Copies  of  Documents  Relating  to  the 

Governor  Dong  an  to  Sir  John  Werden. 

New  York.  Feb.  18th   1684. 

*  *  *  * 
Billop's  Plantation  is  opposite  to  Amboy  and,  if  vessells  bee  permit- 
ted to  come  there,  and  not  enter  at  New  York,  it  will  bee  impossible  to 
hinder  ye  putting  goods  ashore  on  Staten  Island.  There  was  a  report 
that  hee  intended  to  sell  it  to  one  of  East  Jersey,  I  think  it  would  doe 
well  if  you  please  to  look  into  the  last  patent  of  East  Jersey  to  see 
whether  shipping  bee  obliged  if  they  come  into  Sandy-Hook  to  make 
entry  at  New  York,  the  Quakers  making  continual  pretences  to  Staten 
Island  disturbs  the  people,  more  than  200  familyes  are  setled  on  it. 
And  in  case  His  Royal  Highness  cannot  retreive  East  Jersey,  it  will  doe 
well  to  secure  Hudson's  River  and  take  away  all  claim  to  Staten  Island. 

*  *  *  * 

There  is  noe  way  to  prevent  [yc  trade]  ye  Indians  had  with  East 
Jersey,  but  by  running  the  line  from  Hudson's  River  to  Delawai-e  and 
then  take  some  course  with  the  Indians  not  to  goe  into  the  bounds  of 
East  Jersey,  the  bounds  being  already  setled  on  Hudson's  River.  I 
beleive  wee  shall  have  a  dispute  with  Boston  about  the  lands  betweene 
Conecticut  and  Hudson's  River,  they  pretending  all  along  to  the  south 
sea  as  Conecticut  did.  If  any  Colony  in  these  Parts  will  flourish  this 
will  soe:  and  I  beleeve  it  better  to  make  an  end  of  all  disputes  than  to 
delay  them.  *  *  * 


Serv*    Tho:  Dongan. 


— [iV.  Y.  Col.  Doc,  iii,  355,  356. 


[In  N.  Y.  Council.] 

April  ffr  1684,  Post  Meridiem. 

*  *  *  * 

The  Indians  of  Minisink  being  present 

The  Governor  said  that  they  haveing  been  allways  friends  to  this 
Goverm'  he  wondred  they  had  not  been  to  see  him,  that  the  Mohawks  & 
others  had  done  it,  that  haveing  sent  for  them  about  a  little  businesse 
he  would  give  them  50  tokens  &  gave  them  four  Duffle  Coates  etc,  that 
the  Duke  haveing  given  some  land  to  them  of  East  Jersey  to  settle  on 
&  to  be  purchased  w"  the  consent  of  the  Indians  he  had  sent  for 
them  to  go  along  w'_h  some  of  this  place  to  run  the  line  where  that  land 
is  to  be  divided,  &  that  they  go  up  straight  to  Delaware  River,  that 
he  would  take  no  land  but  what  he  buys  frbm  the  Indians  &  that  they 
of  East  Jersey  are  not  to  buy  any  on  or  side  of  the  line  of  partition. 

That  he  expected  some  from  East  Jersey  &  then  would  have  them 
to  goe  straight  from  Hudsons'  River  to  Delaware  River  &  that  one 


Boundaries  of  the  State  of  New  York.  60  L 

Sackem  of  each  nation  should  go  &  6  others,  that  he  would  have 
them  stay  untill  they  of  East  Jersey  came  &  should  have  provisions 
untill  then. 

They  answered,  they  would  do  so,  but  desired  that  they  might  go  on 
the  other  side  to  Bergen  and  stay  there  untill  they  were  sent  for. 

— [N.  Y.  Council  Minutes  (MS.),  v,  65. 


June  30'*  1686. 

Garven  Laure  Esqf  Dep.  Governo'  of  East  New  Jersey  &  John 
Skene  Esqr  Dep.  Govern'  of  West  New  Jersey  (with  severall  Gentle- 
men of  both  Goverm**  in  their  company)  acquainted  the  hono'abl.  Coll. 
Tho.  Dongan  bis  Mati8  L'  &  Governor  of  New  York  &  its  dependences, 
wth-  their  Intntions  to  run  the  lines  of  the  three  Governm";  to  which 
he  offered  &  proposed  to  them;  that  the  most  Northerly  branch  of 
Delaware  River,  according  to  the  patent,  should  first  be  agreed  upon 
&  fixed  —  that,  the  first  day  of  September  next  after  the  date  hereof 
be  the  day  appointed  for  the  Surveyors  to  meet  at  the  falls  of  Delaware 
River,  &  that  which  is  the  most  northerly  branch  of  Delaware  River, 
if  any  controversie  arise  about  it,  be  determined  by  the  vote  of  two 
of  these  three  Surveyors;  George  Keith,  Andrew  Robinson,  &  phillip 
Wells ;  &  that  what  is  concluded  by  two  of  the  said  Surveyors  to  be 
the  limitts  &  bounds  of  the  3  Go  verm"  be  so  deemed  &  reputed,  &  the 
Surveyors  to  give  in  their  reports  under  their  hands 
all  which  was  agreed  upon  &  concluded 

*  *  *  » 

— [Nl  Y.  Council  Minutes  (MS.),  v,  159. 


September  1,  1686. 
*  *  *  * 

The  following  instructions  were  given  to  Phillip  Wells  Esquire  Sur- 
veyor of  his  Mat,M  province  of  New  York  you  are  carf ully  &  with  exact- 
ness to  run  the  line  between  this  province  &  that  of  East  Jersey; 
begining  in  the  latitude  of  41  d.  &  forty  m.  upon  Delaware  River, 
that  being  don  you  are  to  make  the  best  mark  you  are  able  where  the 
bounds  of  the  Governi  fall  &  to  give  a  parcheall  report  thereof ;  under 
the  hands  of  your  selfe  &  the  other  Surveyors  Concerned  with  as  much 
speed  as  conveniently  may  be  into  the  Secretaries  office  And  because 
it  is  very  requisite  to  know  the  nature  of  the  sayle  you  are  allso  to  take 
notice  of,  &  observe  the  nature  of  the  Country  &  to  give  me  a  descrip- 


602  Copies  of  Documents  Relating  to  the 

tion  of  it.     Given  under  my  hand  at  ffort  James  in  New  York  this 
1*  day  of  September  1686 
To  phillip  Wells  Esquire 
Surveyor  Generall  of  his 
Matie'  province  of  N.  York. 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  v,  170. 


Position  of  the  Forty-first  Degree  of  North  Latitude  on  Hudson's  River. 

Recorded  the  11th  of  Novembr  1686. 

By  two  Sundry  observations  of  the  Sunns  Meridionall  Altitude  made 
the  eighth  and  twenty-ninth  days  of  September  One  thousand  six 
hundred  eighty  Six  it  appeai'ed  and  was  manifest  to  Phillip  Wells 
George  Keeth  and  myselfe  observers  that  the  fourtieth  and  one  degree 
of  Northern  latitude  upon  Hudsons  River  is  one  minute  and  twenty 
five  Seconds  to  the  Northwards  of  Younckers  Milne  and  so  falls  upon 
the  high  Clifts  of  the  point  of  Tapaan  on  the  West  side  of  said  River. 

Witnesse  our  hands  hereunto  putt 

Andrew  Robeson 
Phillip  Wells 

— [Deeds  (in  office  of  N.  Y.  Sec'y  of  State)  viii,  49;   General  Mitries, 
1686,  p.  49;  N.  J.  Archives,  i,  520. 


[Gov.  Hamilton  to  Gov.  Fletcher.] 
February  13th  169f.  To  His  Excellency  Benjamin  Fletcher  and  the 
Honourable  their  Majesties  Council  of  the  Province  of  New  York. 
Whereas  in  the  Time  of  Col.  Dungan,  the  Surveyors  of  New  York 
and  the  Jersies,  did  by  a  Consent  of  the  respective  Governors,  meet  to 
ascertain  the  Stationary  Points,  from  whence  the  Division  Line  between 
New  York  and  the  Jersies,  was  to  be  drawn,  conform  to  the  Deeds 
granted  by  the  then  Duke  of  York  to  the  Proprietors  of  the  Jersies, 
that  the  Boundaries  of  each  Province  might  be  better  known.  And 
whereas,  in  Pursuance  of  the  said  Order,  the  respective  Surveyors  went 
out,  and  affixed  a  Station  on  Delaware  River,  in  41  and  40  Latitude, 
and  another  on  Hudson's  River  in  41°,  which  is  (conform  to  a  Map 
made  by  the  Surveyors)  due  West  from  Frederick  Philipse's  Lower 
Mills ;  but  tho'  the  Stations  were  fixed,  yet  the  Lines  were  not  drawn. 

May  it  please  your  Excellency, 
That  whereas,  I  am  now  making  a  Detachment  of  our  Men  for  the 
Frontiers,  out  of  the  respective  Counties,  and  that  there  are  several 


Boundaries  of  the  State  of  New  York.  603 

Plantations  near  the  Line  of  Partition,  which  pretend  Exemption  from 
any  Detachment  as  being  in  another  Government,  and  perhaps  use  the 
same  Shifts  to  York  Government. 

Your  Excellency,  to  clear  this  Point,  would  please  give  Order  to  the 
Surveyor,  to  join  with  our  Surveyor,  at  a  certain  Day,  to  mark  out  the 
Line  from  the  said  Station  on  Hudson's  River,  as  far  as  there  are  any 

Plantations. 

Your  Excellency's  most  obedient  Servant 
And.  Hamilton. 

— JV.  Y  Col.  MSS.,  lxxxi,  120,  No.  27;  N.  J.  Archives,  ii,  105. 


[In  N.  Y.  Council.] 

February  22,  169f. 

*  *  *  * 

Coll.  Andrew  Hamilton  Governor  of  the  Jerseys  having  desired  that 
the  line  of  partition  between  the  Province  of  East  Jersey  <fc  this 
Province  from  the  Stations  formerly  agreed  unto  by  the  surveyors  of 
both  Governments  may  be  runn  &  marked  to  ascertaine  the  right  of 
some  Plantacons  and  settlements  neere  the  line,  who  at  present  avoid 
the  paying  of  taxes  or  duty  to  either  Goverment, 

Ordered  Coll.  Stephen  Cortlandt  Coll.  Nicholas  Bayard  William 
Nicoll  Esqre '  and  William  Pinhorne  Esq"  be  a  Committe  of  this  Board 
to  consider  of  an  answer  thereunto  against  thursday  next. 

*  *  *  * 
— [iV[  Y.  Council  Minutes,  vii,  55;  N.  J.  Archives,  ii,  106. 


Lords  of  Trade  to  the  Earl  of  Bellomont. 

April  29,  1701. 

*  *  *  * 

The  settling  of  the  Boundaries  between  New  York  and  the  Jerseys  is 
a  matter  which  your  Lordship  must  necessarily  first  inquire  into  and 
give  us  an  account  of  the  pretensions  xm  both  sides;  and  what  you  con- 
ceive to  be  the  state  of  the  case,  before  we  can  lay  it  before  the  King. 
We  desire  you  therefore  to  do  so ;  and  we  shall  afterwards  represent 
what  may  be  necessary. 

*  *  *  * 

The  sending  over  a  skilfull  Surveyor  as  your  Lordship  desires,  to 
draw  correct  maps  would  undoubtedly  be  of  good  use,  but  it  would  be 

1  At  a  subsequent  meeting  (March  9),  Messrs.  Cortlandt,  Bayard  and  Nicoll  were 
made  such  committee.  —  [P. 


604  Copies  of  Documents  Relating  to  the 

chargeable;  and  till  it  may  be  convenient  to  propose  such  a  charge  the 
Engineer  ought  to  be  put  upon  doing  it,  so  far  as  he  can:  as  we  have 
formerly  hinted  upon  another  occasion. 

*  *  *  * 

— [JV.  T.  Col.  Doc,  iv,  854,  856. 


[Memorial.] 

April  2,  1705. 

To  his  Excellency  Edward  Lord  Viscount  Cornbury  Cap?  Gen"  and 
Governr  in  Chief,  of  her  Majesties  Provinces  of  New  jersey  and 
Newyork,  and  Vice  admiral  of  the  same,  &c? 

The  humble  memorial  of  Peter  Fauconnier  Collector 
Sheweth.  and  Receiver  Gen!1  of  New  jersey. 

That  yo.r  Excellencies  Memorialist,  think  himself  unadvoydably  obliged 
by  the  duty  of  y'  office  wc?  yoT  Excellency  has  been  pleased  to  bestow 
upon  him,  in  the  Province  of  New  jersey,  to  apply  to  yo!  Excellency 
(as  Govern!;  of  both  Provinces)  and  humbly  to  represent,  of  what  ill 
consequence  it  is  to  said  province  of  New  jersey,  in  the  assessment 
and  recpte  of  y?  £2000  Taxe  lately  laid  by  yf  Gen!1  assembly  of  that 
Province,  on  all  y?  Inhabitants  thereof,  and  on  acco!  of  another  act 
relating  to  y?  militia,  and  indeed  to  this  Province  of  New  york  in  like 
cases,  that  the  limits  and  true  bounds  of  both  provinces  be  yett 
undecided ;  so  that  the  Planters  that  lives  on  both  Frontiers  be 
thereby  exposed  to  pay  Taxes  to,  and  fined  for  not  mustering  in  both 
provinces ;  (wch  would  be  very  hard)  or  both  Provinces  deprived  of 
w!  one  of  them  ought  in  justice  to  expect  from  them,  for  their  propor- 
tion of  Taxes  &c?  by  them  due  to  y?  province  they  rightly  belong  to,  if 
a  true  line  was  runn  and  ascertained  between  both. 

For  y?  reddress  whereof  yof  Excellencies  Memorialist,  most  humbly 
pray  yof  Excell.  to  issue  out  warrants,  to  the  Surveyor  Generall  of 
Each  Province,  to  go  forthwith  (while  it  is  yet  time)  with  the  assist- 
ance of  such  other  Persons  yof  Excellency  shall  see  meet,  and  fully 
instructed  of  w'  the  Patents  of«  both  Provinces  containe,  to  run  an 
exact  line  between  both,  so  y*  upon  a  report  of  their  proceedings, 
yo";  Excelly  ascertaining  the  true  bounds  of  both  y?  said  Provinces,  the 
Inhabitants  thereof  may  be  exactly  known,  and  all  disputes  &  contro- 
versies on  that  acco!  entirely  put  at  an  end  for  the  time  to  come. 
&  yoT  memorialist  shall  ever  pray  &c* 

P.  Fauconnibb. 
New  york  ap!1  2.  1705. 

—[n:  t.  Coi  ms s.,  1, 55. 


Boundaries  of  the  State  of  New  Tore.  605 

[Colony  of  New  York.] 

CHAP.  CCCXLVII. 

An   ACT  for  paying   and  discharging  several  Debts  due  from   this 
Colony,  to  the  Persons  therein  named  [etc.]. 

Pass'd  the  23d  of  December,  1717. 

*  *  *  And  whereas  the  Partition  Lines  between  this  Colony 
and  the  Colony  of  *  *  New  Jersey,  are  necessary  to  be  known 
and  ascertained,  in  order  that  such  of  the  Inhabitants  of  this  Colony, 
whose  Estates  or  Habitations  are  adjacent  to,  and  border  on  the  said 
Partition  Lines,  may  peaceably,  and  without  Molestation,  enjoy  the 
Fruits  of  their  Industry  ;  and  that  the  Government  may  not  be  de- 
frauded of  the  publick  Taxes  that  may  arise  and  become  due  from 
the  said  Inhabitants,  by  their  pretending  that  they  do  not  dwell  within 
this  Colony:  And  whereas  there  is  not  at  this  Time,  any  Money  in  the 
Hands  of  the  Treasurer  of  this  Colony,  but  what  is  appropriated  to 
particular  Uses,  *  *  In  order  therefore  to  pay  the  Claims  and 
several  Demands  now  made,  *  *  and  to  make  proper  and 
sufficient  Provision  for  the  Purposes  before  mentioned  ; 

I.  Be  it  Enacted  *  *  That  Bills  of  Credit  *  *  be 
forthwith  printed  and  signed,  to  wit. 

*  *  *  * 

— [N  T.  Laws  (Liv.  &  Smith),  i,  124. 

And  Be  it  further  Enacted  by  the  authority  aforesaid,  That  the 
quantity  of  Seven  hundred  and  fifty  ounces,1  part  of  the  aforesaid  Plate 
left  in  the  Treasurers  hands,  shall  be  applyed  to  defray  that  part  of  the 
Charge  of  Running,  Surveying  and  ascertaining  the  Partition  Line 
Limitt  and  Boundary  between  this  Colony  and  the  Colony  of  New 
Jersey  which  may  be  requisite  for  this  Colony  to  pay,  to  be  Issued  by 
warrant  under  the  hand  and  Seal  of  the  Governour  of  this  Province, 
for  the  time  being,  by  and  with  the  advice  and  Consent  of  his  Majesties 
Council  in  such  parts  &  proportions  as  shall  be  requisite  for  that  Service, 
when  the  Survey  ascertaining  and  Runing  of  the  said  Line  Limitt  and 
Boundary  shall  be  began%  and  Carryed  on  by  the  mutual  Consent  and 
agreement  of  his  Excellency  &  Councill  of  this  Province  and  the  Pi-o- 
prietors  of  the  soil  of  the  said  Province  of  New  Jersey,  *  * 

[here  follows  a  similar  appropriation  for  the  survey  of  the  Connecticut 
line]  *  *  which  Lines  being  Run  ascertained  and  agreed  on 
by  the  Surveyors  and  Commissioners  of  each  Colony,  as  aforesaid,  shall 
forever  thereafter  be  Deemed  taken  be  and  remain  as  the  partition  Line 
Limitt  and  Boundary  of  this  Colony,  and  all  bodys  Corporate  and 
1  Often  subsequently  referred  to  as  300  pounds. 


(j(Jt)  Copies  of  Documents  Relating  to  the 

Politick,  and  all  other  persons  whatsoever  within  this  Province,  shall 
be  forever  Concluded  thereby. 

*  *  *  * 

— [N.  Y.  Original  Laws  (MS.),  in  office  of  Sec'y  of  State,  v,  page  58 
of  said  act. 


[Province  op  New  Jersey.] 

CHAP.  XXVII. 

An  ACT  for  running  and  ascertaining  the  Division  Line  betwixt  this 
Province  and  the  Province  of  New  York. 

[March  27,  1719.] 
Sect.  1.  WHEREAS  many  Disputes  and  Controversies  have  of  late 
happened  betwixt  the  Proprietors  and  Owners  of  Land  in  this  Province 
of  New  Jersey,  and  the  Owners  of  Land  in  the  Province  of  New-  York, 
which  lie  near  to  or  adjoining  upon  the  Division  Line,  as  well  as  between 
the  Officers  of  the  Government,  and  a  Number  of  lawless  Men  there, 
who  Elude  the  Laws  of  both  Provinces,  and  pay  Taxes  and  Obedience 
to  neither,  pretending  to  be  situate  in  each  of  them,  to  serve  their  evil 
purpose  of  Disobedience  to  the  lawful  Commands  and  Demands  of  the 
Officers  of  the  Government.  To  prevent  which  for  the  Future,  and  in 
order  that  such  of  the  Inhabitants  of  this  Colony,  whose  Estates  or 
Habitations  are  adjacent  to  and  border  on  the  said  Partition  Line, 
may  Peaceably,  and  without  Molestation,  enjoy  the  Fruits  of  their  Labour, 
and  the  Government  may  not  be  defrauded  of  the  publick  Taxes  that 
are  or  may  arise  and  become  due  from  the  said  Inhabitants,  by  their 
pretending  that  they  do  not  dwell  within  this  Colony. 

2.  BE  IT  ENACTED  by  the  Governor,  Council  and  General  Assem- 
bly, and  it  is  hereby  ENACTED  and  DECLARED  by  the  Authority  of 
the  same,  That  there  shall  be  two  or  more  Commissioners,  with  the  Sur- 
veyor General,  appointed  by  his  Excellency  the  Governor  of  this  Province, 
or  the  Governor  or  Commander  in  Chief  of  this  Province,  for  the 
Time  being,  by  and  with  the  Consent  of  the  Council,  who  shall  be 
empowered  by  a  Commission  under  the  Great  Seal  of  this  Province,  to 
join  with  such  Commissioners  and  Surveyors*  as  shall  be  appointed  on 
the  Part  and  Behalf  of  the  Province  of  New  York,  Which  said  Com- 
missioners and  Surveyors  so  appointed  and  commissionated,  as  aforesaid, 
shall,  on  the  Part  and  Behalf  of  the  Province  of  New  Jersey,  Run, 
Survey,  Agree  on  and  Ascertain  the  said  Line,  Limits  and  Boundaries 
betwixt  this  Province  of  New-Jersey,  and  the  said  Province  of  New- 
York,  according  to  the  true  Limits  thereof,  as  near  as  conveniently  can 
be  done. 


Boundaries  of  the  State  of  New  York.  607 

3.  AND  BE  IT  FURTHER  ENACTED  by  the  Authority  afore- 
said, That  when  such  Commissioners  as  shall  be  appointed  by  his 
Excellency  the  Governor,  or  the  Governor  or  Commander  in  Chief  for 
the  Time  being,  by  and  with  the  Advice  and  Consent  of  the  Council, 
with  the  Surveyor  General  of  this  Province,  have  joined  with  such 
Commissioners  and  Surveyors  as  shall  be  appointed  for  and  on  the  behalf 
of  the  Province  of  New-York,  and  have  ascertained,  run  and  agreed 
on  the  Line  of  Partition  or  Division  betwixt  this  Province  and  the 
Province  of  New-  York,  they  shall  make  Return  of  the  same,  under 
their  Hands  and  Seals,  to  his  Excellency  the  Governor,  or  the  Governor 
or  Commander  in  Chief  of  this  Province,  for  the  Time  being,  which 
Return  shall  be  Filed  and  Recorded  in  the  Secretary's  Office  of  this 
Province.  Which  said  Line  of  Division  or  Partition  betwixt  this 
Province  and  the  Province  of  New-  York,  being  ascertained,  run  and 
agreed  on,  and  recorded,  as  aforesaid,  shall  forever  hereafter  be  Deemed, 
Taken,  Be,  Remain,  and  Continue  the  Partition  Line,  Limit  and  Boundary 
betwixt  this  Province  and  the  Province  of  New  -  York  /  and  all  Bodies 
Politick  and  Corporate,  and  all  other  Persons  whatsoever  within  this 
Province,  or  Claiming  any  Right  and  Property  therein,  shall  be  Con- 
cluded by  the  same;  any  Law,  Usage,  Custom  or  Pretence  to  the 
contrary  in  any  wise  notwithstanding. 

— [N  J.  Laws,  i,  1 703-1 1 5 2,  p.  11;  Allinson's  Compilation,  p.  61 
(title  and  date,  only.) 

[In  N.  Y.  Council.] 

May  2,  1719. 

Ordered  that  a  Commission  do  Issue  under  the  Great  Seal  of  this 
province  for  Runing  and  ascertaining  the  Division  Line  Betwixt  the 
province  of  New  Jersey  to  Rob'  Walter  and  Isaac  Hicks  Esq"'  as 
Commissioners  and  Allen  Gerard  as  Surveyor  in  behalf  of  this 
province. 

Ordered  that  a  warrant  do  Issue  immediately  to  the  Treasurer  of 
this  province  for  the  payment  of  one  hundred  and  twenty  pounds  to 
Rob!  Walter  and  Issac  Hicks  Esq—  Comml?  for  runing  the  Division 
Line  betwixt  this  province  and  the  province  of  New  York  [sic  !]  for 
Defraying  the  Charges  they  will  be  put  to  before  and  upon  Running  of  the 
said  Line  out  of  the  Money  in  the  Treasurers  hands  appropriated  for  that 
purpose  by  vertue  of  an  act  of  Assembly  intitled  an  act  for  paying  and 
discharging  severall  Debts  due  from  this  Colony  the  persons  therein 
named  and  for  Raising  and  putting  into  the  hands  of  the  treasurer  of 
this  Colony  several  Quantities  of  plate  to  be  applyed  to  the  publick 
and  necessary  use  of  this  Colony  and  to  make  bills  of  Credit  to  the 


608  Copies  of  Documents  Relating  to  the 

value  of  forty-one  thousand  five  hundred  and  seventeen  ounces  and 
one  half  of  plate  for  that  purpose. 

*  *  *  * 

— [iV.  Y.  Council  Minutes  (MS.),  xi,  589. 


[Commission.] 

George  by  the  Grace  of  God  King  of  Great  Brittain  ffrance  and 
Ireland  Defender  of  the  faith  &c 

To  all  to  whom  these  presents  shall  come  Greeting: 
Know  yee,  that  we  Reposeing  Especiall  Trust  and  Confidence  in  the 
Prudence  Integrity  and  ability  of  our  Trusty  and  Welbeloved  subjects 
Robert  Walter  Isaac  Hicks  and  Allan  Gerard  Esq—  Have  Commission- 
ated  Assigned  Authorized  Impowered  and  Appointed  as  by  these 
Presents  do  Commissionate  Assign  Authorize  Impower  and  Appoint 
the  said  Robert  Walter  and  Isaac  Hicks  Commissioners  and  the  said 
Allan  Gerard  Surveyor  for  the  Province  of  New  York,  That  they  the 
said  Commissioners  and  Surveyor  in  Conjunction  with  the  Commis- 
sioners and  Surveyor  or  Surveyors  Appointed  or  to  be  Appointed  upon 
the  Part  and  behalf  of  our  Province  of  New  Jersey  Carefully  and 
Diligently  Inspect  and  Survey  All  or  such  of  the  Streams  of  Water 
that  fformes  the  River  Delaware  Which  they  the  said  Commissioners 
or  the  Surveyor  or  Surveyors  may  Esteem  Necessary  to  be  Inspected  or 
Surveyed  in  Order  to  find  out  and  Determine  which  of  the  Streams  is 
the  Northermost  Branch  of  the  River  Delaware,  And  that  then  when 
such  Branch  is  so  Discovered  that  the  said  Surveyor  or  Surveyors 
Carefully  According  to  the  best  of  their  Knowledg  and  understanding 
Discover  and  find  out  that  Place  of  the  said  Northermost  Branch  of 
Delaware  River  that  Lyes  in  the  Latitude  of  fforty  one  Degrees  and 
fforty  Minutes  which  is  the  North  Partition  Point  of  New  York  and 
New  Jersey.  And  for  the  better  Preserving  and  Perpetuating  the 
Knowledge  of  the  said  North  Partition  Point,  Wee  do  hereby  require 
the  said  Commissioners  and  Surveyors  that  they  take  Notice  of  the  most 
Remarkable  and  Conspicuous  Places  near  to  the  said  North  Partition 
Point  Whether  they  be  Rocks  Hills  Gullies  Ponds  Runs  or  Streams  of 
Water  and  Observe  on  what  Courses  and  Distances  such  Remarkable 
Places  bears  from  the  said  North  Partition  Point  All  which"  the  said 
Commissioners  and  Surveyors  are  also  hereby  Required  Distinctly  to 
Certifie  under  their  Hands  and  Seals  to  our  Governour  or  Commander 
in  Chief  of  our  said  Province  of  New  York  to  be  filed  and  Recorded 
in  our  Secretary's  office  of  New  York  And  wee  do  by  these  Presents 
further  Commissionate  Authorize  and  Impower  the  said  Robert  Walter 


Boundaries  of  the  State  of  New  York.  609 

and  Isaac  Hicks  Commissioners  and  Allan  Gerard  Surveyor  of  our  said 
Province  of  New  York  That  in  Conjunction  with  our  Commissioners 
and  Surveyor  or  Surveyors  for  the  Province  of  New  Jersey  that  Care- 
fully they  According  to  the  best  of  their  Knowledg  Skill  and  Under- 
standing as  near  as  may  be  they  shall  find  out  and  Discover  that  part 
on  the  West  side  of  Hudson's  River  that  Lyes  in  the  fforty  One  Degree 
of  Latitude,  And  that  when  that  place  is  known  which  is  the  Further- 
most place  of  the  Province  of  New  Jersey  that  is  Bounded  by  said 
Hudsons  River  then  the  said  Commissioners  and  Surveyors  According 
to  the  best  of  their  Skill  and  Knowledg  shall  Run  Survey  and  Mark 
out  a  Streight  and  Direct  Line  from  that  Part  of  Hudsons  River  in  the 
Forty  One  Degree  of  Latitude  unto  that  place  aforesaid  called  the 
North  Partition  Point  upon  the  Northermost  Branch  of  Delaware 
which  is  in  the  Latitude  of  fforty  One  Degrees  and  fforty  Minutes  which 
Line  being  so  Run  and  Marked  out  is  for  ever  hereafter  (Pursuant  to 
an  Act  of  the  General  Assembly  of  our  said  Province  of  New  York 
past  in  the  Fourth  Year  of  our  Reign  Intituled  an  Act  for  Paying  and 
Dischargeing  Several  Debts  due  from  this  Colony  to  the  Persons  therein 
named  and  for  Raising  and  Putting  into  the  Hands  of  the  Treasurer  of 
this  Colony  Several  Quantities  of  Plate  to  be  Applyed  to  the  Publick 
and  Necessary  use  of  this  Colony  and  to  make  Bills  of  Credit  to  the 
Value  of  fforty  One  Thousand  ffive  Hundred  and  Seventeen  Ounces 
and  an  half  of  Plate  for  that  purpose)  to  be  Deemed  taken  he  and 
Remaine  as  the  Partition  Line  Limitt  and  Boundary  between  our  said 
Provinces  of  New  York  and  New  Jersey.  And  for  the  better  Preserv- 
ing and  Perpetuating  the  Knowledge  of  that  Part  of  Hudsons  River 
that  Lyes  in  the  Latitude  of  fforty  One  Degrees  and  also  of  the  Line  of 
Partition  or  Division  betwixt  our  Provinces  of  New  York  and  New 
Jersey  The  said  Commissioners  Robert  Walter  and  Isaac  Hicks  and 
Allan  Gerard  Surveyor  shall  take  Notice  not  only  of  the  Most  Con- 
spicuous and  Remarkable  Places  and  of  the  Courses  and  Distances  they 
bear  from  the  said  place  upon  the  West  side  of  Hudsons  River  that 
Lyes  in  the  fforty-one  Degree  of  Latitude,  As  also  likewise  of  All  and 
Every  the  Remarkable  Places  where  the  said  Line  of  Partition  or 
Division  Cutts  and  the  Distances  such  Places  are  at  from  One  of  the 
Terminations  of  the  Line  either  on  Hudsons  River  in  the  Latitude  of 
fforty  One  Degrees  or  on  the  said  Northermost  Branch  of  Delaware 
River  in  the  Latitude  of  fforty  One  Degrees  fforty  Minutes  all  which 
the  said  Commissioners  and  Surveyor  are  hereby  also  required  to  Cer- 
tifie  and  Return  Distinctly  under  their  Hands  and  Seals  to  our  said 
Governour  or  Commander  in  Chief  of  our  said  Province  of  New 
York  in  Order  to  be  filed  and  Recorded  in  our  Secretary's  Office  of 
New  York. 

89 


6J0  Copies  of  Documents  Relating  to  the 

In  Testimony  Whereof  we  have  Caused  the  Great  Seal  of  our  said 
Province  to  be  hereunto  Affixed  and  these  our  Letters  to  be  made 
patent  this  ffirst  day  of  May  in  the  ffifth  year  of  our  Reign  Annoque 
Domini  One  Thousand  Seven  Hundred  and  Nineteen  Witness  our 
Trusty  and  Welbeloved  Robert  Hunter  Esq—  Captain  General  and  Com- 
mander in  Chief  of  our  said  Provinces  of  New  York  New  Jersey  the 
Territories  and  Tracts  of  Laud  Depending  thereon  in  America  and 
Vice  Admiral  of  the  same  etc  at  our  ffort  at  New  York. 

J.  Bobin  Depty  Secry 
In  the  Absence  of  Jas.  Alexander. 

— [JV.  Y.  Commissions  (in  office  of  N.  Y.  Sec'y  of  State)  iii,  187. 


[In  N.  Y.  Council.] 

June  20,  1719.     ' 
*  *  *  * 

Upon  the  application  of  Capt.  Walter  &  Coll.  Heeks  Comm—  and 
Allen  Jurat  Surv'  appointed  for  Running  the  Division  Line  betwixt  this 
Prorince  &  the  province  of  New  Jersey 

It  is  the  opinion  of  this  board  that  out  of  the  funds  in  the  Treasurers 
hands  appropriated  for  that  purpose  they  be  allowed  all  their  reason- 
able charges  and  thirty  shillings  a  day  Each  during  the  time  they  shall 
be  upon  that  service. 

—[A7]  Y.  Council  Minutes  (MS.),  xi,  636. 

November  12,  1719. 

Upon  producing  an  Account  of  Robert  Walter  and  Isaac  Hicks 
Esq™  Commissioners  and  Allane  Jarratt  Surveyor  appointed  etc  etc 
amounting  to  one  Hundred  and  fifty  two  pounds  fourteen  shillings  and 
three  pence 

Ordered  a  Warrant  Issue  to  pay  each  of  them  twenty  pounds  in 
Part  of  the  said  Account  and  that  the  Residue  of  the  Money  (being 
sixty  pounds)  appropriated  for  that  Service  remain  in  the  Hands  of  the 
Treasurer  till  the  said  Account  is  laid  before  the  Governour  Councill 
and  General  Assembly  at  their  next  meeting. 

— [iV.  Y.  Council  Minutes  (MS.),  xii,  55. 


Boundaries  of  the  State  of  New  York.  611 

[Indentuek] 
This  Indenture  tripartite  made  the  twenty  fifth  day  of  July  in  the  fifth 
year  of  the  reign  of  George  over  Great  Britain  France  and  Ireland  King 
&c  Annoq  Domini  1719  Between  Robert  Walters  of  the  City  &  Province 
of  New  York  Isaac  Hicks  of  Queens  County  in  said  province  Esq!  Allan 
Jarrot  of  the  City  and  Province  aforesaid  Esq!  Surveyor  for  and  in 
behalf  of  the  said  Province  of  New  York  of  the  first  part  John  John- 
ston and  George  Willocks  of  the  Eastern  Division  of  the  Province,  of 
New  Jersey  Esq"  and  James  Alexander  Surveyor  General  of  the  said 
Eastern  Division  of  the  second  part  and  Joseph  Kirkbride  and  John 
Reading  of  the  Western  Division  of  the  said  Province  and  James  Alex- 
ander Surveyor  General  of  the  said  Western  Division  of  the  third  part. 
Whereas  his  said  Majesty  the  King  by  Letters  patents  under  the  Great 
Seal  of  the  Province  of  New  York  Did  Comissionate  Authorise  and 
Appoint  the  said  Robert  Walters  and  Isaac  Hicks  comissioners  and  Allan 
Jarrot  Surveyor  of  the  Province  of  New  York  that  they  the  said  comis- 
sioners &  surveyor  in  conjunction  with  the  Comissioners  &  Surveyor  or 
Surveyors  appointed  or  to  be  appointed  upon  the  part  and  behalf  of  the 
Province  of  New  Jersey  that  they  are  fully  and  Diligently  Inspect  and 
Survey  all  such  of  the  streams  of  water  that  form  the  River  Delaware 
which  they  the  said  Commissioners  or  the  Surveyor  or  Surveyors  may 
Esteem  New  Jersey  to  be  Inspected  or  Surveyed  in  order  to  find  out 
and  determine  which  of  the  streams  is  the  Northermost  branch  of  Dela- 
ware River  and  that  then  when  such  branch  is  so  discovered  that  the 
Surveyor  or  Surveyors  according  to  the  best  of  their  knowledge  and 
undei'Standiug  discover  and  find  out  that  place  of  the  said  Northermost 
branch  of  Delaware  River  that  lyes  in  the  Lattitude  of  forty  one  degrees 
and  forty  minutes  which  is  the  North  partition  point  of  New  York  and 
New  Jersey  and  for  the  better  preserving  and  perpetuating  the  knowl- 
edge of  the  said  partition  point  the  said  Comissioners  and  Surveyors  by 
the  said  Letters  patents  are  required  to  take  notice  of  the  most  remarka- 
ble and  conspicuous  places  near  to  the  said  North  partition  point  whether 
they  be  rocks,  hills,  gullies,  ponds,  runs  or  streams  of  water  and  observe 
upon  what  course  and  distance  such  remarkable  places  bear  from  the 
said  North  partition  point  all  which  the  said  Comissioners  are  required 
by  the  said  Letters  patents  Distinctly  to  Certify  under  their  hands  and 
seals  unto  the  Governor  or  Commander  in  chief  of  the  said  Province  of 
New  York  to  be  filed  and  recorded  in  the  Secretarys  office  of  the  said 
Province  of  New  York  all  which  by  the  said  Letters  patents  bearing 
date  the  fifth  day  of  May  in  the  fifth  year  01  his  said  Majestys  Reign 
and  in  the  year  of  our  Lord  One  thousand  seven  hundred  and  nineteen 
and  remaining  upon  the  records  of  the  said  Province  of  New  York  may 
more  fully  and  at  large  appear.     And   whereas  his  said  Majesty  by 


612  Copies  of  Documents  Relating  to  the 

other  Letters  patents  under  the  Great  Seal  of  the  Province  of  New 
Jersey  did  comissionate,  authorize  and  appoint  the  said  John  Johnson 
and  George  Willocks  comissioners  for  the  Eastern  Division  of  the  said 
Province  of  New  Jersey  Joseph  Kirkbride  and  John  Reading  comis- 
sioners for  the  Western  Division  of  New  Jersey  and  James  Alexander 
Surveyor  General  of  both  Divisions  of  the  Province  of  New  Jersey 
aforesaid  in  conjunction  with  the  Comissioners  and  Surveyor  or  Sur- 
veyors appointed  or  to  be  appointed  upon  the  part  and  behalf  of  the 
said  Province  of  New  York  that  they  ye  said  comissioners  and  sur- 
veyors carefully  and  diligently  inspect  and  Survey  all  or  such  of  the 
streams  of  water  that  formes  the  said  River  of  Delaware  which  they 
the  said  comissioners  or  surveyor  or  surveyors  may  esteem  necessary 
to  be  inspected  or  surveyed  in  order  to  find  all  and  determine  which  of 
the  streams  of  water  is  the  Northermost  branch  of  the  said  River  and 
that  then  when  such  branch  is  so  Discovered  that  the  said  Surveyor  or 
Surveyors  carefully  according  to  the  best  of  their  knowledge  and  under- 
standing Discover  and  find  out  that  place  of  the  said  Northermost 
branch  of  Deleware  River  that  lyes  in  the  Lattitude  of  forty  one 
Degrees  and  forty  minutes  which  is  the  North  partition  point  of  New 
Jersey  aforesaid  and  the  point  as  well  of  the  Line  of  partition  or  Divi- 
sion between  the  Eastern  and  Western  Divisions  as  that  place  where 
the  line  of  Partition  or  Division  Between  New  York  and  New  Jersey 
terminates  and  for  the  better  perpetrating  and  preserving  the  knowledge 
of  the  said  North  partition  point  the  said  comissioners  and  surveyor  for 
the  Province  of  New  Jersey  are  required  by  the  said  Letters  patents 
to  take  notice  of  the  most  remarkable  and  conspicuous  places  near  to 
the  said  North  partition  point  whether  they  be  rocks,  hills,  gullies, 
ponds,  runs  or  streams  of  water  and  observe  on  what  courses  and  dis- 
tances such  remarkable  places  bears  from  the  said  North  partition  point 
all  which  the  said  comissioners  and  Surveyor  are  further  required  as 
aforesaid  Distinctly  to  Certify  under  their  hands  and  seals  unto  the 
Guvernor  or  Commander  in  Chief  of  the  Province  of  New  Jersey  afore- 
said to  be  filed  and  recorded  in  the  Secretarys  office  thereof  All  which 
by  the  said  last  recited  Letters  patents  bearing  date  the  Last  day  of 
March  in  the  fifth  year  of  his  said  Majestys  Reign  in  the  year  of  our 
Lord  One  thousand  seven  hundred  and  nineteen  and  remaining  upon 
the  publick  records  of  the  said  Province  of  New  Jersey  may  fully  and 
at  large  appear.  Now  this  Indenture  Wittnesseth  that  the  said  comis- 
sioners and  surveyors  as  well  upon  the  part  and  behalf  of  the  Province 
of  New  York  as  upon  the  part  and  behalf  of  the  Province  of  New 
Jersey  in  pursuance  of  the  trust  reposed  in  them  by  the  several  and 
above  recited  Letters  patents  under  the  Great  Seals  of  the  respective 
Provinces  of  New  York  and  New  Jersey  having  carefully  and  diligently 


Boundaries  of  the  State  of  New  York.  613 

inspected  and  informed  themselves  which  of  the  several  and  respective 
branches  of  said  River  of  Delawere  is  the  Northermost  Branch  thereof 
Do  find  and  therefore  by  these  presents  Do  certifie  and  declare  that 
that  stream  or  river  which  is  commonly  called  or  known  by  the  name 
of  the  Fishkill  is  the  Northermost  branch  of  the  said  River  Delaware 
and  further  that  they  the  said  comissioners  and  surveyors  according  to 
the  best. of  their  knowledge  and  information  Do  Esteem  and  believe  the 
said  Fishkill  to  be  the  biggest  and  deepest  stream  that  forms  the  said 
River  Delaware.  And  Whereas  the  said  Allan  Jarrot  and  James 
Alexander  having  taken  repeated  observations  as  well  nigh  adjoining  to 
the  said  Fishkill  or  the  Northermost  branch  of  Delaware  River  as  in 
sundry  other  places  in  order  to  discover  that  place  of  said  Northermost 
branch  that  lies  in  the  Lattitude  of  forty  one  Degrees  and  forty  minutes 
and  that  they  the  said  surveyors  according  to  the  best  of  their  skill  and 
understanding  having  discovered  the  same  to  be  upon  that  place  of  the 
said  Fishkill  or  Northermost  branch  of  Delaware  after  mentioned 
Therefore  they  the  said  comissioners  and  surveyors  Do  certifie  by 
these  presents  to  all  whom  it  may  concern  That  the  said  North  par- 
tition or  Division  point  upon  the  Northermost  branch  of  the  River 
Delaware  between  the  Provinces  of  New  York  and  New  Jersey  (which 
likewise  is  the  North  partition  point  between  the  Eastern  and  Western 
Divisions  of  New  Jersey)  the  Lattitude  of  forty  one  Degrees  and  forty 
minutes  upon  the  East  side  of  the  said  Fishkill  branch  is  upon  the  Low 
Land  in  the  Indian  Town  called  Cashieglitonk  which  Indian  Town  is 
distant  from  Thomas  Swartwoots  house  at  a  place  known  by  the  name 
of  Pinpeck  near  to  Muchackemack  River  twenty  nine  miles  and  a 
quarter  upon  a  straight  course  North  fourty  four  degrees  twenty 
minutes  West  by  the  Magnetical  position  or  a  course  North  fifty  two 
Degrees  twenty  minutes  West  by  the  true  position  from  John  Dickers 
House  at  the  place  called  Tetendale  by  said  Machackemack  River  about 
twenty  nine  miles  and  three  quarters  upon  a  course  North  thirty  five 
Degrees  West  by  the  Magnetical  position  or  upon  a  course  North  forty 
three  Degrees  West  by  the  true  position  and  upon  the  several  courses 
by  the  Indian  path  from  said  John  Dicker's  about  thirty  five  miles  and 
a  half  which  point  of  intersection  of  the  Lattitude  of  fourty  one  Degrees 
and  fourty  minutes  upon  the  said  Fishkill  or  Northermost  branch  of  the 
River  Delaware  is  distant  thirty  eight  chains  (Reckoning  four  perches 
to  a  chain)  from  the  mouth  of  a  brook  known  by  the  Indian  name  of 
Lamachanock  and  at  all  times  comeing  to  be  called  or  known  by  the 
name  of  Stalion  brook  (which  fall  from  the  hills  at  the  entring  in  of 
the  Indian  falls  to  the  said  town  Cashieghtonk)  upon  a  course  nearly 
North  five  Degrees  fourty  five  minutes  West  by  the  Magnetical  position 
and  upon  a  course  North  thirteen  Degrees  forty  five  minutes  West  by 


614  Copies  of  Documents  Relating  to  the 

the  true  position  which  point  of  intersection  is  Niuety  nine  chains  and 
a  half  reckoning  four  perches  to  a  chain  from  a  large  stone  or  rock  the 
greater  length  of  its  Superficies  being  about  eleven  foot  and  three  inches 
and  its  broader  part  about  seven  foot  three  inches  lying  partly  in  and 
partly  out  of  the  water  upon  the  bank  of  the  said  branch  called  Fishkill 
upon  a  course  South  ten  degrees  forty  five  minutes  East  by  the  true 
position  which  stone  is  marked  with  the  letter  Wl  and  one  hundred 
and  thirty  seven  chains  distant  from  the  mouth  of  the  said  brook  upon 
a  course  north  seventy  eight  degrees  forty  minutes  East  by  the  true 
position  att  which  stone  or  rock  the  Low  Land  ends  and  the  hills  come 
close  to  the  said  branch  or  river  Fishkill  the  courses  and  situation  of  the 
said  brook  and  of  the  said  River  and  hills  from  the  said  brook  to 
the  stone  aforesaid  will  before  appear  by  the  draught  to  these  presents 
annexed. 

In  Testimony  whereof  the  said  parties  to  these  Indentures  have  put  their 

hands  and  seals  the  day  and  year  first  above  mentioned  R.  Walter  (i*\ 

John  Johnston  <^»y  Joseph  Kirkbride  ^si-  Isaac  Hicks  Hay  Geo  Wil- 

locks  <^s\-  Jno  Reading  <ls).  Allane  Jarratt  -n-si.  Ja  Alexander  i^ay 

In  behalf  of  Eastern  &  Western  Divisions  of  New  Jersey. 

Sealed  and  delivered  in  the  presence  of 

JAMES  STEEL 
JOHN  HARRISON 

Province  of  ) 

New  Jersey  f  Men?  that  on  the  tenth  day  of  Aug'  One  thousand  seven 
hundred  and  nineteen  John  Harrison  of  Perth  Amboy  in  the  said  Pro- 
vince Esq  came  before  me  John  Parker  Esq  one  of  his  Majesties  Councill 
in  the  said  Province  and  did  make  oath  upon  the  Holy  Evangelist  of 
Allmighty  God  that  he  saw  Robert  Walters,  Isaac  Hicks,  John  John- 
ston, Geo  Willocks,  Joseph  Kirkbride,  John  Reading  Allan  Jarrot  and 
James  Alexander  Esq™  Severally  Execute  and  Deliver  the  within  written 
Instrument  as  their  respective  act  and  deed 

JOHN  PARKER. 

Province  of  New  York  \ 

Memorandum  that  on  the  tenth  day  of  August 
One  thousand  seven  hundred  and  nineteen  John  Harrison  of  Perth 
Amboy  in  the  Province  of  New  Jersey  Esq  came  before  the  Hon!!!.1 
Lewis  Morris  Esq  Chief  Justice  of  the  said  Province  of  New  York  and 
made  oath  upon  the  Holy  Evangelist  of  Almighty  God  that  he  saw 
Robert  Walters,  Isaac  Hicks,  John  Johnston,  George  Willocks,  Joseph 


Boundaries  of  the  State  of  New  York.  615 

Kirkbride,  John  Reading,  Allan    Jarrot  and  James   Alexander  Esq!! 

Severally  Execute  and  Deliver  the  within  written  Instrument  as  their 

respective  act  and  deed. 

Coram 

LEWIS  MORRIS. 


STATE  OF  NEW  JERSEY,  1 

Department  of  State,  j 

I,  Henry  C.  Kelsey,  Secretary  of  State  of  the  State  of  New  Jersey, 
do  hereby  certify  that  the  foregoing  is  a  true  copy  of  an  indenture 
tripartite,  dated  July  25,  1719,  between  Robert  Walters  and  als.  of  the 
province  of  New  York  and  John  Johnson  and  als.  of  the  province  of 
New  Jersey,  etc.,  as  the  same  is  taken  from  and  compared  with  the 
original  record  (Recorded  in  Liber  D2  page  280,  etc.)  now  remaining  in 
my  office.1 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
(l.  s.)  affixed  my  official  seal,  at  Trenton,  this  2d  day  of 

August  A.  D.  1881. 

HENRY  C.  KELSEY, 

Secretary  of  State. 


[In  N.  Y.  Council.] 

August  20,  1719. 

*  *  *  * 

The  Petion  of  Stephen  Delancey  Lancaster  Symes  and  Henry  Wileman 
for  themselves  and  others  Seting  forth  that  in  the  Year  1704  they 
Obtained  a  Grant  of  a  Certain  tract  of  Land  called  Minisinck.  That 
the  Proprietors  of  the  Jerseys  having  heard  of  the  Said  Grant,  did  soon 
after  give  out  that  all  the  Low  Lands  did  belong  to  them  as  being  the 
Province  of  New  Jersey  w0!1  pretence  did  render  the  Said  Grant  wholy 
useless  to  the  Pet™  Therefore  pray  that  if  the  said  Low  Lands  are  taken 
from  them,  there  may  Be  granted  them  preferrable  to  any  other  Persons 
Such  Pieces  and  tracts  of  Land  as  may  be  found  out  in  the  Gift  of  the 
Crown  as  being  in  Equity  Intituled  to  such. 

Ordered  that  the  said  Petition  lye  on  the  Table  till  such  time  as  the 
Commissioners  and  Surveyors  make  Return. 

*  *  *  * 
— \N.  Y.  Council  Minutes  (MS.),  xii,  13. 

1  No  copy  of  the  foregoing  "  Indenture  "  has  been  found  in  the  office  of  the  N.  Y. 
Secretary  of  State.— [P. 


616 


Copies  of  Documents  Relating  to  the 


[Account.] 

New  York,  18th  September,  1719. 
Account  of   wages  and   disbursements  on  Runing  the  Devision  Line 
between  the  Province  of  New  york  and  New  Jersey  as  followeth  — 

Captain  Robert  Walters  from  21th  June  to  17th  August  at 

£1.10  pr  diem £84.     0. 

Coll  Hicks  from  21th  June  to  17th  August  at  £1.10  pr  diem,       84.     0. 

Allane  Jarratt  from  21th  June  to  17th  August  as  surveyor 

at  £1.10    d 84.     0. 

To  8  lb  of   Chocolat 0.  16.  — 

Nutmegs,  peper,  &c 0.     7.  — 

7  Caggs 0.   16. 

24  ib  of  Rice 0.     7. 

3.  bb1  for  Bacon  3  Gall"  of  Lyme  Joyce 1.     2. 

2.  Kettles 1.     6. 

•J  O  Sugar  and  5  ib  Tobacco 1.     8. 

1.  ax  and  some  wooden  bowles 11. 

1.  Lanthorn  and  a  smal  box 6. 

6  ft)  of  Green  wax  candles  Grater  and  a  lock ...       .     9. 

Ingerbread  and  2  doz  of  pipes 7. 

12.  Loafs  of  bread  8  bushels  of  bran  &  bisquet,       .   16. 

3.  Caggs  C  1  empty  barr1 13. 

To  Girths  Buckles  at  Esopus 7. 

To  waggin  Hire  from  Mahacamak 1 .     2. 

pd  M'  Hardenbrook  &  bran  for  Horse :         8. 

pd  Van  Waggener  for  passage  &C : —     6. 

:—     3. 


pd  cartage  provisions  a  york 


£11.  15.  9 


260  ft>  Bacon  at  6d  pr  pd 

33.  netts  Tongues 

2  Walletts  and  bringing  down  the  Bacon 

powder  and  shott 

pd  for  peas 

pd  Maj?  Harrison  and  his  guide 7.  — : 

3.  pT  of  Hopples  and  pasturage  &  storrage 15. 

Expenses  for  shoing  of  horses  and  an  Ax .13. 


10. 
19. 
15. 

9. 

2. 


18.     3.  6 


June 
ditto 


22d 
23d 


Expenses  at  New  York : —  15.     6 

pf  at  Esopus  expenses  at  the  water 

side : —  14.  — 

pd  for   a   pewter    pott   for   the   plu- 

mett  of  the  Instrument : —     4.     9 


Boundaries  of  the  State  of  New  York.  617 

ditto     23d  pd  at  New  York  for  the  box  to  put 

the  Instrum*  in :£ —  7.     6 

pd  for  a  bushell  of  peas —     5.     6 

pd  at   Esopus   for   Expenses   during 

stay  there 3.   15.     6 

pd  Coll  Hicks :—     4.     6 

pd  Col  Hamilton  for  passage  up  to ") 
New  York  and  waggon  Hire  to  )■ 
Esopus  and  Mahacamack j     5.  10.  — 

pd  at  Esopus  expenses  at  Return  from 

Mahaca" : —  12.  — 

pd  at  Mad™  Corbetts  to  John  Chap-  ") 
man  for  to  assist  in  runing  the  )■ 
Line J     3.  — :  — 

pd  boat  Hire  up  and  down  to  Mad" 

Corbetts : —  16.  — 

pd  for  passage  down  to  Esopus  pas- 
turage for  Horse 1.     3.  — 

shoing  of  Horse :     6.  — 

17.  14.  3 

Alexand  Magginn  for  7  weeks  serv- 
ice at  £3  p  mo 5.   12.     0 

James  Cromwell  two  months  at  3(10,  7.     0.  — 

John  Deckers 3.     0.  — 

26|  gall*  of  Rum  at  5|  p  gall 6.  12.     6 

Thomas  Brasier 3.     0.     0 

To  pd  for  earring  the  Instrument  up 

to  the  station 2.     0.     0 

To  Mr.  Swartwoods f   2.     0.     0 

To  3  Hammocks 4.  19.     9 

To  3  Horses  50  days  at  2|  p  diem    . .    15.     0.     0 

To  3  Duffell  Coats 3.16.     6       53.     0.9 


£352.   14.  3 


Errors  excepted 
R.  Walter 
Isaac  Hicks 
Allans  Jarratt 

-[JV:  Y,  Col.  MSS.,  lxi,  185. 


618  Copies  of  Documents  Relating  to  the 

[Petition.] 

September  24,  1719. 

To  The  Honble  Peter  Schuyler  Esqr  President  &  the  other  Gentlemen 
of  the  Councell  of  the  Province  of  New  York. 

The  Humble  Petition  of  Allane  Jarratte 
Humbly  Sheweth 

That  whereas  your  petitioner  having  been  appointed  by 
his  Excell  Robt  Hunter  Esqr  by  letters  patents  under  the  Great  Seal  Sur- 
veyor for  the  province  of  New  York  and  thereby  commissionated  with  full 
power  and  authority  in  conjunction  with  the  Surveyor  of  the  provinces  of 
New  Jerseys,  carefully  and  diligently  according  to  the  best  of  their  skill 
and  understanding,  discover  and  finde  out  that  place  upon  the  Nothermost 
Branch  of  Delaware  River  that  lies  in  the  Latitude  of  forty  one  degrees 
and  forty  minutes  and  that  to  be  the  North  partition  point  of  the 
province  of  New  York  and  New  Jersey;  and  also  carefully  according  to 
the  best  of  their  skill  and  understanding  discover  and  finde  out  as  near 
as  may  be  that  place  on  the  west  side  of  Hudsons  River  that  lies  in  the 
Latitude  of  forty  one  degrees  which  shall  be  the  furthest  place  of  the 
province  of  New  Jersey  bounded  by  Hudsons  River;  and  then  in  Con- 
junction with  the  Commissioners  of  both  provinces  to  Run  a  direct 
Line  from  those  two  Stations  (when  determined)  to  be  the  partition  Line 
between  the  two  provinces. 

Now  your  petitioner  pursuant  to  the  Great  Trust  reposed  in  him 
in  behalfe  of  the  province  of  New  York  by  the  said  Commission,  has  in 
conjunction  with  Commissioners  of  both  provinces  and  the  Surveyor 
General  of  the  New  Jerseys  proceeded  from  New  York  to  Mahacka- 
mack,  and  from  thence  in  conjunction  with  the  Surveyor  General  of  the 
Jerseys  up  the  Ffysh  Kill  to  the  Latitude  of  forty  one  degrees  forty 
minutes  observed  in  July  last  by  a  Brass  Quadrant  of  about  twenty  two 
Inches  or  thereabouts  Radius,  and  the  Latitude  last  mentioned  determ- 
ined and  adjusted  in  this  manner  after  four  Repeated  Observations 
w*  the  plumet  at  each  end  of  the  Quadrant  found  them  not  to  differ 
from  each  other  above  half  a  minute  or  thereabouts  the  differrence  being 
so  smal  the  Latitude  was  adjusted  by  a  mean  between  the  differ rences 
of  the  said  observations  as  also  allowing  the  obliquity  of  the  Ecliptick 
to  be  be  a  mean  between  23°  30'  &  23°  29'  as  may  more  fully  appear  by 
a  Journal  ready  to  be  pduced  and  a  Triparty  Indenture  executed  by  the 
Several  persons  concerned,  for  confirming  the  same. 

From  thence  your  petitioner  in  Conjunction  with  the  Surveyor  Gen1  of 
the  provinces  of  New  Jerseys  proceeded  to  Madam  Corbetts  as  they 
adjudged  that  place  to  be  nigh  the  Station  on  Hudsons  River,  made 
Sundry  observations  the  Last  month  in  order  to  determine  and  adjust 
the  Latitude  of  forty  one  degrees  with  the  aforesaid  Quadrant  more 


Boundaries  of  the  State  of  New  York.  619 

carefully  and  diligently  (having  the  advantage  of  a  good  sun  and  clear 
weather)  then  the  former  they  had  up  at  the  other  Station;  the  First  of 
which  observations  with  the  plumet  at  the  End  of  the  Quadrant  (as  it 
was  in  all  the  observations  at  the  former  Station)  made  this  Station  to 
fall  near  two  minutes  to  the  Northward  of  the  place  of  observation  or 
near  Taphan  Creek  the  Last  of  which  Observations  with  the  plumet 
about  the  midle  or  two  thirds  of  the  Quadrant  made  the  station  fall 
between  two  or  three  minutes  to  the  Southward  of  the  place  of  observa- 
tion or  near  oposite  to  the  Jonkers  mills  as  has  formerly  been  Reputed 
to  be  near  the  Station. 

Your  petitioner  Conceiving  a  great  difficulty  to  decide  the  true  Lati- 
tude of  forty  one  degrees  in  so  wide  differences  of  observations  by  so 
smal  an  Instrument  upon  the  same  place,  and  not  daring  to  relye  on  his 
own  Judgment  in  so  weighty  an  affair  that  so  heighly  concerns  the  care 
of  this  province  for  Taphan  and  sundry  other  Gentlemens  Estates 
bordering  on  the  above  mentioned  partition  or  devision  Line,  requiring 
a  larger  Instrument  and  the  most  Exquisite  Exactness  and  niceness  to 
determine,  and  also  to  vindicate  himself  from  all  future  Reproaches  & 
aspersions  of  being  bribed  or  byast  therein  ;  could  have  no  other 
Recourse  then  Lying  this  matter  before  the  wisdom  of  this  province, 
and  at  this  time  being  prest  upon  by  the  Commissioners  for  discharging 
and  Executing  this  Great  trust  reposed  in  him,  and  having  given 
Security  for  the  performance  of  the  Same,  and  making  matter  of  con- 
science how  to  come  at  the  Exact  truth  by  such  an  Instrument  that 
discovers  such  a  differrence  in  these  observations,  Humbly  prays  that 
this  Honourable  Board  would  take  it  into  Consideration  and  give  your 
petitioner  such  Instructions  to  direct  his  Judgment  in  this  affair  as  may 
seem  most  proper  to  your  Great  wisdom 

And  your  petitioner  as  in  Duty  bound  shall  ever  pray  &c 

A-LLANE   JaBRATTE 

[Endorsed:]  Sept  24th  1*719  Read  &  referred  to  any  five  or  more 
of  the  Gent  of  the  Councill 

Ja  Alexander  D  CI  Con 

— [N.  T.  Col.  MSS.,  lxi,  187;  N.J.  East  Proprietors  (in  N.  Y.  State 
Library),  p.  13. 


[In  N.  Y.  Council.] 

September  24,  1719. 
May  it  Please  y*  Honour 

In  obedience  of  your  Honours  order  in  Councill  of  this  Day,  Refer- 
ring to  us  the  annexed  Petition  of  Allane  Jarratt,  we  have  in  the 
Presence  of  Mr  Alexand   Survey  Generall  of  the   Province   of   New 


620  Copies  of  Documents  Relating  to  the 

Jerzy  &  D°  Johnston,  one  of  the  Oomiss™  for  the  said  Province  fully 
Examined  the  Petitioner  upon  the  Several  Particulars  sett  forth  in  his 
said  Petition,  and  before  we  Proceed  to  Declare  our  opinion  thereon,  we 
take  Leave  to  Report  that  the  matters  of  fact  appeared  to  us  in  the 
following  manner,  to  witt 

That  By  a  fair  Journall  Produced  to  us  by  the  Petitioner  of  all  the 
severall  observations  taken  at  the  Fish  Kile  &  at  Mad™  Corbets, 
The  observations  taken  near  the  midle  of  the  Quadrant  made  use  of  in 
that  Service  Differed  from  those  taken  at  the  Ends  upwards  of  4 
minutes. 

That  this  Discovery  was  not  made  untill  they  Observed  at  Mad?  Cor- 
bets, and  that  the  Petitioner  thereupon  Imediately  Declared  to  the 
said  Mr  Alexander  in  the  Presence  of  Severall  people  then  on  the  Spott, 
he  could  nither  Rectify  the  wide  Errors  of  the  Instrument  nor  take 
upon  him  to  fix  the  Station  by  it,  the  Same  Varying  so  much  in  itself. 

That  notwithstanding  the  Methods  proposed  By  Mr  Alexander  for  Cor- 
recting the  Said  Errours,  the  Petitioner  Declared  he  could  not  adventure 
to  Settle  a  Lattitude  that  could  be  Depended  upon  by  that  Quadrant 

That  he  being  by  Repeated  Questions  put  to  him  in  all  the  Various 
ways  we  then  could  think  of  askt  Whether  he  could  not  find  means  to 
Proceed  with  that  Instrument  for  fexing  an  Exact  Lattitude,  he  Stile 
Declared  that  he  could  not  take  upon  him  to  Doe  it  by  this  Instrument 
for  the  Reasins  above  mentioned.  But  that  in  Case  one  of  five  or  Six 
foot  Radius  could  be  procured,  Certified  By  able  &  skilful  Matthe- 
maticant  from  Great  Brettaine  to  be  true  and  coreet,  he  would  then  be 
ready  to  assertaine  the  Station  according  to  his  best  skill  and  that  the 
Observations  whereby  the  Latitude  was  settled  upon  the  fish  Kill  ware 
taken  at  the  Ends  of  the  Quadrant  and  the  Errors  &  Defects  thereof 
not  being  Discovered  at  that  Time  he  affirmed  that  the  said  North  Par- 
tition Station  upon  the  Fish  Kill  is  wrong  &  Erroneous,  Notwith- 
standing the  Tripartite  Indenture  Mentioned  in  the  said  Petition  to  be 
Executed  there  upon  that  Occasion. 

Vpon  the  Whole  Matter,  as  the  Petition1-  was  made  Choice  of  for  this 
Services  as  the  best  and  ablest  Mathematician  of  this  Province,  and  he 
having  not  only  by  the  Declaration  in  his  Petition  but  by  his  Repeated 
Assurances  before  us  of  the  Defect  of  the  Instrument  and  alsoe  his 
Declaring  the  Methods  Proposed  by  Mr  Alexander  for  Correcting  them 
ware  not  satisfactory  to  him,  and  the  Matter  being  of  Such  Importance 
that  it  Requires  not  only  the  best  of  Instruments  but  the  nicest  Skill 
and  Exactness  to  Settle,  Wee  Cannot  advise  your  Honour  to  order  the 
said  Surveyor  to  Proceed  &  fix  the  said  Latitude  By  this  Instrument, 
but  Rather  that  he  should  be  Directed  to  Sett  forth  and  Certifie  By 
Some  Instrument  under  his  hand  and  Seale  that  the  Station  Pretended 


Boundaries  of  the  State  of  New  York.  621 

to  be  first  at  the  fish  Kill  is  wrong  and  Erroneous  to  the  Ende  that  this 
Province  may  not  at  any  time  hereafter  Receive  any  Prejudice  By  the 
aforesaid  Tripartite  Indenture  Executed  there  by  the  Surveyors  & 
Commissioners  on  both  Sides  before  the  Defects  &  Errors  of  the 
Quadrant  by  which  that  Station  was  fixt  and  Settled  were  Detected, 
and  that  all  farther  Proceedings  Ought  to  be  Staid  untill  a  Correct 
Large  Instrument  be  Procured  for  Settling  the  said  Stations,  all  which 
is  never  the  Less  Humbly  submitted  Dy 

Your  Honours  Most  Obedt  Serv" 
New  York  Sep'  A  D  Peyster 

the  24d  1719  Gerard  Beekman 

Rip  Van  Dam 
John  Barberie 
Ad.  Philipse 
— [K  Y  Col  MSS.,  lxi,  1 89. 


[Petttio*..] 

September  24,  1719. 

To  the  HonbU  Peter  Schuyler  Esqr  President  and  the  rest  of  His  Majes- 
ties HonWe  Councill  for  the  province  of  New  York. 

The  Humble  Petition  of   Severall   the   Inhabitants  of  the 
province  of  New  York  for  themselves  and  others,  owners 
and  proprietors  of  Lands  Bordering  upon  the  Partition  Lines 
between  the  provinces  of  New  York  and  New  Jersey 
Sheweth 

That  the  assembly  of  this  province  haveing  appropriated  The 
Sum  of  £300  for  Defraying  their  parte  of  the  charge  and  Expence  in 
ascertaining  and  running  the  Pertition  Line,  Limit  and  Boundry,  betwixt 
this  province  and  The  province  of  New  Jersey  The  Petition™  had  reason 
to  hope  so  great  a  work  would  have  been  carryed  on  and  accomplisht 
with  such  Reciprocall  Justice  and  Equality,  that  neither  side  would 
have  reason  to  Complain.  But  having  Grounds  to  apprehend  that  a  due 
and  Equall  regard  has  not  been  had  either  for  the  Bennefitt  of  this  His 
majesties  Province  in  Gennerall  or  for  us  and  others  his  Leige  Subjects 
that  have  an  Imediate  Interest  on  the  borders  of  that  Line,  They  begg 
Leave  to  Lay  before  yor  Hon™  a  state  of  That  Case,  and  The  Reasons  of 
Their  Just  apprehentions,  Reserveingto  themselves  the  Liberty  of  adding 
what  shall  forther  occur  to  their  Knowledge,  and  of  amending  and 
explaining  what  is  herein  sett  forth,  which  they  most  Humbly  offer  In 
the  Following  manner  (viz") 

That  by  the  Duke  of  York's  Grant  to  the  Proprieters  of  the  Jerseys, 
They  were  bounded  in  the  Latitude  of  41d  &  40  minutes  on  the  norther- 


622  Copies  of  Documents  Relating  to  the 

moust  Branch  of  Delleware  River  and  on  Hudsons  River  in  the  Latti- 
tude  of  41  Degrees  and  as  this  Grant  was  made  In  the  year  1680  They 
Conceive  the  Tables  Then  in  use  ought  still  to  be  the  rule  in  Settling 
those  Lattitudes  By  which  Tables  (as  they  are  credibly  Informed)  The 
oblicquity  of  the  Ecliptick  was  universally  allowed  to  be  23  degrees 
and  30  minutes.  That  by  a  Draught  of  Geo:  Keith  then  Surv?  of  the 
Jerseys  (ready  to  be  produced)  he  Lays  Downe  the  aforemenconed 
northermost  Branch  of  the  Delaware  River  about  25  miles  to  the  west- 
ward of  the  Fishkille.  That  in  the  year  1686  the  Survey"  of  New  York 
and  the  Jerseys  by  consent  of  the  Respective  Governours  ascertained 
the  Lattitude  of  41  degrees  on  Hudsons  River  to  be  due  west  from 
Frederick  Phillips  Lower  mills.  That  Coll.  Andrew  Hamilton  Gov'  of 
the  Jerseys  afterwards  did  owne  the  said  Lattitude  of  41  degrees  on 
Hudsons  River  conformable  to  a  Mapp  made  by  the  Survey"  to  be  due 
west  from  the  said  mills  as  by  a  Writing  under  his  hand  dated  the  13th 
of  February  169f  and  ready  to  be  produced  may  appear  at  Large: 
That  those  Petitioners  who  held  Lands  to  the  northward  of  that  Line 
by  Virtue  of  grants  or  Pattents  from  the  Jerseys,  had  by  the  Justice 
and  Indulgence  of  this  GovT  New  Grants  for  the  same,  and  at  Easier 
Quitt  Rents  than  what  they  were  to  have  paid  to  the  proprieters,  and 
others  haveing  by  Lycence  of  the  Jerseys  Purchased  Lands  from  the 
Indians  and  Sueing  for  Pattents  Conformable  to  those  Purchased  were 
directed  to  take  pattents  from  New  York.  Those  Lands  Lying  to  the 
northward  of  the  Station  then  fixt  That  after  the  beforemenconed  act 
of  assembly  was  past  here,  an  act  of  the  Like  nature  was  made  in  the 
Jerseys  and  John  John  Johnston  and  George  Wollocks  Esq"  Were 
appointed  to  be  Commissioners  who  are  Known  to  be  Proprietors,  and 
to  have  taken  up  Large  Tracts  on  the  Borders  whilst  this  affair  was  In 
agitation. 

That  when  it  was  proposed  to  name  Commissioners  for  this  province, 
The  Gentlemen  of  the  Councill  (as  they  are  Informed)  Were  Generally 
of  oppinion  (except  those  Gentlemen  Who  are  Proprietors  of  the  Jersey) 
That  Wee  ought  to  follow  the  same  Rule,  (to  witt)  In  Like  Wise 
appointing  such  Persons  as  had  an  Imediate  Interest  In  Lands  border- 
ing on  the  line.  That  notwithstanding  (as  they  are  further  Informed) 
The  Govr  Comissionated  Robert  Walter  and  Isaac  Hicks  Esq"  and 
tho  we  have  a  due  Defference  to  the  Carracters  &  Reputation  of  those 
Gentlemen  ;  Wee  Concieve  they  were  not  duely  elected  Because  our 
act  of  asserabley  Directs,  That  they  should  be  appointed  by  the  Gov'  and 
Councill. 

That  the  Survey'  for  this  Province  Allane  Jarratt  (being  approved 
of  by  the  Councill)  was  obliged  to  Execute  a  Bond  for  £100  conditioned 
to  settle   the  Stations  and  Runn  the  Line  and  since  this  was  (as  they 


Boundaries  of  the  State  of  New  York.  623 

are  informed)  Demanded  at  the  motion  of  the  Jersey  gentlemen,  and 
that  neither  their  Survey1-  nor  any  of  the  Comissioners  had  the  Like 
required  of  them,  It  may  Reasonably  be  concluded,  This  was  Exacted 
with  a  View  of  Laying  him  undr  a  necessity  to  fix  the  Lattitude  Rather 
to  the  disadvantage  of  this  province  Than  subject  himselfe  to  the 
penalty  of  said  Bond.  That  the  Comission™  and  Survey™  of  boath 
provinces  setting  out  from  this  City,  Went  directly  to  Maghagkamek 
and  Manissings  Where  they  mett  some  other  Gentlemen  of  the  Jersyes 
and  without  seeking  for  the  Right  Branch,  or  Traceing  of  them  (and 
Indeed  almost  every  body  Lookt  upon  the  Season  Impropper  for  soe 
doeing)  They  Imediately  took  Observation  there,  just  as  If  they  were 
Resolved  to  ffix  the  Lattitude  on  the  Fish  Kill,  phapps  w'.11  a  View  to 
Secure  for  the  Jersyes  the  Low  Lands  at  the  two  Places  abovemenconed 
Which  could  scarcely  be  drawne  in  if  the  Propper  Branch  had  proved 
so  far  Westward  as  Keith's  Draugh  Lyes  it  Downe,  That  altho  such 
Soggy  Cloudy  and  rainy  weather  happened  at  that  Time  for  about 
25  Days  successively,  as  the  Like  at  that  season  was  not  Knowne  in  the 
memory  of  man  (Just  as  If  Heaven  frowned  on  the  Designes)  They 
ffixt  the  Lattitude  upon  the  ftish  Kille  near  a  small  creek  which  they 
Termed  Station  Brook,  notwithstanding  they  seem'd  Satisfyed  That  the 
said  Fishkille  is  the  maine  River  of  Dellaware  itselfe,  Which  Lattitude 
was  taken  at  the  Ende  of  the  small  Instrument  they  made  use 
of,  and  thd  an  Indenture  was  Executed  of  their  proceedings  there, 
They  have  been  so  just  therein  (as  we  are  Informed)  as  to  say 
That  their  Discovery  was  by  information,  That  Indeed  the  Com- 
missr.s  sent  Capt.  John  Harrison  a  Jersey  Gent  on  to  Look  what 
Branches  there  might  be  betwixt  the  Rivers  of  Delaware  and  Sus- 
kohamna,  Who  upon  his  return  Reported  there  were  none.  Th6  he 
was  heard  to  owne  that  he  mett  w^  one  so  Wide  and  Deep  that  he 
was  obliged  to  make  a  float  before  he  could  gett  over  itt  and  Wee  are 
creadibley  Inform'd  that  Severall  Christians  are  ready  to  depose  there  is 
one  or  more  Considerable  Branches  to  the  Westward  of  the  ffish  Kille; 
which  tis  possible  Cap'  Harrison  mist  by  reason  he  set  out  about  24 
miles  to  the  Southward  of  the  Lattitude.  That  after  the  said  Lattitude 
was  Fixt  on  the  Fishkill  in  the  mannor  before  menooned  The  Survey™ 
and  only  the  Jersey  Com™  Went  Mad™  Corbetts  and  made  Repeated 
Observ aeons  there.  But  in  so  doing  a  discovery  was  made  that  the  said 
Instrument  was  Erronious.  For  that  the  Lattitude  taken  at  the  middle 
Differed  above  four  miles  from  Those  taken  at  the  Ende  thereof  and 
Since  at  the  Fishkille  use  was  made  of  the  Ende,  its  Evident  beyond 
contradicc'on  that  the  Station  pretended  to  be  Fixt  there,  Is  Just  So 
Much  to  the  Northward  of  the  True  and  Real  Lattitude  as  the  above 
Menconed  Difference  amounts  to,  That  Complaintes  and  Demonstrates 


624  Copies  of  Documents  Relating  to  the 

of  Such  Weight  have  been  offered  at  home  against  the  act  of  assembly 
before  rnenSoned,  That  it  is  uncertaine  whether  the  same  will  he 
approved  or  disapproved  of  by  his  Majestie,  tho  the  same  was  past 
here  in  the  year  1717  and  it's  certain  that  in  Case  of  a  Disallowance, 
Every  thing  done  by  virtue  of  that  act  will  be  void,  But  tis  Impossi- 
ble to  foresee  what  confusion  and  mischiefs  might  Issue  if  this  affair 
should  be  Completed  and  the  said  act  Rejected  at  the  same  Time. 

That  the  ffixing  these  Stations  and  Running  the  Line  in  the  manner 
it  has  hitherto  been  Carryed  on,  not  only  the  Crowne,  but  Likewise 
many  of  yo?  Petition"  wil  be  in  Danger  of  being  Encroached  upon,  and 
thd  many  of  us  have  Spent  their  Labour  and  Substance  upon  their  Sev- 
erall  Improvements  for  30  or  40  years  past.  There  seems  but  Little 
reason  to  Expect  (in  such  case)  the  Like  Justice  and  Indulgence  would 
be  shewn  by  the  other  side,  as  Was  heretofore  extended  on  the  parte 
of  this  province  (as  is  hinted  above) 

For  These  and  Severall  Reasons  more  especially  for  the  Minutenes  of 
the  Instrument  (being  but  22  Inches  Diameter)  and  1st  Varying  so  con- 
siderable in  It's  Selfe  Yof  Petition"  offer  they  will  readily  be  at  halfe 
the  Charge  of  an  Instrument  to  be  sent  for  from  London  propper  and 
Large  enough  for  Settling  and  ffixing  the  True  and  exact  Station 
Points  Which  Instrument  being  first  Tryed  and  proved  by  able  and 
Skillful  artists  at  home  and  attested  by  them  to  be  True  and  Correct; 
and  the  Obliquity  of  the  Ecliptick  settled  as  it  Was  Uneversially 
Received  when  the  Grant  was  made  to  the  Proprietors  all  Partys  must 
then  be  Concluded  by  Such  Determination. 

Your  Petitioners  therefore  most  Humbley  Pray  that  the  Com'*  and 
Survey?  of  this  Province  may  Severally  Deliver  in  a  Journall  of  their 
proceedings  hitherto,  and  that  wee  may  be  favored  with  Coppyes 
thereof,  and  that  all  further  proceedings  may  be  Stayed,  untill  his 
Majesties  allowance  or  Disallowance  of  the  above  mentioned  act  of 
Assembly  is  first  signifyed  and  untill  such  an  Instrument  arrives  here  as 
is  above  Described 

And  Yor  Petitioners  as  in  Duty  Bound  shall  ever  pray  &c. 

[Signed  by  forty-seven  persons.] 

[Endorsed:]  Petition  of  several  of  the  Inhabitants  of  New  York 
relating  to  the  running  the  Jersey  Line. 

Sepr  24th  1719 

Read  &  referred  &  to  Gent  of  this  board  or  any  five  of  them. 

Ja:  Alexander  D  C  Coun. 
— [N.  Y.  Col.  MSS.,  Ixi,  191. 


WHXVXftSW.I 

Boundaries  of  the  State  of  New  Yonk.   />,•    62^_^\v*y 

[In  N.  Y.  Council.] 

September  24,  1719. 

*  *  *  * 

The  Petition  of  several  the  Inhabitants  of  the  Province  of  New  York 
for  themselves  and  others  owners  and  proprietors  of  Lands  Bordering 
upon  the  Partition  Line  between  the  Province  of  New  York  and  New 
Jersey  Being  Read 

Ordered  that  any  five  or  more  of  the  Gent,  of  this  Board  be  a  Com- 
mittee to  Consider  of  the  Said  Petition 

The  Petition  of  Allane  Jarratt  Being  Read 

Ordered  that  the  Same  Committee  to  whom  the  last  Petition  was 
Referred  do  Consider  of  the  Same 

*  *  *  * 

An  Ace*  given  in  by  Cap*  Walters,  Coll.  Hicks  and  Allane  Jarratt 
Com?  and  Surveyor  for  running  the  Division  line  between  the  Provinces 
of  New  York  and  New  Jersey  Was  Committed  to  the  Gent,  of  this 
Board  or  any  five  of  them. 

*  *  *  * 
— [N.  Y.  Council  Minutes  (MS.),  xii,  26. 


[In  N.  Y.  Council.] 

October  1,  1719. 
n  *  *  * 

The  Report  of  the  Committee  to  whom  was  referred  the  Petition  of 
Allane  Jarratt 
Being  Read 

Ordered  that  all  Concerned  who  desire  Copys  of  it  may  have  them 
and  that  they  make  their  Objections  if  any  in  three  weeks. 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  xii,  33. 


[Memorial  of  N.  J.  Proprietors.] 

[October  12,  1719.] 

To  the  Honourable  Lewis   Morris,  Esq ;   President  of  His   Majesty's 
Council  for  the  Province  of  New-Jersey,  in  Council. 

The  humble  Memorial  of  the  Proprietors  of  the  Eastern  and  Western 
Division  of  said  Province  of  New-Jersey. 

Most  Humbly  sets  forth, 

That  they  have  considered  the  Petitions  of  Jarrat  and  others,  to  the 
President  and  Council  of  New-  York,  and  are  very  much  surprised  to  fiid, 
40 


626  Copies  of  Documents  Relating  to  the 

that  the  Persons  now  concerned  in  that  Government,  should  put  a 
Stop  to  the  running  and  ascertaining  the  Line  of  Division  and 
Partition,  betwixt  that  and  this  Province,  upon  the  groundless, 
weak,  and  untrue  Suggestions  of  the  Petitioners,  and  the  visionary 
Whim  and  Cant  of  the  Surveyor  ;  after  the  same  had  been  directed  to 
be  done  by  the  Legislatures  of  both  Provinces,  and  Commissioners  had 
been  appointed  under  the  Great  Seal  of  each  of  them  for  that  Purpose; 
and  had  made  (at  a  very  great  Expence)  so  considerable  a  Progress. 

They  begin  with  setting  forth,  that  the  Duke's  Grant  being  made  in 
the  Year  1680,  the  Tables  then  in  use,  ought  to  be  the  Rule  of  settling 
the  Latitude  ;  and  that  by  those  Tables,  the  Obliquity  of  the  Ecliptick, 
was  universally  allowed  to  be  23  Degrees,  30  Minutes. 

1st,  If  that  Way  of  Reasoning  ue  conclusive,  they  should  have 
mentioned  the  Grant  in  the  Year  1 664,  (there  being  no  such  Grant  in 
the  Year  1680,  that  we  know  of,)  and  the  Tables  then  in  use  ;  for  if  the 
Latitude  mentioned  in  a  Grant  in  the  Year  1 664,  might  be  ascertained 
by  Tables  in  use  in  the  year  1680  ;  they  might  as  well  be  settled  by 
any  subsequent  Tables,  if  they  were  right.  The  Truth  of  Tables,  and 
not  the  Hypothesis  on  which  they  were  made,  or  the  Time  of  making 
them,  being  to  be  considered  in  a  Case  of  this  Nature :  When  that 
Grant  was  made  by  the  Duke,  it  was  upon  a  certain  Knowledge,  that 
there  was  a  Place  on  Hudson's  River,  in  the  Latitude  of  41°;  and  another 
on  Delaware,  in  the  Latitude  of  41°.  and  40'.  and  the  Province  of  ATew- 
Jersey,  was,  by  that  Grant,  intended  to  extend  so  far  North  as  these 
Latitudes  really  were  ;  and  the  best  and  most  proper  Means  for  the 
Discovery  of  them,  were  to  be  made  use  of,  without  Regard  to  this  or 
that  Table. 

Idly,  The  Authors  of  some  of  the  Tables  in  the  Year  1680,  might  be 
of  Opinion,  that  the  Obliquity  of  the  Ecliptick  was  23  and  30  ;  and  we 
suppose,  calculated  their  Tables  of  the  Sun's  Declination  accordingly  ; 
but  it  is  the  Tables  of  the  Sun's  Place  that  can  only  be  made  use  of  in 
this  Case  ;  And  these  Tables  have  no  Concern  with  the  Obliquity  of 
the  Ecliptick,  whether  made  by  those  Authors  or  any  else. 

Zdly,  That  the  Obliquity  of  the  Ecliptick,  was,  in  the  Year  1680, 
universally  allowed  to  be  23°,  30'.  is  a  Position,  that  (with  all  due 
Deference  to  the  Credit  and  Knowledge  of  the  Petitioners  Informers) 
we  think  is  not  true;  for  Mr.  Flamstead,  long  before,  found  it  to  be 
23  and  29;  and  about  the  Year  1680,  publish'd  his  Doctrine  of  the 
Sphere  ;  and  through  that  Book,  uses  23  and  29,  as  the  greatest  Obli- 
quity; and  so  it's  used  by  Sir  Isaac  Newton,  in  his  Theory  of  the 
Moon:  This  was  in  England,  by  two  as  good  Mathematicians  as  any  in 
Europe:  In  France,  Monsieur  JLe  Hire,  one  of  the  Royal  Academy  of 
Paris,  by   Observations  of  the   Sun    near  the   Zenith,  and  out  of  all 


Boundaries  of  the  State  of  New  York.  627 

Danger  of  Refractions  of  any  Consideration,  found  it  before  that  Time, 
to  be  23  and  29;  and,  about  that  Time  and  since,  it  has  been  generally 
allowed  to  be  so. 

4thly,  With  all  due  Deference,  as  before,  we  have  Reason  to  think, 
that  the  Tables  the  Petitioners  mention,  were  not  in  use  in  the  Year 
1680,  but  decryed;  and  that  the  Opinions  of  Flamstead,  JVeioton,  and 
the  most  celebrated  Mathematicians,  of  the  Obliquity  of  the  Ecliptick, 
being  23  and  29,  obtained  at  that  Time:  And  if  we  may  use  the  Method 
of  the  Petitioners,  to  speak  by  Information,  and  reserve  to  ourselves 
the  Liberty  of  altering  and  amending,  we  are  informed,  that  in  the 
Year  1682,  (at  the  End  of  which,  the  Duke's  Grant  of  Confirmation  to 
the  Proprietors  pass'd,)  the  Tables  then  in  use,  wei-e  calculated  accord- 
ing to  the  Obliquity  of  the  Ecliptick,  at  23  and  29  ;  and  then,  according 
to  what  themselves  have  advanc'd,  these  Tables  ought  to  be  the  Rule  of 
settling  the  Latitude. 

5thly,  Admitting  the  Obliquity  of  the  Ecliptick  to  be  23  and  30,  or 
what  greater  Number  of  Degrees  the  Petitioners  please;  the  Advan- 
tage or  Disadvantage  to  them,  would  not  arise  from  that  Obliquity, 
but  from  the  Time  of  the  Year  in  which  the  Observations  were 
made;  and  had  they  been  made  during  the  Time  of  the  Sun's 
Declination  to  the  Southern  Tropick,  the  Petitioners  would  have  com- 
plained; and  according  to  their  happy  Way  of  Reasoning,  inferred, 
that  it  was  intended,  by  the  Duke's  Grant,  that  the  Observations  should 
be  made  after  the  Sun  had  pass'd  the  vernal  Equinox;  and  before  its 
Return  to  the  Autumnal,  because  that  Grant  pass'd  the  14th  March, 
some  small  Time  after  the  Sun  had  pass'd  the  vernal  Equinox. 

Qthly.  The  Obliquity  of  the  Ecliptick,  Refraction  of  Rays  and  Things 
of  that  Kind,  were  proper  Subjects  of  Debate,  between  the  Commis- 
sioners and  Surveyors  of  each  Province,  (to  whom  the  Discovery 
of  the  Places  of  Latitude  were  intrusted)  in  order  to  use  such  Methods 
as  they  should  agree  to  be  most  just  and  effectual  for  the  obtaining  of 
that  End ;  and  accordingly,  such  Debates  were,  and  by  Agreement, 
between  them,  the  Obliquity  was  settled  to  be  a  Mean  between  23  and 
29,  and  23  and  30;  and  pursuant  to  that  Agreement,  the  Observations 
made,  and  the  Station  settled,  though  something  to  the  Disadvantage  of 
your  Honour's  Memorialists,  the  true  Obliquity  being  23  and  29,  which 
Jarrat  cannot  chuse  but  know ;  and  that  the  Consent  of  our  Surveyor, 
to  any  Addition  to  it,  was,  in  Compliance  with  Jarrafs  Capricios,  and 
to  promote  the  Settlement  and  Discovery  of  those  Latitudes,  and  the 
Line  of  Partition,  by  the  Legislature,  and  all  the  Impartial  of  both 
Provinces,  so  earnestly  desired,  and  not  from  any  Belief  or  Knowledge 
he  had,  that  such  an  Addition  was  just;  and  after  these  Matters  have 
been  discuss'd  and  agreed  upon,  and  the  Station  settled,  we  hope  it  will 

40 


628  Copies  of  Documents  Relating  to  the 

not  be  in  the  power  of  a  few  dissatisfied  Persons,  by  Clamour  and  Noise, 
without  Reason  or  common  Sense,  to  defeat  what  is  done  in  so  solemn 
a  Manner,  and  prevent  what  ought  to  be  done,  in  pursuance  of  their 
Oaths  and  Commissions. 

The  Petitioners  second  Reason  for  what  they  call  their  just  Appre- 
hensions, that  a  due  and  equal  Regard  has  not  been  had,  &c.  is,  that  by 
a  Draft  made  by  George  Kieth,  Surveyor  of  the  Jersies,  the  northermost 
Branch  of  Delaware  River  is  laid  twenty  five  Miles  to  the  Westward  of 
the  Fishkills. 

1st.  We  deny  that  by  any  Map  of  George  Kieth,  any  Branch  to  the 
Westward  of  the  Fishkill,  is  laid  down  as  the  northermost  Branch  of 
Delaware  River :  There  is  a  Map  made  by  Philip  Wells,  Surveyor  of 
Hew-  York,  which  is  called  George  KietKs,  that  lays  down  a  Branch  to 
tloe  Westward  of  the  Fishkill,  but  does  not  determine  whether  that  or 
the  Fishkill  is  the  northermost  Branch. 

2dly,  If  there  was  or  is  any  such  Map  made  by  George  Keith,  as  they 
say,  we  can't  see  what  can  be  inferr'd  from  thence,  other  than  that  the 
Maker  of  such  Map  was  made  believe,  there  was  such  a  Branch  ;  but 
will  no  more  prove  there  was  such  a  Branch  in  reality,  or  any  unfair 
Proceeding,  as  is  suggested,  than  a  Map  (of  which  there  are  several) 
that  lays  down  a  large  River,  running  from  Hudson's  River  into  Hack- 
visack  River,  making  that  Part  of  Jersey  that  borders  on  Hudson's 
River  an  Island,  will  prove,  that  there  is,  in  Reality,  any  such  River  or 
Island  as  there  laid  down ;  nor  will  either  of  these  Mistakes,  prove  any 
Unfairness  or  Partiality  of  Proceeding:  Had  there,  indeed,  been  such  a 
River,  as  is  said  to  be  laid  down  by  Kieth,  and  had  that  River  been  the 
Northermost  Branch  of  Delaware,  and  the  Commissioners  and  Survey- 
ors had  fix'd  the  Station  25  Miles  East  of  it,  there  had  been  just  Reason 
of  Complaint ;  but  to  infer  an  Unfairness  of  Proceedings,  because  a 
certain  Person  laid  down  a  River  in  a  Map,  (which  has  no  Being  in 
rerum  Natura)  is  such  a  Way  Of  Reasoning,  as  can  have  no  Weight 
with  any  Men  of  common  Sense,  not  very  much  predisposed  in  the 
Petitioners  Favour. 

Zdly,  We  beg  Leave  to  inform  your  Honour,  that  if  there  had  been 
any  such  River  as  is  suggested  to  be  laid  down  in  the  Map,  the  Pro- 
prietors of  the  Eastern  Division,  and  the  Commissioners  of  the  Jersey 
Side,  would  not  have  failed  to  have  found  it  out,  and  fix'd  the  Station 
upon  it,  it  being  very  much  their  Interest  to  have  it  so :  A  Station  so 
fix'd,  giving  to  the  Eastern  Division  of  Jersey,  above  300000  Acres  of 
Land,  which  is  worth  more  than  so  many  Pounds,  whereas  the  Low- 
Lands  supposed  to  be  acquired  by  the  Station  on  Fishkill ;  and  whick 
the  Petitioners,  by  their  low  and  vile  Reflections,  suggest  to  be  the 
Motive  of  (their  imaginary)  unfair  Dealing,  hardly  amounts  to  3000 


Boundaries  of  the  State  of  New  York.  629 

Acres,  and  that  not  worth  above  Sixty  Pounds  per  Hundred,  which 
shews  how  little  Ground  there  is,  for  the  unreasonable  Clamour  they  are 
incouraged  to  make  on  that  Head. 

That  in  the  Year  1686,  the  Latitude  of  41°,  on  Hudson's  River,  was 
ascertained  to  be  due  West  from  Frederick  Philipse's  Lower-Mills,  by 
the  Surveyors  of  New- York  and  the  Jersies,  by  the  Consent  of  the 
respective  Governors  of  both  those  Provinces,  is  a  very  great.  Mistake, 
in  fact,  no  such  Thing  being  to  be  found  extant,  of  Record,  in  either  of 
the  Provinces.  Indeed,  Philip  Wells,  Surveyor  of  the  Province  of  New- 
York,  and  one  Andrew  Robinson,  Surveyor  of  the  Province  of  West- 
Jersey,  which  was  then  a  distinct  Province  from  East-Jersey,  made 
some  Attempts  to  fix  the  Latitude  of  41°.  on  Hudson's  River,  and  made 
a  Report  that  they  had  so  done,  in  which  they  made  use  of  Keith's 
Name,  in  the  Body  of  the  Writing,  to  give  a  Colour  to  their  Proceed- 
ings, but  it  was  without  Keith's  Consent,  and  he  never  signed  it;  And 
the  Latitude  so  ascertained  by  them,  was  not,  as  the  Petitioners  say,  due 
West  of  the  Mills,  but  one  Minute  and  25  Seconds  to  the  Northward 
of  them.  How  far  Col.  Hamilton,  by  some  ungarded  Expressions  in 
any  Letter  of  his,  might  give  Occasion  to  wrest  them  to  a  Construction 
of  owning  a  Thing  that  never  was,  we  know  not,  but  have  no  Reason 
to  believe  it  on  the  Credit  of  the  Relators,  whose  many  Mistakes  in 
Matters  of  Fact,  gives  us  good  Reason  to  believe,  they  are  misinform'd 
in  this  ;  and  it  seems  very  odd,  that  the  Petitioners  for  so  considerable 
a  Fact  as  the  Agreements  of  Governors  of  Provinces,  concerning  the 
Settlement  of  Lines  of  Partition  between  them,  could  produce  no  bet- 
ter Proof,  than  an  accidental  Expression  in  a  Letter  wrote  Seven  Years 
afterwards.  Besides,  should  it  be  true,  that  Col.  Hamilton  did  own 
what  never  was,  we  can't  think  the  Proprietors  are  to  be  concluded  by 
his  mistaken  Sentiments,  having  had  no  Authority  from  them  to  make 
any  such  Acknowledgement ;  And  if  the  Expressions  of  a  Letter  can  be 
made  use  of,  to  conclude  the  Proprietors  in  an  Affair  of  that  Conse- 
sequence ;  will  not  Col.  Dungan's  taking  out  a  Patent  from  the  Pro- 
vince of  New- Jersey,  (at  the  Time  he  was  Governor  of  New-  York)  for 
the  Lands  he  held  in  Staten- Island,  with  an  equal  Parity  of  Reason, 
conclude  the  Crown  as  to  that  Island?  This  was  an  Owning  upon 
Record,  and  an  Owning  with  a  Witness. 

Though  we  think  that  neither  of  these  Ownings  will  conclude  the 
Crown,  or  the  Proprietors,  yet  we  beg  Leave  to  mention  one,  that  (as 
we  humbly  conceive)  in  Law  and  Justice,  ought  to  conclude  both  ;  and 
that  is,  the  solemn  Agreement  made  between  Col.  Thomas  Dongan, 
when  Governor  of  New-  York,  and  Gawen  Lawrie,  Esq ;  Governor  of 
East  New- Jersey,  in  the  Year  1684,  who  agreed  and  ascertained  the 
Latitude  of  41°,  on  Hudson's  River,  to  be  at  the  Mouth  of   Tappan 


630  Copies  of  Documents  Relating  to  the 

Creek,  in  the  Meadows  where  it  runs  into  Hudson's,  River :  This  was  an 
Agreement  not  to  be  charged  with  Partiality,  Craft,  or  Practice  ;  both 
the  Governors,  with  the  Council  of  each  Province,  or  the  greatest  Part  of 
them,  and  several  Gentlemen  of  Figure,  of  both  Provinces,  went  on  the 
Spot ;  the  most  eminent  Lawyers  of  both  Provinces,  attended  to  advise, 
in  case  any  Difficulty  should  arise  in  Construction  of  the  Words  of  the 
Duke's  Grant.  The  Surveyors  of  each  Province  were  there,  who  under- 
stood astronomical  Observations,  and  were  Men  skilful  in  their  Pro- 
fessions ;  there  were  others  of  both  Provinces,  very  able  in  mathematical 
Learning :  The  Observations  they  made  were  done  with  Instruments  of 
Six  Foot  Radius,  two  of  which  they  had  nicely  graduated ;  the  Observa- 
tions often  repeated  in  the  presence  of  both  the  Governors,  Councils, 
and  Persons  there  attending  ;  so  that  all  Pretence  and  colour  of  Fraud 
was  taken  away. 

The  Latitude  fix'd  with  the  nicest  Exactness  in  that  great  Presence, 
and  agreed  to  by  the  Persons  concern'd  and  is  extant  of  Record  in  this 
Province,  as  (we  suppose)  it  is  in  that;  this  is  an  Owning  we  conceive, 
to  be  conclusive,  and  we  humbly  hope  his  Majesty's  Goodness  and  Jus- 
tice, will  induce  him  to  confirm  what  was  done  in  so  publick  and  solemn 
a  Manner;  nothing  so  free  from  all  Objection  being  to  be  hoped  for 
from  a  second  Essay.  However,  we  are  not  without  some  Hopes,  the 
Justice  and  Prudence  of  the  Government  of  New-  York,  in  enforcing  a 
Compliance,  with  the  Directions  and  Intentions  of  the  Legislature,  will 
make  Applications  to  His  Majesty,  needless  on  this  Head,  and  prevent 
those  Measures,  we  shall  otherwise  be  under  the  Necessity  of  taking, 
and  which  the  Justice  of  our  Cause  will  warrant,  what  the  Petitioners 
say,  with  Respect  to  the  naming  of  Commissioners,  by  the  Governor  not 
duly  elected,  is  an  Arraignment  of  his  Conduct,  and  an  accusing  him  of 
Partiality  in  that  Affair;  but  with  how  much  Injustice,  may  appear  from 
the  Minutes  of  the  Council-Book;  by  which  it  is  plain,  they  were 
appointed  by  order  of  Council. 

This  is  another  Instance  what  Credit  ought  to  be  given  to  what  they 
represent,  and  shews  how  willing  and  ready  they  are  to  Sacrifice  the 
Reputation  of  a  Person,  who  has  deserved  a  much  better  Treatment. 
It  is  very  true,  that  John  Johnston  and  George  Willocks,.  are  Pro- 
prietors of  East- Jersey,  and  the  Province  of  New-  York,  could  not  be 
hurt  by  them,  it  being  much  more  their  Interest,  to  have  the  North 
Partition  Point  (as  is  before  hinted)  fix'd  where  the  Petitioners  have 
placed  their  imaginary  River,  than  any  of  the  Petitioners,  or  all  01 
them  put  together;  and  that  the  Commissioners  took  up  Land  on  the 
Borders  of  this  Province,  while  this  Matter  was  in  Agitation,  or  some 
Years  before,  is  a  Mistake;  and  the  Petitioners  have  been  very  much 
misinform'd,  as  they  have  been  in  all  the  following  Articles. 


Boundaries  of  the  State  of  New  York.  63 L 

That  there  was  any  Obligation  on  the  Surveyor  of  JVeio-  York,  to 
grant  the  Bond  mentioned,  is  another  Mistake,  for  the  same  was  his  own 
voluntary  Offer,  and  made  for  this  Reason :  A  little  Time  after  his 
being  appointed,  and  after  the  Commissioners  had  got  Warrants  to 
receive  £.120,  they  were  for  agreeing  with  him  for  Twenty  Shillings  per 
Day,  certain,  which  he  would  not  accept,  but  said  he  would  be  upon 
the  same  Footing  with  the  Commissioners,  to  have  the  Thh'd  of  the 
£.300,  appropriated  for  that  Purpose,  and  they  having  got  £.60  a  Piece 
already;  if  the  same  could  be  procured  to  him,  he  would  give  Security 
for  the  Performance  of  the  Work,  or  to  refund  the  Money  ;  and  in  Case 
of  his  Death  upon  the  Work,  his  Executors  to  retain  in  their  Hands,  so 
so  much  as  should  be  Satisfaction  for  the  Work  he  had  done ;  all  which 
was  but  reasonable,  and  not  for  Performance  of  the  Work  alone,  as  is 
set  forth  in  the  Petition. 

It  was  not  without  seeking  for  the  right  Branch,  that  the  Resolution 
was  taken  of  observing  upon  the  Fishkill,  as  the  Petitioners  set  forth, 
but  with  very  good  Reason;  for  before  that  Resolution,  the  Commis- 
sioners and  Surveyors  had  Information  from  many,  of  the  several 
Branches  of  Delaware,  many  of  whom  were  willing  to  take  their  Oaths, 
that  there  was  no  considerable  more  westerly  Branch  of  Delaware,  that 
went  near  so  far  North  as  the  Fishkill;  but  not  being  willing  to  trust 
to  that,  John  Harrison,  an  East-Jersey  Man,  and  a  considerable  Pro- 
prietor there,  and  no  Proprietor  of  West-Jersey,  (and  his  being  so,  was 
rather  the  best  Qualification  in  the  World,  for  him  to  find  a  Westerly 
Branch)  was  pitch 'd  upon,  and  agreed  with,  to  go  and  view  all  the 
Branches  betwixt  Delaware  and  Sushehanna  River. 

And  it  was  no  Loss  to  have  observed  upon  the  Fishkill ;  for  if  the 
Latitude  had  been  found  there,  and  a  more  Westerly  Branch  found, 
there  would  have  needed  no  more,  than  to  have  run  a  true  West  Line 
to  that  more  Westerly  Branch  :  It's  another  Mistake,  that  upon  Capt. 
Harrison's  Return,  his  Report  was,  that  there  was  no  Branch  to  the 
Westward  of  the  Fishkill;  for  in  his  Report,  he  gives  an  Account  of 
several,  with  each  of  their  Breadths ;  but  there  was  not  one  of  these 
above  30  Foot  wide,  whereas  the  Fishkill,  at  the  Station  Point,  (which, 
as  they  own,  is  above  24  Miles  further  North  than  the  Way  Capt. 
Harrison  went)  was  found,  by  measuring,  to  be  462  Foot  over,  and 
widens  much  below  that. 

As  to  any  Branch  that  could  be  betwixt  the  Place  that  Capt.  Harrison 
went  from,  and  the  Station  Point,  the  River  was  particullary  search'd 
by  the  Commissioners  themselves,  and  no  considerable  Branch  they 
found,  but  one  of  about  two  Chains  over  at  its  Mouth,  which  runs  to 
the  West  and  South,  and  which  even  Capt.  Harrison  cro  s'd  in  his  Way, 
he  being  assured  it  was  the  same,  from  the  Information,  both  of  Indians 


632  Copies  of  Documents  Relating  to  the 

that  he  met  with,  and  of  the  white  Man  that  was  his  Guide,  who  had 
gone  from  that  Place  where  he  cross'd  it,  down  in  Canoes,  to  the  Fish- 
kill  ;  and  besides,  it  is  not  likely  that  a  Branch  of  two  Chains  over,  should 
run  more  Northerly,  than  one  of  eight  Chains  over,  and  which  is  much 
deeper,  and  at  the  same  Time,  a  very  swift  Stream;  seeing  that  the 
Fishkills  Course  is  generally  North-westerly,  and  that  Branch  goes  out 
to  the  West,  and  turns  to  the  Southward. 

There  was  not  one  of  the  Jersey  Commissioners  at  Madam  Corbifa, 
during  the  Time  that  the  Surveyors  together,  took  any  Observation 
there ;  it's  true,  that  Mr.  Willocks  came,  according  to  his  Appointment 
with  the  other  Commissioners  :  After  Capt.  Jarrat  had  taken  Observa- 
tions enough,  and  was  gone  to  York,  and  was  present  at  some  Observa- 
tions made  by  Mr.  Alexander,  for  his  own  Diversion;  but  no  one 
Observation  was  taken  by  Capt.  Jarrat,  or  Mr.  Alexander,  after  Jarrafs 
return. 

Its  true,  there  was  a  Difference  of  four  Miles  in  some  of  the  Observa- 
tions at  Madam  CorbifB ;  but  from  thence  it  cannot  be  inferr'd  that 
the  Instrument  is  erroneous,  for  if  the  Object  Glass  of  the  Telescope  of 
the  Instrument  be  not  so  plac'd,  as  that  the  Axis  of  the  Glass  is  coinci- 
dent with  the  Rays  of  the  Sun  shining  thro'  the  Telescope,  there  will  be 
a  Variance,  which,  to  do  exactly,  is  beyond  the  Art  of  Man  to  do;  but 
what  ever  that  differs  from  the  Truth,  may  be  found  out  by  only  invert- 
ing the  Telescope,  and  the  Difference  between  that  and  the  former 
Observation  halved  and  added  to  the  least,  and  subtracted  from  the 
greatest,  gives  the  true  Observation,  which  every  one  that  is  tolerably 
versed  in  the  Knowledge  of  Glasses  knows  to  be  true,  and  this  Method 
was  followed  at  Mackhacamack  /  and  Capt.  Jarrat  acknowledges  this 
to  be  the  Reason  of  the  Variation,  but  can't  conceive  what's  so  noto- 
riously known  ;  and  James  Alexander,  does  positively  say,  that  he  has 
observed  with  all  the  Parts  of  that  Insti-ument,  and  that  the  Mean  of 
the  several  Observations  at  the  same  Place  of  the  Quadrant  with  the 
Telescope  both  Ways,  doth  not  differ  one  from  another  above  one 
Minute  and  a  Half :  What  they  say  is  evident  beyond  Contradiction,  is 
ridiculous  in  itself,  and  proves,  beyond  Contradiction,  that  the  Petition- 
ers know  nothing  of  the  Matter;  for  the  Difference  of  the  Observations 
between  the  Fishkill  and  Madam  CorbWs  no  more  prove  that  the  Par- 
tition Point  is  placed  four  Miles  to  the  Northward,  than  it  does,  that 
it's  four  Miles  to  the  Southward. 

We  presume  the  Petitioners  don't  know  the  Difference  between  Radius 
and  Diameter,  for  many  of  them  have  seen  it,  and  could  never  mistake 
so  far  as  to  call  Twenty-two  Inches  Radius  as  that  Instrument  is,  but 
Twenty-two  Inches  Diameter,  if  they  did. 

As  to  Arguments  offered  against  the  Act,  we  know  not  what  they  are, 


Boundaries  of  the  State  of  New  York.  633 

but  if  we  may  depend  upon  the  Information  of  those  who,  we  believe, 
know  much  more  of  that  Matter  than  any  of  the  Petitioners,  they  are 
not  esteemed  of  Weight  sufficient  to  answer  the  End  intended  by  them, 
and  are  in  no  Likelihood  of  procuring  the  Repeal  of  it;  and  we  are 
induced  to  believe  our  Information,  not  only  from  the  Nature  of  the 
Act,  but  from  the  Conduct  of  the  Governor,  who  would  not  have 
recommended  the  passing  an  Act  of  the  like  Nature  to  the  Assembly  of 
this  Province,  had  he  been  under  the  least  Doubt  of  the  Disapprobation 
of  that  at  New-  York  ;  nor  do  we  conceive  the  Consequence  attending 
such  Repeal,  with  Respect  to  this  Affair,  can  be  any  other  than  refund- 
ing into  the  Treasury,  the  Money  spent  on  this  Occasion  ;  for  we  pre- 
sume the  Lines  and  Boundaries  of  this  Government  may  be  ascertained, 
without  the  Consent  of  that  Assembly,  if  any  Persons  will  be  at  the 
Charge  of  it ;  and  that  your  Honour,  or  such  Person  as  shall  be  intrusted 
with  the  Government  of  this  Province,  will  be  both  willing  and  able  to 
protect  us  in  the  Enjoyment  of  our  Civil  Rights. 

They  say,  that  by  running  the  Line,  the  Petitioners  will  be  in  Danger 
of  being  encroach'd  upon:  Being  in  Danger  of  being  encroach'd  upon, 
is  a  Reason  they  should  have  blush'd  at :  If  they  could  have  made  out 
they  should  be  incroach'd  on,  it  might  have  had  some  Weight ;  but  surely 
they  never  could  so  far  flatter  themselves,  with  the  Hopes  of  putting  a 
Stop  to  an  Affair  of  this  Consequence,  by  their  being  in  Danger  of 
being  incroach'd  upon,  except  they  had  good  Assurances,  that,  say  what 
they  would,  it  should  be  effectual,  as  we  are  pretty  well  assured  they 
had,  and  shall  be  represented  in  its  proper  Time  and  Place :  The  Peti- 
tioners cannot  say,  they  would  be  incroach'd  upon  if  the  Line  was  truly 
run,  they  making  no  Pretence  to  Land  in  Jersey ;  so  that  they  durst  not 
offer  that ;  and  if  it  was  not  truly  run,  Jersey  might  be  in  Danger  of 
being  incroach'd  upon,  as  well  as  the  Petitioners ;  and  the  natural  Peti- 
tion on  that  Head  should  have  been,  that  the  utmost  Care  should  be 
taken  to  run  it  truly,  and  not  to  put  a  Stop  to  it. 

They  make  a  Flourish  of  the  Justice  and  Indulgence  of  the  Crown; 
which,  we  make  no  Question,  all  his  Majesty's  good  Subjects  will,  at  all 
Times,  feel  the  proper  and  good  Effects  of,  according  to  their  Demeanour; 
but  what  they  mean  by  Justice  and  Indulgence  here,  is  the  Conduct  of 
the  Person  Governor  of  New-  York  at  that  Time,  and  is  quite  different 
from  what  they  are  pleased  to  call  it ;  and  we  persuade  ourselves,  to 
just  and  impartial  Men,  will  appear  to  be  what  it  really  is ;  to  make 
which  appear,  we  humbly  pray,  your  Honour  to  receive  the  following 
Information:  Some  Dutch  Farmers  wanting  Land,  pitch'd  upon  a  Place 
called  Tapan,  and  applied  to  Col.  Dungan  ;  who  being  informed,  the 
Land  they  had  pitch'd  upon,  lay  mostly  in  Jersey \  used  his  Endeavour 
to  alter  the  Station,  by  him  so  solemnly  agreed  on,  and  prevailed  on  the 


684  Copies  of  Documents  Relating  to  the 

Surveyor  of  York  and  West-Jersey,  to  join  in  making  the  Report,  in 
the  Year  1686,  mentioned  before;  to  which  they  could  never  get  the 
Surveyor  of  East-Jersey  to  join  :  After,  or  about  the  Time  of  that 
Report,  he  grants  the  Lands  desired,  to  the  People  of  Tapan,  for  the 
Consideration  they  made  him ;  which  Lands  lay  mostly  in  the  Jersies  ; 
and  they  settled  down  by  Virtue  of  those  Grants,  and  by  the  Counte- 
nance of  that  Governor  (who  had  the  Vis  major,)  held  them,  and  do  so 
to  this  Day.  Some  there  were  who  held  Lands  by  Jersey  Rights  within 
this  Grant,  and  these  were  forc'd  to  comply,  and  take  new  Ones  from 
that  Government,  which  he  gave  for  the  full  Quantity  they  held  before; 
but  to  one  of  them,  who  held  from  Jersey  a  considerable  Tract  of  Land, 
which  would  interfere  with  his  Grant  to  Japan,  and  who  he  was  loth  to 
dispossess  altogether,  lest  it  would  shake  his  new  Settlement,  and  bring 
the  Validity  of  his  Titles  in  Question,  and  thereby  lay  him  under  the 
Necessity  of  refunding  the  Money  he  receiv'd,  he  made  a  Grant  for  the 
whole  Land ;  and  both  the  Patents  of  Tapan  and  Lockarts  lying  in  the 
Office  together,  he  ordered  a  Day's  prior  Date  to  be  put  to  the  former, 
which  was  not  discovered  till  long  after ;  and  so  they  hold  the  Land  to 
this  Day:  And  what  Disputes  that  has  occasioned  between  Corbet  and 
Meritt,  is  no  Secret.  This  giving  away  of  the  Jersey  Lands,  contrary 
to  the  most  solemn  Agreement  made  by  himself,  as  before,  and  in  this 
Manner,  is  the  so  much  magnified  Justice  and  Indulgence ;  and  how  far 
it  deserves  those  Epithets,  may  one  Day  be  determined. 

They  come  at  last  to  Proposals,  and  offer  to  be  at  half  the  Charge  of 
an  Instrument  proper  and  large  enough,  to  be  approved  and  attested  to 
be  true  and  correct  by  able  Artists,  and  the  Obliquity  settled,  <fbc.  As 
to  the  Obliquity,  enough  has  been  said  already  to  shew  the  Weakness 
of  that  poor  Pretence ;  and  as  to  the  Instrument,  they  neither  tell  what 
Instrument  they  mean  by  a  proper  Instrument,  nor  how  large  is  large 
enough,  nor  who  these  skillful  Artists  shall  be  that  are  to  try  and  attest 
it ;  but  having  reserv'd  to  themselves  a  Power  of  adding,  altering  or 
amending,  we  suppose,  they'll  think  that  Reservation  gives  them  an 
Authority  proper  and  large  enough  to  make  Use  of,  when  this  (none- 
such) Instrument  arrives,  to  render  it  as  wholly  ineffectual  for  the  Pur- 
poses of  ascertaining  the  Station,  as  they  have  endeavour'd  to  do  this; 
for  there  will  be  a  necessity  of  certifying,  that  these  are  skillful  Artists; 
and  those  that  certify  them  such,  will  need  another  Certificate,  to  Cer- 
tify their  Judgments  tha,t  so  certify,  and  so  on;  and  notwithstanding 
such  Certificate  of  the  Correctness  of  the  Instrument,  it  won't  be  safe 
to  proceed  upon  it  till  its  tried  here,  and  known  to  be  so,  or  how  cor- 
rect the  Errors  of  it  in  Case  its  not ;  and  if  so,  such  Certificate  is  need- 
less ;  and  with  this  good  Instrument  there  may  and  will  Differences 
happen  in  the  Observations  in  different  Parts  of  the  Instrument ;  and  all 


Boundaries  of  the  State  of  New  Tore.  685 

that  can  be  said  on  it  (though  confess'd  to  be  true)  will  not  prove 
satisfactory  to  any  Person  resolved  not  to  proceed,  and  one  Stroke  of 
Cant,  that  he  cannot  in  Conscience  proceed  to  determine  the  Latitude  by 
it,  overthrows  the  whole  Affair,  and  puts  things  into  the  same  Condition 
they  are  at  present;  which  is  all  that  we  expect  from  the  Petitioners, 
or  their  Proposals;  though  we  shall  be  always  ready  to  comply  with 
sincere,  just  and  Practicable  Proposals,  whenever  they  appear  from  the 
Petitioners  or  any  else,  some  of  which  we  think  to  be,  that  the 
Commissioners  and  Surveyors  proceed  according  to  the  Directions  of 
the  Legislature,  their  Oaths  and  Commissions,  till  they  finish  the  Work; 
and  if  any  or  all  of  these  will  not  or  cannot  proceed,  that  some  others, 
more  willing,  able  and  knowing,  be  sought  out,  that  both  can  and  will ; 
that  the  Commissioners  and  Surveyors  of  the  Provinces  concerned  in 
the  Station-Point  on  Delaware,  meet,  and  try  to  find  the  Defects  of  the 
present  Instrument,  (if  any  such  there  be)  and  if  they  can,  amend 
them,  and  rectify  any  Error  occasioned  by  them  ;  that  if  they  think  it 
impracticable  by  that  Instrument  to  determine  the  Latitude,  that  then 
they  stop  their  Proceedings  till  they  get  one  by  which  they  can ;  but 
that  it  be  not  stopt  upon  the  bare  Whim  or  Credit  of  any  one  Visionary 
among  them  :  These  Proposals  are  what  we  humbly  conceive  to  be  just 
and  reasonable,  and  what  we  hope  will  be  complied  with  ;  but  if  the 
Opposers  of  this  good  Work  persist  in  their  Endeavours  to  defeat  and 
elude  the  good  Intent  of  those  Laws  made  on  that  Behalf,  and  a  Stop 
is  put  on  the  side  of  New-  York,  without  the  Consent  of  the  Rest  con- 
cerned ;  we  become  humble  Suppliants  to  your  Honour,  that  it  may  be 
done  on  the  Part  of  Jersey,  for  which  we  shall  be  ready  and  willing  to 
defray  the  Expence. 

As  to  Capt.  Jarrat,  his  whole  Conduct  while  concerned  in  that  Affair, 
gave  but  too  visible  Indications  of  his  Attachment  to  that  Party,  whose 
Endeavours  have  been  to  prevent  the  Running  of  those  Lines  ;  so  that 
little  less  was  expected  from  him  than  is  come  to  pass ;  and  we  refer 
him  to  that  Conscience  he  seems  so  tender  of,  which  will  not  fail  faith- 
fully to  lay  before  him  the  true  Motives  that  prevailed  upon  him  to 
make  that  Pretence  ;  and  with  as  great  a  Deference  to  him,  as  he  has  to 
that,  take  Leave  to  observe,  that  Tapan  Creek  does  not  lie  two  Minutes 
to  the  Northward  of  the  Place  of  Observation;  we  are  informed, 
hardly  one ;  and  that  Tbunkers  Mill  lies  about  six  Miles  to  the  South- 
ward of  it,  as  we  are  informed ;  and  if  so,  even  this  Extream  of  between 
two  or  three  Minutes  to  the  Southward  of  the  Place  of  Observation, 
cannot  reach  these  Mills  :  This  is  a  Matter  he  can  easily  determine,  if 
his  Conscience  is  not  disposed  to  contradict  his  Eyes. 

Notwithstanding  that  Capt.  Jarrat  says,  there  is  a  wide  Variation  in 
the  Observations,  to  wit,  of  between  4  and  5  Minutesv  vet  he  is  careful 


636  Copies  of  Documents  Relating  to  the 

to  avoid  saying,  that  the  Instrument  is  erroneous  ;  for  he  is  sensible, 
that  the  best  Instrument  that  ever  was,  may  differ  twice  that  Number 
of  Minutes  in  the  Observations,  and  at  the  same  Time  be  perfectly 
good,  {viz.  as  good  as  Man's  Hands  can  make  it,)  for  its  ten  Thousand 
to  one,  if  the  Glass-Grinder,  do  so  grind  the  Object  Glass,  and  center  it, 
and  the  Instrument-Maker  so  place  it  in  the  Instrument,  as  to  make  the 
Axis  of  the  Glass  perfectly  coincident  with  the  Rays  of  the  Sun ;  which 
if  they  do  not  exactly,  (and  to  say  its  exactly,  is  beyond  human  Art) 
there  must  be  a  Refraction  of  the  Rays ;  which  made  Astronomers,  as 
particularly  JSulialdus,  upon  the  first  Use  of  Telescopes,  to  such  Instru- 
ments, say,  that  Glasses  were  not  at  all  fit  for  such  Instruments,  because 
we  could  never  know,  whether  the  Ray  came  directly  or  refractedly 
to  our  Eye;  and,  no  Doubt,  they  would  have  soon  been  disused,  if  a 
Method  had  not  been  found  out  to  discover  that ;  which  since  has  been, 
and  which  perfectly  shews,  whether  a  Ray  comes  directly  or  not,  and 
(if  not)  exactly,  how  much  it  is  refracted ;  and  that  is,  by  having 
the  Telescope  moveable,  so  that  if  by  looking  thro'  it,  one  Way  you 
find  your  Object  of  one  Height,  so  much  as  this  is  too  high  or  too  low, 
you  can  find  out,  by  turning  the  opposite  Side  of  your  Telescope  upper- 
most, and  looking  again  to  the  Object;  now  so  much  as  the  Object 
appeared  too  low  the  first  way,  so  much  must  it  appear  too  high  this 
Way,  et  e  Contra  ;  and  of  Consequence,  the  Difference  betwixt  the  two 
Altitudes,  is  twice  the  Error,  which  halved,  and  added  to  the  least,  and 
substracted  from  the  greatest,  will  give  the  true  Altitude,  as  well  as  if 
the  Rays  had  come  directly  to  the  Eye. 

Now  Capt.  Jarrat  is  sensible,  that  this  is  the  Cause  of  the  Variation 
of  the  Observations,  and  has  owned,  that  that  Method  of.  correcting, 
which  is  so  plain  in  itself,  and  which  every  one  that  has  any  tolerable 
Knowledge  in  Glass,  knows  to  be  perfectly  true,  is  true  in  Theory,  and 
to  be  used  in  Astronomy,  for  one's  own  private  Satisfaction;  but  thinks 
its  not  to  be  put  in  Practice  in  this  Case,  not  because  it  will  not  do, 
and  discover  as  truly  the  Latitude  sought,  as  if  it  was  perfectly  correct, 
but  because  he  is  pleased  to  say,  some  Estates  are  at  Stake,  so  that  if 
he  should  determine  with  that  Instrument,  he  might  be  liable  to  future 
Reproaches  of  being  bribed  or  byass'd;  and  therefore  desires  a  larger 
Instrument,  not  to  determine  the  Matter  with  more  Truth,  but  to  vindi- 
cate himself  from  the  Aspersions  of  being  bribed  or  byass'd ;  what 
suggested  that  Thought  he  best  knows,  and  from  this  we  may  guess, 
how  likely  the  Success  is  to  answer  the  Expectation. 

We  are  not  surprized  at  this  from  him,  but  very  much  so  at  the 
Report  of  the  Gentlemen  of  his  Majesty's  Council  of  New-  York,  who 
advise,  that  Jarrat  should  be  directed  to  certify,  by  some  Instru- 
ment under  his  Hand  and  Seal,  that  the  Station  pretended  to  be  fix'd  at 


Boundaries  of  the  State  of  New  York.  637 

the  Mshkill,  is  wrong  and  erroneous,  to  the  End,  that  Province  might 
not,  at  any  Time,  receive  any  Prejudice,  by  a  tripartite  Indenture, 
executed  by  the  Surveyors  and  Commissioners,  <&c.  before  the  Defects 
was  discovered. 

The  Reasons  which,  upon  the  whole  Matter,  induced  them  to  give 
this  Advice,  are  as  extraordinary;  and •  with  due  Deference  to  the 
Characters  of  those  Gentlemen,  amounts  to  no  more  than  an  implicit 
Dependance  on  Jarratfa  Word,  without  any  Proof  or  Reason  given  for 
the  Truth  of  what  he  says. 

That  is  to  say,  Jarrat  was  made  Choice  of,  as  the  ablest  Mathe- 
matician, has,  by  the  Declarations  in  his  Petition,  and  Assurances 
before  them,  of  the  Defect  of  the  Instrument. 

And  has  also  declared,  that  the  Methods  proposed  by  Mr.  Alexander, 
are  not  satisfactory  to  him. 

We  humbly  submit  to  your  Honour's  Judgment,  whether  this  is  any 
more,  either  in  Words  or  Meaning,  than  that  Jarrat  said  so ;  Jarrat 
says  the  Instrument  is  defective,  and  that  he  is  not  satisfied  with  the 
Methods  proposed  by  Alexander ;  (and  therefore)  is  this  Ground  suffi- 
cient to  set  aside  all  that  has  been  done,  and  elude  the  good  Intentions 
of  two  Provinces,  upon  the  Credit  of  a  Man,  which,  for  any  Thing  they 
know,  may  be  in  the  Wrong,  and  in  all  Probability  is  so  ?  They  say,  he 
declared  so  in  his  Petition,  and  assured  them  so;  there  is  nothing  like 
it  in  his  Petition,  and  Alexander  protests,  he  does  not  remember  that 
ever  he  told  them  so;  he,  indeed,  tells  them  of  wide  Differences  of 
Observations,  but  that  does  not  prove  a  Defect  in  the  Instrument;  that 
may  happen  many  Ways,  and  the  Instrument  be  good  enough.  Has 
Jarrat  said,  these  Differences  proceed  from  the  Defect  of  the  Instru- 
ment? or  given  them  any  Proof  that  it  is  so?  Or  will  he  presume  to 
say  so  ?  If  he  does,  we  desire  he  may  be  ask'd  upon  his  Oath,  (for  his 
Conscience  may  get  the  better  of  his  Memory)  whether  he  took  any  of 
these  Observations  himself  at  Corbet's,  that  made  this  Discovery,  or  saw 
them  taken?  or  knows  any  Thing  about  them,  but  by  Information  from 
another?  And  we  advise  him  in  this  Case,  to  have  some  Regard  to  his 
Memory  ;  because  there  are  Men  alive,  that  knows  in  what  Part  of  the 
Province  he  was  at  that  Time ;  and  we  desire  these  Honourable  Gentle- 
men, together  with  their  Petitioners,  and  Mr.  Jarrat,  to  give  any  Proof 
if  they  can,  that  this  Difference  of  Observations,  proceeded  from  the 
Defect  of  the  Instrument,  and  not  the  Mistake  of  the  Observator;  and 
such  a  Mistake  that,  for  any  Thing  they  do,  or  can  know,  might  have 
been  rectified  by  the  Penetration  and  quick  Sight  of  their  able  Mathe- 
matician Jarrat,  had  he  been  present :  And  we  humbly  submit  it  to  the 
calmer  Consideration  of  these  Honourable  Gentlemen,  whether  it  had 
not  been  more  prudent,  as  well  as  just,  when  that  pretended  Discovery 


638  Copies,  of  Documents  Relating  to  the 

was  made,  to  have  referred  it  to  the  Examination  and  Report  of  the 
Commissioners  and  Surveyors  of  all  the  Parties  concerned,  who  were 
intrusted  with  it,  and  whose  proper  Business  it  was,  than  to  have  made 
a  report  themselves,  with  so  much  Precipitation,  in  a  Matter  that  no 
one  Man  of  them  are  competent  Judges  of. 

These  Commissioners  and  Surveyors  were  upon  Oath ;  and  if  upon 
Examination,  they  had  found,  that  the  Station  had  been  wrong  fix'd, 
would  have  rectified  it;  and  in  Case  the  Instrument  had  been  so  defect- 
ive, that  they  could  not  with  it,  do  what  was  intended ;  they  would 
have  said  so;  which  would  have  been  authoritative  and  conclusive: 
But  further,  Jarrat  declared,  what  Alexander  said  was  not  satisfactory 
to  him  ;  it  may  be  so,  nor  to  the  Gentlemen  before  whom  he  was  ;  this 
is  a  very  grave  and  short  Way  of  answering  any  Thing :  But  can  these 
Gentlemen  be  assured,  that  Jarrat  spoke  Truth,  or  what  the  Dissatisfac- 
tion proceeded  from,  whether  from  Want  of  Argument  on  the  Side  of 
Alexander,  or  Capacity  on  the  Part  of  Jarrat  ?  If  they  say  the  first,  then 
they  needed  not  to  have  used  the  Authority  of  Jarrafs  Declaration, 
but  have  determined  upon  their  own  Judgments ;  which  we  presume, 
would  have  been  upon  better  Reasons  than  a  Say  so. 

Such  are  the  Reasons,  and  the  Advice  is  correspondent ;  they  advise, 
that  Jarrat  be  directed  under  his  Hand  and  Seal,  to  give  the  Lye  to 
himself,  and  all  the  Parties  to  that  Indenture;  and  upon  his  single 
Authority  to  certify,  that  the  Station  at  the  Fishkill  (which  they  already 
call  a  pretended  One)  is  wrong.  Here  are  two  Acts  of  Assembly  that 
make  the  Determination  of  the  Parties  to  that  Indenture,  binding  upon 
both  Provinces :  Here  is  a  Committee  of  the  Council  of  one  Province 
take  upon  themselves  to  overthrow  this,  by  a  Certificate  of  One  Man, 
(without  Proof  or  Colour  of  Reason  but  his  say  so ;  and  that,  as  he 
must  own,  not  from  his  own  Knowledge,  but  from  the  Information  of 
another)  to  make  that  Determination  binding  upon  neither;  how  far 
the  Success  will  answer  these  Endeavours,  Time  will  discover. 

Mr.  Alexander  being  present  at  the  Committee,  we  have  desired 
him  to  say  what  he  thinks  proper  to  these  Matters,  and  is  as  fol- 
lows: 

'  James  Alexander  declares,  he  does  not  remember  that  ever  Capt. 
'  Jarrat  said  upon  the  Spot,  that  he  could  not  rectify  the  wide  Errors  of 
1  the  Instrument,  nor  take  upon  him  to  fix  the  Station  by  it,  the  same 
1  varying  so  much  in  it  self:  He  remembers  indeed,  that  he  was  very 
'  capricious  in  this  Matter  ever  since  he  went  to  MahackemacJc,  and 

•  especially  after  the  News  of  his  Excellency's  Departure,  laying  all  the 
'  Blocks  in  the  Way  that  ever  he  could  invent,  making  Mountains  of 

*  Mole-Hills,  as  in  this  Case  :  And  whatever  Dissatisfaction  he  shewed 
'  with  any  of  the  Observations  when  he  came  down  to  York  (after  the 


Boundaries  of  the  State  ob  New  York.  G39 

I 

last  Observation  he  ever  took  with  it)  he  declared  himself  to  be  per- 
fectly satisfied  with  the  Instrument,  and  perfectly  to  understand  how 
to  reconcile  the  Observations  which  was  upon  Thursday  the  thirteenth 
Day  of  August ;  and  we  expecting  the  Commissioners  up  the  next  Day, 
I  was  very  loath  he  should  go  down  to  York  ;  but  he  said,  he  wanted 
no  more  Observations,  and  that  the  next  Day  he  would  come  up  with 
them,  and  settle  the  Station  :  But  Capt.  Walters  being  sick,  the  Com- 
missioners thought  fit  to  delay  the  Time  of  meeting  for  a  Week;  so 
upon  the  Monday  he  came  up  again,  and  paid  me  the  Compliment  of 
saying,  he  just  came  up  to  acquaint  me  of  it,  and  to  bring  me  down : 
Mr.  Willocks  being  there,  we  three  adjourned  the  Time  of  meeting  till 
the  Seventh  of  September  /  and  I  went  down  to  York  with  Capt. 
Jarrat ;  and  we  carried  the  Instrument  along  with  us,  having  no  fur- 
ther to  do  with  it  there,  he  seeming  still  perfectly  satisfied,  as  before; 
In  the  Beginning  of  September,  I  saw  him  several  Times,  and  he  having 
the  Gravel,  declared,  as  soon  as  he  was  able  he  would  be  ready  to  go 
up  and  finish  the  Work :  And  I  never  heard  of  any  Dissatisfaction  he 
had,  'till  Col.  Hicks  came  to  Town  for  to  go  upon  the  Line  about  the 
Seventh  of  September ;  and  I  then  being  sick,  Col.  Hicks  and  Capt. 
Walters  came  to  see  me,  and  told  me,  that  Jarrat  was  in  another 
of  his  mad  Fits,  and  was  saying  to  every  Body  the  Instrument  was 
erroneous,  and  that  it  differed  four  or  five  Minutes ;  I  told  them, 
that  I  knew,  and  he  knew  that  long  ago,  and  that  the  Instrument 
was  not  one  Pin  the  Worse  of  that;  but  I  could  scarcely  think  he  was 
in  earnest. 

1  And  further,  I  being  present  at  the  Committee  of  the  Honourable 
the  Council  of  Neio-  York,  I  don't  remember,  that  Capt.  Jarrat  said 
further  to  the  Committee  concerning  what  he  told  me  at  Mrs.  Corbet's, 
than  that  he  was  dissatisfied  with  these  Differences,  and  that  he  told 
me  of  it  before  several  People  ;  and  I  think  it  was  upon  Interrogates 
afterwards  made  by  the  Committee,  that  he  declared,  he  could  neither 
rectify  the  wide  Errors  of  the  Instrument,  nor  take  upon  him  to  fix  the 
Station  by  it. 

*  Whenever  another  Instrument  of  five  or  six  Foot  Radius  does  come, 
tho'  at  the  same  Time  it  be  a  very  good  One,  I  could  venture  to  lay 
the  Price  of  that  Instrument  with  Capt.  Jarrat,  that  there  will  be  four 
or  five  Minutes  Difference  in  the  Observations  that  shall  be  taken  by 
it ;  and  for  the  same  Reasons  then  he  cannot  adventure  to  settle  the 
Latitude  by  it,  and  of  Consequence  never. 

It  is  impossible  for  the  Art  of  Man,  to  make  an  Instrument  perfectly 
true  and  correct;  and  if  the  line  be  stay'd  till  one  be  certified  to  be  so, 
by  able  and  skilful  Mathematicians  from  Great  Britain,  it  will  be  stay'd 
for  ever ;  for  the  most  that  able  and  skilful  Mathematicians  can  do,  is  to 


640  Copies  of  Documents  Relating  to  the 

find  out  the  Errors  of  it,  and  give  a  Table  of  Equations,  how  to  correct 
it;  which  Capt.  Jarrat,  if  he  will  but  take  a  little  Pains,  may  easily 
make  himself,  for  this  Instrument;  and,  for  the  same  Reason  that  Capt. 
Jarrat  wants  one  now,  of  5  or  6  Foot  Radius;  when  such  a  one  comes, 
he  has  as  much  Reason  to  say,  the  Work  wants  one  of  11  or  12  Foot, 
and  so  on,  to  23  or  24  Foot  Radius. 

Upon  the  Whole,  tho'  it  must  be  confess'd  to  be  the  Interest  of  both 
Provinces,  that  these  Stations  be  fix'd,  and  the  Lines  ascertained;  yet, 
we  think,  they  ought  to  be  done  with  Justice  and  Truth  on  both  Sides; 
and  it  being  possible  there  may  be  a  Defect  in  the  Instrument,  tho'  no 
Manner  of  Proof  yet  appears  for  it,  we  hope  the  Council,  who  have  not 
yet  approved  of  the  Report  of  the  Committee,  will  suspend  any  Approba- 
tion of  it,  till  the  Commissioners  and  Surveyors  have  examined  into  the 
Matter,  and  made  their  Report  on  it,  and  that  they  do  it  with  all  proper 
Expedition :  This,  we  pray,  your  Honour  wil^  be  pleased  to  signify  to 

them. 

By  Order  of  the  Council  of  Proprietors, 

Perth-Amboy,  J.  BARCLAY, 

October  12,  1719.  Dep.  Reg. 

— [Memorial  of  East  N.  J.  Proprietors,  etc.,  Nov.  20,  1753;  pp.  31,  fo. 


Colonel  Schuyler  to  the  Lords  of  Trade. 

New  York  31  Oct  1719 

*  *  *  * 

I  send  also  to  your  Lordships  a  Copy  of  a  Petition  presented  to  me 
by  Allane  Jarret  the  surveyor  appointed  on  behalf  of  this  Province  for 
running  &  ascertaining  the  division  line  between  this  Province  & 
the  Province  of  New  Jersey  with  the  Councils  Report  thereupon  to  me 
by  which  your  Lordsps  will  perceive  there  is  a  present  stop  put  to  those 
proceedings  &  unless  I  should  compel  him  against  the  advice  of  the 
Council  to  proceed  notwithstanding  his  Petition  it  could  not  be  avoided 
&  I  do  not  see  that  I  could  justify  such  proceeding  against  express 
&  positive  declarations  without  offering  an  injury  to  his  conscience 
and  exposing  this  Province  to  all  the  wrongs  that  may  consequently 
follow  upon  it  besides  the  money  given  for  that  service  is  more  than 
exhausted  already  by  the  issues  first  made  &  the  demand  now  brought 
in.  I  take  it  to  be  a  work  of  great  importance  to  the  King  in  which  his 
Quitt  Rents  Lands  &  the  property  of  his  subjects  are  concerned  and 
I  had  rather  be  over  cautious  then  rash  in  such  affair  which  is  intended 
to  be  forever  binding  tho'  I  find  the  Proprietors  of  Jersey  are  much 
exasperated  and  I  hope  that  before  any  resolution  be  taken  timely 
notice  will  be  given  that  both  the  Government  here  on  the  behalf  of 
His  Majesty  &   the  Proprietors  of  lands  holding  under  Patents  from 


Boundaries  of  the  State  of  New  York.  (J41 

this  Government  may  lay  before  your  Lordships  what  they  have  to  say 
when  they  are  thoroughly  informed  of  the  Proceedings  of  the  Jersey 
Proprietors  presuming  they  will  make  their  application  to  your  Lordships 

I  had  the  honor  to  receive  your  Lordships  letter  of  the  7th  of  August 
last  relating  to  the  Boundaries  of  this  Province  on  the  French  settle- 
ments His  Excellency  Govr  Hunter  I  believe  carried  with  him  the  best 
Map  that  has  yet  been  made  of  Hudsons  River.  But  of  the  Countries 
belonging  to  the  five  Nations  no  Map  has  yet  be#n  made  nor  is  there 
any  publick  money  to  do  it  with  the  French  have  already  settled  at  the 
back  of  us  from  Canada  to  Messassipie  in  the  last  war  they  attempted 
to  make  some  Settlements  among  the  five  nations  &  its  feared  are 
every  day  gaining  ground  lor  want  of  ascertaining  the  Limitts  & 
placing  Garrisons  at  the  Lakes  &  I  humbly  hope  your  Lordships  upon 
these  considerations  will  apply  to  His  Majesty  that  his  pleasure  may  be 
known  concerning  a  Mapp  of  the  Province  and  particularly  of  the 
frontiers.  I  am  sorry  there  is  no  money  in  the  Treasury  here  to  defray 
the  expence  if  there  was  1  would  not  give  your  Lordships  the  Trouble 
of  this  request 

Collonel   Graham   the   late  Surveyor   General    of  the   lands  of  this 

Province  being  lately  dead  I  have  ordered  a  commission  to  be  prepared 

appointing  Allan    Jarratt  whom   I    have   before  mentioned,  a   person 

agreed  on  all  hands  to  be  the  most  capable  of  any  one  in  the  Country 

so  recommendd  to  Governor  Hunter  who  appointed  him  Surveyor  for 

ascertaining    the   Bounds    between    this    Province   and    Jersey   &    a 

man   of   a   very   fair    reputation    for   honesty   &    integrity   &   sound 

understanding. 

I  am  Yr  Lordships 

Most  humble  &  obedient  Serv' 

P*  Schuijler 
— [iV.  T.  Col.  Doc,  v.  531. 


[In  N.  Y.  Council.] 

November  12,  1719. 

Vpon  Reading  the  Petition  of  Allane  Jarratt  praying  to  be  made 

Surveyor  General  of  Lands  in  this  Province,  the  President  desired  the 

Opinion  of  this  Board  what  Person  was  best  qualifyed  for  that  Post 

the  Majority  of  the  Councill  were  of  Opinion  that  the  Petitioner  is  the 

best  qualifyed  for  that  Station  and  they  are  farther  of  Opinion  that  in 

the  Commission  to  be  Given  him  for  that  Office  there  aught  to  be  a 

Clause  that  he  makes  use  of  no  Deputys  but  Such  as  Shall  be  approved 

of  by  the  Governour  or  Commander  in  Chief  for  the  time  being  and 

the  Councill  of  this  Province. 

*  *  *  * 

41 


G42  Copies  of  Documents  Relating  to  the 

Upon  producing  an  Account  of  Robert  Walter  and  Isaac  Hicks  Esq\* 
Commissioners  and  Allane  Jarratt  Surveyor  appointed  for  running  the 
Division  Line  between  the  Provinces  of  New  York  and  New  Jersey 
amounting  to  one  Hundred  and  fifty  two  pounds  fourteen  shillings  and 
three  pence 

Ordered  a  warrant  issue  to  pay  to  each  of  them  twenty  pounds  in 
Fart  of  the  said  Account  and  that  the  Residue  of  the  money  (being 
Sixty  pounds)  appropriated  for  that  Service  remain  in  the  Hands  of 
the  Treasurer  till  the  said  Account  is  laid  before  the  Governour  Coun- 
cill  and  General  Assembly  at  their  next  meeting. 

A  Warrant  was  accordingly  Signed  for  the  Payment  of  twenty 
pounds  to  each  of  the  Gent,  before  mentioned  out  of  the  Money  appro- 
priated for  the  Service  aforesaid. 

*  *  *  * 

— \N.  Y  Council  Minutes  (MS.),  xii,  54. 


[Warrant.] 

N°  69.  November  J  2,  1719. 

Pay  unto  Robert  Walter  and  Isaac  Hicks  Esq1s  Comm"  and  Allane 
Jarratt  Surveyor  Appointed  for  the  Running  the  Division  Line  betwixt 
this  Province  and  the  Province  of  New  Jersey  or  to  each  of  their  Order 
the  Sume  of  Twenty  Pounds  each  for  their  Services  in  Running  of  the 
said  Line  out  of  the  Money  in  yor  Hands  Appropriated  for  that  purpose 
By  Vertue  of  an  Act  of  Assembly  Intituled  An  Act  for  Paying  and 
Dischargeing  Severall  Debts  due  from  this  Colony  to  the  Persons 
therein  Named  And  for  Raising  and  Putting  into  the  Hands  of  the 
Treasurer  of  this  Colony  Severall  Quantities  of  Plate  to  be  Applied  to 
the  Publick  and  Necessary  uses  of  this  Colony,  and  to  make  Bills  of 
Credit  to  the  Value  of  Forty  One  Thousand  five  Hundred  and  Seven- 
teen Ounces  and  an  half  of  Plate  for  that  Purpose  And  for  so  Doing 
this  shall  be  your  Sufficient  Warrant,  Given  as  above. 
To  Coll.  Abraham  De  Peyster  P.  Schutleb. 

Treasurer  of  ye  Colony  of 
NewYork 

— [A7.  Y.  Treasury  Warrants,  viii  (not  paged.) 


[Warrant.] 
No  42.  July  14,  1720. 

Pay  unto  Robert  Walter  and  Isaac  Hicks  Esq8.  Comm"  and  Allane 
Jarratt  Survey!:  Appointed  for  ye  Running  ye  Division  Line  betwixt  this 
Province  and  the  Province  of  New  Jersey  or  to  each  of  their  Order  the 


Boundaries  of  the  State  of  New  York.  643 

Sum  of  Twenty  Pounds  each  for  their  Service  in  Running  of  the  said 
Line,  out  of  the  Money  in  yor  Hands  Appropriated  for  that  Purpose, 
By  Vertue  of  an  Act  of  Assembly  Intituled  an  Act  for  Paying  and 
Dischargeing  Severall  Debts  due  from  this  Province  to  the  Persons 
therein  named  and  for  Raising  &C  &C 

And  for  so  Doing  this  shall  be  yor  Sufficient  Warrant. 

Given  as  above 
To  Coll.  Abra.  De  Peyster  Treas.  P.  Schuyleb 

of  ye  Colony  of  New  York 
— [N.  Y.  Treasury  Warrants,  ix  (not  paged). 


[Lewis  Morris  (of  N.  J.)  to  President  Schuyler.] 

March  31,  1720. 
Much  Honoured. 

Tide  and  Wind  which  will  stay  for  no  man  forces  me  to 
hurry  away  without  being  able  to  do  myselfe  the  honour  of  Waiting  on 
you  before  I  go  w!?  I  verry  much  regrate  having  (besides  the  Satisfac- 
tion of  paying  my  regards  to  you)  the  Affaire  of  running  the  division 
lines  between  New  Jersie  and  New  Yorke  to  settle  (If  1  can)  with  you. 
the  necessity  of  running  them  is  Visible  to  all  not  willfully  blind  or 
whose  frauds  and  Encroachments  on  Either  Side  have  made  it  their 
Interest  to  Oppose  it.  we  are  both  of  us  told  by  our  Superiors  that  his 
Majestie  thinks  it  necessary  to  know  the  limits  and  boundaries  of  his 
severall  american  Collonies :  &  what  directions  he  has  given  concern- 
ing those  under  our  care  you  are  no  Stranger  to.  I  shall  thinke  it  my 
duty  in  Obedience  to  his  Majesties  commands  and  in  compliance  wlh  the 
directions  of  the  legislature  in  both  Provinces  to  do  what  I  can  in  order 
to  Settle  and  discover  the  limits  and  boundaries  of  the  Province  of 
Jersie  &  hope  your  honr  will  be  so  farr  assisting  w1?  respect  to  ye  Line 
wj  is  a  Limmit  to  both  Provinces  that  his  Majesties  commands  may  be 
put  in  Execution  and  an  End  put  to  the  Quarrells  and  Strifes  which  all- 
most  daily  happen  between  the  borderers  w^  at  Present  is  a  Verry  great 
hinderance  to  the  Settlement  and  Improvement  of  both  Provinces  and 
the  Extending  of  his  Majesties  dominion.    I  am,  with  very  great  regard 

Much  Honoured 

Your  Verry  Humble 
Servant 

Lewis  Morris 
— [N  Y.  Col.  MSS.,  lxii,  77. 


644  Copies  of  Documents  Relating  to  'ihe 

[In  N.  Y.  Council.  I 

December  2 IV  1720. 

*  *  *  * 
Ordered  that   Cadwalad1-.   Colden   Esq1:   Surveyor  General   of   this 

Province  Do  Examine  a  Quadrant  formerly  made  use  of  by  Allane 
Jarratt  for  the  settling  the  Divisional  Lines  between  the  Provinces  of 
New  York  and  New  Jersey,  And  that  he  make  Report  thereon  to  this 

Board.1 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  xiii,  62. 


[In   N.  Y.  General  Assembly.] 

June  23,  1721. 

*  *  *  # 

The  Petition  of  several  of  the  Inhabitants  of  the  Province  of  New- 
York,  for  themselves  and  others,  the  Owners  and  Proprietors  of  Lands 
bordering  upon  the  Partition  Line,  between  the  Province  of  New -York 
and  the  Province  of  New-Jersey,  was  presented  to  the  House,  and  read, 
praying  they  may  have  leave  to  bring  in  a  Bill,  for  raising  a  Sum  of 
Money  sufficient  to  purchase  a  proper  Instrument  for  observing,  and 
thereby  fixing  the  exact  Station,  Points  of  the  Latitudes  on  Hudson's 
River,  and  most  northerly  Branches  of  Delaware  River ;  and  for  defray- 
ing the  Charge  of  trying  the  Instrument  in  Great- Britain,  and  trans- 
porting it  to  this  Colony,  in  order  that  the  Partition  Line  between  the 
Provinces  of  New  -York  and  New-Jersey,  be  truly  run  and  ascertained. 
Ordered  That  the  Petition  be  taken  into  Consideration  by  this  House. 


June  24,  1721 

*  *  *  * 

The  House  taking  into  Consideration,  the  Petition  [etc.,  as  above], 

*  *  *  * 
Ordered,  That  Leave  be  given  to  bring  in  a  Bill  accordingly. 

*  *  *  * 


June  28,  1721. 

A  Bill,  entitled,  An  Act,  for  raising  a  Sum  of  Money,  to  be  applied 
for  defraying  the  Charge  of  purchasing,  trying  and  transporting  from 
Great-Britain,  into  this  Province,  an  Instrument  proper  for  observing 
Latitudes,  in  Order  for  the  fixing  of  the  exact  Station  Points,  betwixt 

'So  far  as  now  appears,  no  report  was  made  by  Surveyor  General  Colden. — [P. 


Boundaries  of  the  State  of  New  York.  645 

this  Province  and  the  Province  of  New-Jersey,  on  Hudson's  River,  and 
the  most  Notherly  Branch  of  the  River  Delaware ;  was  read  the  first 
Time,  and  ordered  to  be  read  a  second  Time. 

*  *  *  * 


June  30,  1721. 

*  *  Read  the  second  Time  and  committed.1 

*  *  .  *  * 

— \N.  Y.  Gen.  Assem.  Journal  (1691-1743),  pp.  457-459. 


[Province  of  New  Jersey.] 
Chap.   CCXXIII.     An  Act  for  running  and  ascertaining  the  Line  of 
TV    11     ed         Partition  and  Division  betwixt  this  Province  of  New- 
Jersey  and  the  Province  of  New-York. 

Passed  February  18,  1747-8. 
*  *  *  * 

This  Act  contained  a  suspending  Clause  ;  Nevill  has  omitted  it  in 
his  Edition. 

See  Chap.  CCCXCVI,  by  which  the  Running  of  this  Line  has  since 
been  provided  for  and  effected. 
— [A7".  J.  Laws  (Allinson's  Compilation),  p.  172." 


[N.  J.  Commissioners  to  Speaker  Livingston.] 

June  25th.  1748. 
Mf  Speaker  of  the  Council. 

Herewith  is  Delivered  To  you  a  Coppy  of  an  Act  passed  by  the 
Governor,  Council  and  Assembly  of  New  Jersey,  entituled  An  Act  for 
Puning  and  Ascertaining  the  Line  of  Partition  and  Division  betwixt 
this  Province  of  New  Jersey  and  the  Province  of  New  York,  and  here- 
with is  showed  to  You  an  Exemplification  of  the  Said  Act  under  the 
Great  Seal  of  New  Jersey ;  and  herewith  is  also  delivered  to  you  a  coppy 
of  a  writing  which  was  delivered  along  with  another  Coppy  of  the  Said 
act  to  his  Excellency  George  Clinton  EsqT  Governor  of  New  York;  and 
herewith  is  also  showed  to  you  the  Commission  to  us  under  the  Great 
Seal  of  New  Jersey  mentioned  in  that  writing,  of  the  matters  whereof 
you'll  be   pleased  to   Take   notice;  and   be   pleased  to   Communicate 

1  No  further  progress  was  made  with  this  bill. — [P. 

a  For  a  MS.  copy  (perhaps  the  original)  of  the  act  in  full,  which  is  very  long,  see 
JV.  Y.  Col.  MSS.,  lxxvi,  35.  See,  also,  JK  T.  Col.  MSB.,  lxxviii,  12,  for  a  long 
anonymous  argument  against  this  act. — [P. 


tJ4t>  Copies  of  Documents  Relating  to  the 

the  Same  writing  with  this  and  the  Said  coppy  of  the  act  delivered  to 
you,    To  his  Majesties  Council  for  the  Province  of  New  York.    We  are 

Your  most  humble  Servants 
To  Phillip  Livingston  Esq'  Ja:  Alexander 

Speaker   of    his   Majesties  Rob!  H:  Morris. 

Council    for  the  Province  Elisha  Parker. 

of  New  York. 

— [JST.  Y  Col.  MSS.,  lxxvi,  33. 


[N.  J.  Commissioners  to  Governor  Clinton.] 
May  it  please  your  Excellency 

As  we  are  the  persons  appointed  by  the  Government  of  New  Jersey 
under  the  Great  Seal  of  that  Province  for  Runing  and  ascertaining  the 
Line  of  Partition  and  Division  between  the  Two  provinces  of  New  York 
and  New  Jersey  on  the  part  of  New  Jersey,  as  by  the  Commission  for 
that  purpose  herewith  Shewed  unto  your  Excellency  will  appear,  we 
think  it  our  duty  to  deliver  to  your  Excellency  a  coppy  of  an  act  Lately 
passed  in  New  Jersey  Entituled  "An  act  for  Runing  and  Ascertaining 
"the  Line  of  Partition  and  Division  betwixt  this  province  of  New  Jer- 
"  sey  and  the  province  of  New  York.''''  In  which  your  Excellency  will 
observe  a  Clause  Suspending  its  force  till  it  has  his  Majesties  Royall 
^probation :  and  at  the  Same  time  we  beg  Leave  to  Inform  your  Excel- 
lency that  the  proprietors  of  East  Jersey  intend  to  apply  themselves  to 
his  Majesty  and  pray  his  Royall  assent  to  the  Same. 

What  Induced  the  Legislature  of  New  Jersey  to  pass  the  act  above 
mentioned,  was  a  Strong  inclination  they  had  to  have  the  boundary 
Line  between  the  two  Governments  reduced  to  a  Certainty,  in  order  to 
quiet  the  minds  of  the  people  Living  nigh  the  places  through  which  that 
Line  will  Run,  and  to  put  a  Stop  to  the  many  disorders  and  quarrells 
that  have  Subsisted  in  that  part  of  the  Country,  and  which  have  been 
Carried  to  So  Great  a  heighth  as  to  Endanger  the  Lives  of  Several  of 
his  Majesties  Subjects.  And  what  made  the  passing  this  Law  necessary 
was  the  frequent  applications  that  had  been  made  without  Effect  to  the 
Government  of  New  York,  to  Join  in  the  Settlement  of  that  Line  in  an 
amicable  manner  pursuant  to  acts  of  Assembly  Still  in  force  in  both 
provinces  for  that  purpose. 

We  are  fully  Sensible  that  your  Excellency  has  neither  Interest  nor 
Inclination  to  oppose  the  Settlement  of  the  true  Boundary  Line 
between  the  province  under  your  Government  and  the  Colony  of  New 
Jersey,  and  therefore  we  presume  to  hope  that  your  Excellency  will  be 
So  Good  as  to  Communicate  to  us  or  the  Government  of  New  Jersey, 
any  objections  you  may  have  to  the  act  now  delivered  to  you,  that  we 


Boundaries  of  the  State  op  Mew  York.  647 

may  have  an  opportunity  of  Obviating  them,  and  of  Convincing  his 
Majesty  and  your  Excellency,  That  New  Jersey  has  nothing  in  View 
but  the  Settlement  of  the  Line  according  to  the  true  intent  and  mean- 
ing of  the  Grants  under  which  the  province  is  held;  and  as  we  Conceive 
we  are  able  to  Give  Satisfactory  Answers,  to  any  Such  objections,  and 
as  an  application  to  his  Majesty  for  the  Royall  assent  to  the  Bill  now 
passed  for  Runing  that  Line  will  be  attended  with  a  very  Considerable 
Expence  to  the  Proprietors  of  the  Eastern  Division  of  New  Jersey; 
we  therefore  hope  your  Excellency  and  the  Gentlemen  Concerned  in 
the  Lands  on  the  York  Side  of  the  Line  will  save  them  the  Trouble  & 
Expence  of  that  application  to  England,  by  joining  to  Settle  and  fix 
the  Station  point  on  Hudson's  River,  and  Runing  the  true  partition 
Line  from  thence  to  the  Station  already  fixed  on  the  River  Delaware, 
and  In  hopes  that  your  Excellency  and  those  Gentlemen  will  be  pleased 
to  Communicate  to  us  your  Consent  to  that  in  two  months,  we  will  so 
long  delay  Sending  home  the  act  for  his  Majesties  Royall  approbation, 
or  any  longer  reasonable  time  that's  desired. 

We  shall  deliver  to  the  Speaker  of  his  Majestie's  Council  and  the 
Speaker  of  the  house  of  Assembly  of  the  province  of  New  York, 
Coppies  of  the  Said  act  lately  passed  for  runing  the  Said  Line,  and 
Coppies  of  what  we  now  write  to  your  ExcelUacy,  to  be  by  them  Com- 
municated to  their  respective  Houses,  we  are  Your  Excellence's  most 
obedient  humble  Servants. 

June  25th  1748  Signed         Robt  Hunter  Morris 

Elisha  Parker 
Ja:  Alexander 

To  his  Excellency  the  honourable  George  Clinton  Esqf        *        • 

— [N.  Y.  Col.  M$S.,  lxxvi,  34. 


[In  N.  Y.  General  Assembly.] 

June  28,  1748. 
*  *  *  * 

The  House  being  informed,  that  the  Honourable  Robert  Hunter 
Morris,  Esq ;  Chief  Justice  of  the  Province  of  New-Jersey,  and  Elisha 
Parker,  Esq  ;  from  the  said  Province,  were  attending  at  the  Door ; 
they  were  called  in,  and  shewed  to  the  House,  a  Commission  under  the 
Great  Seal  of  the  Province  of  Nero-Jersey,  appointing  them,  together 
with  James  Alexander,  Esq;  Commissioners  on  the  part  of  the  said 
Province  of  New- Jersey,  for  running  and  ascertaining  the  Line  of  Par- 
tition and  Division,  between  the  Colony  of  New-Jersey,  and  the  Colony 
of  New  -  York,  and  at  the  same  Time,  delivered   to   the  House,  the 


648  Copies  of  Documents  Relating  to  the 

Copy  of  an  Act,  passed  in  the  Province  of  New-Jersey,  entitled,  An 
Act,  for  running  and  ascertaining  the  Line  of  Partition  and  Division, 
betwixt  this  Province  of  New-Jersey,  and  the  Province  of  New  York; 
and  desired,  that  if  the  House  had  any  Objections  to  the  said  Act,  they 
would  be  pleased  to  communicate  them,  either  to  them  the  said  Com- 
missioners, or  to  the  Government  of  New- Jersey ;  and  then  withdrew. 
Ordered,  That  the  said  Copy  be  read  To-morrow.1 

*  *  *  * 

— [N.  T.  Gen.  Assem.  Journal,  1743-1766,  p.  241. 


[Governor  Clinton  to  the  Lords  or  Trade.] 
My  Lords 

1  some  time  since  received  a  Copy  of  an  Act  passed  by  the  Legislature 
of  New  Jersey  for  running  the  line  of  partition  and  Division  between 
that  Province  and  this,  and  at  the  same  time  was  informed  that  the 
Jersey  Proprietors  intended  to  Apply  for  His  Majesty's  Royal  approba- 
tion of  the  same. 

There  have  been  many  disorders  committed  on  the  Borders  of  these 
Provinces  occasioned  by  the  Lines  remaining  unsettled.  Of  some  of 
those  Disorders  I  had  information  given  me  by  the  late  Governour  of 
New  Jersey  by  whom  I  was  requested  to  join  in  the  Settlement  of  the 
Line  pursuant  to  Acts  then  and  still  in  Force  in  both  Provinces  for  that 
purpose  which  I  should  have  readily  done  but  upon  Enquiry  into  the 
matter  I  found  that  the  sum  of  three  thousand2  pounds  formerly  raised 
in  this  Province  by  Act  of  the  Fourth  of  King  George  the  first,  had 
been  long  ago  drawn  out  of  the  Treasury  and  paid  to  Commissioners 
and  Surveyors  employed  in  that  Service,  who  began  but  never  corn- 
pleated  the  Work,  and  are  since  Dead  and  no  othp.r  Money  was  ever 
appropriated  in  this  Province  for  that  service  that  I  can  learn. 

I  also  found  that  all  the  Lands  along  the  Line  for  many  Miles  within 
this  Province  were  granted  away  to  Private  Persons  upon  triffling  Quit 
Rents  to  the  owners  of  the  lands.  I  referred  the  matter  and  recom- 
mended an  Amicable  Agreement  between  them  and  the  Jersey  Pro- 
prietors who  held  a  Meeting  for  that  purpose  but  nothing  was  agreed 
upon. 

As  it  does  not  appear  to  me  that  the  Interest  of  the  Crown  or  of  this 
Province  in  General  are  any  way  concerned  in  the  Matter,  but  only 
the  Pattentees  of  the  Lands  along  that  line,  I  shall  decline  giving 
Your  Lordships  any  trouble  in  the  Affair,  leaving  it  to  the  particular 
persons  concerned  to  take  such  steps  as  they  shall  think  proper. 

1  Consideration  was  further  postponed  until  alter  September  first. — [P. 
'  Elsewhere  three  hundred. — [P. 


Boundaries  of  the  State  of  New  York.  649 

Thus  much  I  thought  it  necessary  to  say  in  Order  to  Explain   thf 

Reasons  of  my  Conduct  in   this   Affair,  and  am  with   great   Esteem 

My  Lords, 

Your  Lordships  most  humble 

&  obedient  Servant 

G    Clinton. 
Fort  George,  in  the  City  of 
New  York  the  7th  October  1748. 

To  the  Right  Honble 

The  Lords  Com  miss"  for  Trade  &  Plantations. 


—[N.  Y.  Col.  Doc,  vi,  454. 


October  20,  1748. 


A  Petition  of  a  great  Number  of  the  Freeholders  of  this  Colony 
Proprietors  of  Lands,  bordering  on  the  Partition  Line,  between  this 
Colony  and  the  Colony  of  New-Jersey,  was  presented  to  the  House,  and 
read,  setting  forth,  That  they  had  taken  Notice  of  a  Paragraph  in  the 
New  -  York  Gazette,  or,  Weekly  Post- Boy,  of  the  4 *  of  July  last ;  whereby 
it  appeared,  that  Commissioners  from  the  Province  of  New- Jersey,  had 
attended  the  honourable  House,  with  the  Copy  of  an  Act,  passed  in  the 
said  Province  of  New-Jersey,  for  running  and  ascertaining  the  Line  of 
Partition  and  Division,  betwixt  the  Colony  of  New-Jersey,  and  the 
Colony  of  New  -  York,  and  desired,  that  if  the  House,  had  any  Objec- 
tions to  the  said  Act,  they  would  be  pleased  to  communicate  them, 
either  to  them  the  said  Commissioners,  or  to  the  Government  of  New- 
Jersey;  that  the  Petitioners  having  since  obtained  a  Copy  of  the  said 
Act,  do  find  sundry  Things,  set  forth  therein  for  Facts  and  Truths, 
which  they  conceive  to  be  otherwise,  and  therefore  humbly  praying, 
that  the  honourable  House  will  be  pleased  to  grant  them  a  Hearing  on 
the  subject  Matter  of  the  said  Act. 

Ordered,  That  the  Petitioners  be  heard  by  themselves  and  their  Council, 
if  they  think  fit,  on  the  subject  Matter  of  the  Act,  passed  in  the  Colony 
of  New-Jersey,  for  running  and  ascertaining  the  Line  of  Partition  and 
Division,  betwixt  the  Province  of  New-Jersey  and  this  Colony,  and  that 
the  said  Hearing  be  on  Friday  the  28ih  instant. 

*  *  *  * 

— \N.  Y.  Gen.  Assem.  Journal,  1743-1765,  p.  247. 


650  Copies  of  Documents  Relating  to  the 

October  28,  1748. 

*  *  *  * 

The  House  being  inform'd  that  the  Petitioners  against  the  Act  lately 
passed  in  the  Province  of  New-Jersey,  *  *  were  attending 

at  the  Door,  with  their  Council,  they  were  called  in,  and  after  being 
fully  heard,         *         *         they  were  directed  to  withdraw. 

Resolved,  That  the  several  Matters  which  the  said  Petitioners  have 
offered  *  *  be   taken   into   Consideration   by  this  House, 

To-morrow. 

*  *  *  * 
— \N.  Y.  Gen.  Assem.  Journal,  1748-1 765,  p.  251. 


October  29,  1748. 

The  Order  of  the  Day  being  read,  *  *  the  House  proceeded 
on  the  Consideration  thereof  accordingly. 

Resolved,  That  it  is  the  Opinion  of  this  House,  that  the  several 
Objections  made  by  the  aforesaid  Petitioners,  against  the  Act  lately 
passed  in  the  Province  of  New-Jersey,  for  running  and  ascertaining  the 
Line  of  Partition  and  Division  betwixt  the  Province  of  New-Jersey^ 
and  this  Colony,  are  strong  and  well  grounded. 

Ordered,  That  the  Petitioners  do,  if  they  think  fit,  prepare  authentick 
Copies  of  all  such  Writings  as  may  be  necessary  for  opposing  tho 
aforesaid  Act  lately  passed  in  the  Province  of  New-Jersey,  for  running 
and  ascertaining  the  Line  of  Partition  and  Division,  betwixt  the 
Province  of  New-Jersey,  and  the  Province  of  New  -  York  ;  and, 

That  the  Speaker  do,  as  soon  as  may  be  afterwards,  transmit  the 
same  to  Mr.  Charles,  Agent  for  this  Colony  in  Great- Britain,  with 
Directions  to  oppose  the  said  Act,  when  it  shall  be  transmitted  for  his 
Majesty's  Royal  Assent. 

A  Motion  was  made  by  Col.  Morris,  that  the  Expence  of  any  Appli- 
cation to  be  made  against  his  Majesty's  giving  his  Assent  to  a  Bill  for 
running  the  Line  between  New  -  York,  and  New-Jersey,  ex  parte,  and  of 
any  Solicitation  thereon,  be  borne  by  the  Persons  owning  the  Lands 
adjoining  to  the  said  Line;  and  a  Debate  arising  thereon,  Mr.  Gale 
moved  that  the  previous  Question  be  first  put,  whether  the  Question  on 
Col.  Morris's  Motion  should  be  now  put  ;  and  the  said  previous  Ques- 
tion being  accordingly  put,  it  was  carried  in  the  negative  in  Manner 
following,  viz.  [Ayes  3;  Noes,  15.] 

*  *  *  * 

— [N.  Y.  Gen.  Assem.  Journal,  1743-1765,  p.  251. 


Boundaries  of  the  State  of  New  York.  651 

September  6,  1750. 

*  *  *  * 

Mr.  Speaker  laid  before  the  House,  several  Letters  and  other  Papers, 
which  he  had  received  from  Mr.  Charles,  Agent  for  this  Colony  in 
Great- Britain ;  which  being  read, 

Ordered,  That  the  said  Letters  and  Papers  lie  on  the  Table  for  the 
Perusal  of  Members. 

*  *  *  * 
— [N.  Y.  Gen.  Assem.  Journal,  1743-1765,  p.  278. 


September  18,  1750. 

A  motion  was  made  by  Col.  Schuyler,  That  Mr.  Agent  Charles's 
Letter  of  the  25th  of  January,  1749-50,  wherein  he  desires  to  be 
informed,  whether  the  Expence  of  opposing  the  Jersey  Act,         *  * 

is  to  be  borne  by  the  Publick,  or  by  particular  Persons;  be  read:   And 
the  said  Letter  being  accordingly  read ; 

*  *  *  * 

Resolved,  That  the  Expence  of  opposing  the  Act,  passed  in  New- 
Jersey,  for  running  the  Partition  Line,  between  that  Colony  and  this,  be 
made  a  provincial  Charge,  and  be  borne  by  the  whole  Colony. 

— [N  Y.  Gen.  Assem.  Journal,  1743-1765,  p.  282. 


[Agent  Robert  Charles  to  Speaker  Jones.] 

Lesterfields  London  1"  March  1753. 
gjr  *  *  *  * 

The  Hearing  at  the  Board  of  Trade,  upon  the  Act  passed  in  New 
Jersey,  for  running  the  Division  Line  between  that  Colony  &  New  York, 

is  putt  off  till  April. 

I  am  with  great  Regard  *  * 

R.  CHARLES 
Honble  David  Jones  Speaker 

— [N.  Y  Col.  MSS.,  lxxvii,  69. 


[Agent  Robert  Charles  to  Governor  De  Lancey.] 

Lesterfields  London  13th  June  1753 
Upon  the  success1  I  have  had  in  opposing  the  Act  of  N  Jersey,  of 
which  I  have  given  a  particular  Account  in  my  Letters  to  Mr  Speaker, 

1  See  preliminary  Report  of  Lords  of  Trade,  made  June  7,  1753  (being  nearly 
identical  with  final  report  of  July  18,  1753),  M  T.  Col.  Doc.,  vii,  773.— [P. 


652  Copies  of  Documents  Relating  to  the 

to  which  I  pray  you  to  be  referred,  I  think  it  necessary  to  apply  myself 
to  you,  as  one  able  to  judge  well  and  soundly  for  the  Publick,  and  to 
lay  before  you  what  may  not  so  properly  be  communicated  to  Many. 

I  have  acquainted  Mr  Speaker  with  the  use  made  of  a  certain  Letter 
whereof  your  Brother  will  furnish  you  with  a  Copy,  I  think  I  can  easily 
guess  at  the  Adviser  &  Penman  of  it,  the  Injury  resulting  to  the  Pub- 
lick  from  such  Advice  may  possibly  at  a  proper  time  deserve  publick 
Consideration 

The  Injury  that  may  be  done  to  Individuals  from  ye  Endeavour  to 
expose  the  Minysinck  Patent  &  other  Grants  to  a  Ministerial  Revision 
here  will  likewise  require  Attention.  The  Book  produced  on  this 
Occasion  consisted  of  a  Collection  of  Variety  of  Papers  Draughts  & 
Maps,  authenticated  on  the  Oath  of  James  Alexander  Esqr ;  part  of 
this  oath  was  read,  &  the  Clerk  reading  further  than  a  particular  Place 
pointed  out  to  him,  I  think  there  is  the  oath  of  R.  Hunter  Morris  Esq' 
likewise  in  proof  of  this  Collection.  Some  Copies  of  Patents  were 
read,  expressing  no  number  of  Acres  granted,  &  of  others  where  the 
Bounds  are  left  indefinite,  and  Maps  were  Shewen  to  illustrate  these 
Grants,  of  the  Validity  of  which  I  soon  perceived  a  Doubt  came  to  be 
entertained,  but  that  was  not  the  Business  of  the  Day,  tho'  it  might  be 
the  kind  Intention  of  those  who  had  thus  staged  them  for  publick 
Review.  I  intend  to  come  at  a  Copy,  if  possible,  of  this  whole  Affidavit, 
tho'  I  doubt  whether  it  will  be  granted  ;  but  as  the  valuable  Collection 
contained  in  this  Book  is  under  the  Seal  of  New  York  with  a  Certificate 
of  the  Governor  prefixed,  I  apprehend  some  Entry  must  be  made  hereof 
in  the  Secretarys  Office,  or  stand  upon  some  Record  in  your  Govern- 
ment which  would  be  well  worth  searching,  for  I  apprehend  that  a 
thorough  Disquisition  into  this  Affair  upon  the  Spott  would  bring  no 
Credit  to  the  Compilers  of  this  Collection. 

The  clandestine  Entry  on  the  Records  of  your  Government  of  the 
Return  of  the  Jersey  Survey,  25  years  after  the.  Transaction,1  in 
Opposition  to  the  Proceedings  in  Council  for  annulling  the  Same 
should  likewise  in  my  humble  Opinion  be  enquired  into,  &,  if  it  can  be 
legally  done,  that  Entry  ought  to  be  expunged. 

The  Act  of  New  Jersey  being  now  sett  aside,  it  may  be  a  Question, 
whether  on  the  Offer  I  have  made  in  behalf  of  New- York  to  joyn  in  a 
Commission  under  the  Great  Seal  for  running  the  Partition  Lines,  the 
Jersey  Proprietaries  will  come  into  the  Proposal,  for  possibly  they  may 
still  insist  on  the  Validity  of  what  was  done  in  1719,  tho'  it  has  received 
no  Confirmation  from  the  Crown  ;  I  on  the  other  hand  will  joyn  in  no 
Commission  unless  all  the  Boundaries  are  left  to  be  ascertained  on  the 
Foot  of  the  Original  Grants. 

1  See  foot  note  on  page  615,  ante.— [P. 


Boundaries  of  the  State  of  New  Yore.  653 

I  have  been  surprized  to  find  the  Notion  so  general  in  your  Colony, 
that  the  Latitude  of  41  &  40,  &  not  the  Branch  of  Delaware  supposed 
to  lie  in  that  Latitude,  is  the  northern  Boundary  of  Jersey — The 
Petition  of  divers  Persons  to  Mr  President  Schuyler  in  the  year  1719, 
in  opposition  to  the  Jersey  Proprietaries,  considers  it  in  this  Light. 
Govr  Hunter  &  the  Council,  who  joyned  in  a  Memorial1  in  answer  to 
Objections  made  against  the  Confirmation  of  your  Act  of  1717,  con- 
sider it  in  like  manner.  I  could  wish  that  you  would  review  these  Pro- 
ceedings, and  as  in  the  Petition  mention  is  made  of  divers  Maps  & 
Draughts,  it  would  be  well  that  they  could  be  come  at  &  examined;  I 
have  had  none  sent  me  that  would  bear  publick  View,  &  have  therefore 
been  obliged  in  a  great  measure  to  grope  out  my  own  Way. 

From  the  Researches  I  have  made,  it  is  evident  to  me,  that  about  the 
time  of  these  Grants,  Places  &  remarkable  Land  Limits  were  all  laid 
down  much  more  northerly  than  later  Observations  have  placed  them, 
this  holds  true  with  respect  to  the  Forks  of  Delaware,  and  as  that 
River,  in  My  Opinion,  was  then  but  little  known  beyond  that  great  & 
remarkable  Division,  I  had  early  a  strong  Prepossession  that  the  odd 
Minutes  of  Latitude,  tacked  to  the  Description  of  a  Branch  of  this 
River  must  have  been  given  from  some  Knowledge  or  Belief  that  this 
remarkable  Division  lay  in  41  &  40 ;  I  have  indeed  yet  mett  with  no 
authentick  old  Maps  that  fully  establish  this  Construction  :  But  a  modern 
one,  taken  from  ancient  ones,  has  come  into  my  hands,  published  by 
Direction,  &  under  the  Inspection  of  Mr  Paris,  Sollicitor  for  Mr  Perm 
in  the  Dispute  between  him  and  Lord  Baltimore  (now  Sollicitor  for  the 
Jersey  Interest)  with  a  View  to  Mr  Penns  Cause ;  this  is  said  to  be  "  A 
"Map  of  Virginia  according  to  Cap1  John  Smiths  Map  published  Anno 
"  1606,  Also  of  the  adjacent  County  called  by  the  Dutch  Niew  Neder- 
"lant  Anno  1630  By  John  Senex  1735"  By  which  Map  the  only 
remarkable  Division  of  Delaware,  there  called  River  May,  after  that  of 
Skuylkill  below  Philadelphia  is  there  expressly  laid  down  in  the  very 
Latitude  of  41  &  40,  New  York,  then  called  New  Amsterdam  being 
laid  down  in  41  D  I  think  I  shall  be  able  to  trace  the  Source  from 
whence  this  map  was  taken,  &  besides  my  Searches  here,  I  have  wrote 
into  Holland  to  find  out  the  Draughts  &  Maps  which  the  Amsterdam 
Company  had  of  this  Country  at  the  time  it  was  surrendered  to  the 
Crown. 

If  this  Exposition  of  the  Boundary  can  be  maintained,  the  Jerseys 
will  be  pared  very  considerably,  and  to  strengthen  this  Exposition,  I 
hope  it  may  be  made  out,  that  beyond  the  Forks  the  River  was  never 
called  Delaware,  but  Fishkill,  on  which  head  I  send  you  a  few  concise 
thoughts  which  I  drew  up  &  putt  into  the  hands  of  some  friends.     I 

1  No  copy  of  this  Memorial  has  been  found. — [P. 


654  Copies  of  Documents  Relating  to  the 

am  aware  that  an  Objection  still  lies  behind  viz'  that  as  the  Grant  gives 
by  Latitude  a  more  northern  Boundary  on  Delaware  than  on  Hudsons 
River,  it  must  appear  strange  to  make  that  on  Delaware  appear  more 
Southerly,  as  the  Forks  are  said  by  modern  Observation  to  lye  nearly 
in  40  &  40.  This  has  its  Difficulty,  but  as  the  Latitude  on  Hudsons 
River  admits  of  no  Dispute,  it  must  be  contended  that  the  Branch  of 
Delaware,  and  not  the  Latitude  by  which  that  Branch  is  described,  is 
the  true  and  only  Northern  Boundary,  and  that  the  Duke  of  Yorks 
Grant  is  limited  by  Delaware  River. 

It  will  give  me  great  Pleasure  to  have  your  thoughts  on  this  Subject, 
as  well  as  on  the  proper  Method  for  executing  the  Commission  that  may 
be  issued.  Much  will  depend  on  the  Choice  of  able  Men  for  that  Pur- 
pose. The  Jersey  Proprietaries  spare  neither  Cost  or  Pains  to  carry 
their  Point,  &  I  hope  your  Govern m'  will  shew  themselves  equally 
resolute  to  maintain  theirs. 

Your  obliged  &  most  obed'  humble  Servant 

R  CHARLES 
— [N.  Y.  Col.  MS&,  lxxvii,  106. 


[Opinion  op  Mr.  Charles.] 

June  13,  1753. 

That  the  Forks  of  Delaware  are  the  Ne  plus  ultra  of  the  Northern 
Boundary  of  Jersey.  —  And  that  the  Latitude  of  41  Deg.  &  40  M.  on 
Fishkill  River  is  an  erroneous  Boundary,  is  evident. 

1*  Because  King  Charles's  Grant  to  the  Duke  of  York  is  confined  to 
Delaware  Bay  &  River  —  where  that  Bay  &  River  do  not  exist,  this 
Grant  cannot  operate.  —  Now  all  the  Lands  from  the  Forks  of  Delaware 
to  the  Latitude  of  41  &  40  on  Fishkill  River  (a  Distance  of  about  70 
Miles  on  a  streight  Line)  are  manifestly  not  on  Delaware  River.  For 
this  River  is  not  formed  till  the  Conjunction  of  the  two  Streams  at  the 
Forks;  there  Delaware  River  begins.  Which  Exposition  is  supported 
even  by  our  adversaries,  for  the  Return  of  the  Jersey  Survey  expresly 
says  that,  the  Fishkill  is  the  biggest  &  chief  est  Stream  that  forms  the 
River  Delaware. 

2d!y  Because  the  Kings  Grant  to  the  Duke  giving  him  no  Lands  lying 
on  Fishkill  River,  the  Duke  could  grant  none  to  the  Proprietaries  ot 
Jersey. 

3d!y  Because  by  the  Dukes  Grant  to  these  Proprietaries,  the  Branch 
itself  and  not  the  Latitude  is  the  northern  Boundary,  the  Latitude  is 
only  descriptive  of  the  Branch,  which  is  said  to  lye  in  41  &  40,  &  the 
Boundary  is  as  far  as  this  Branch,  but  not  up  the  Branch  or  to  any  part 
of  it. 


Boundaries  of  the  State  of  New  York.  655 

4,h.'T  Because  the  Forks  of  Delaware  ai-e  a  most  remarkable  natural 
Boundary,  which  at  the  time  of  the  Grant  might  be  well  known  & 
therefore  referred  to,  tho'  there  might  be  a  mistake  of  the  Latitude  in 
which  they  were  thought  to  lye. 

oth.ly  Because  these  Forks  by  the  ancient  Geography  of  the  Country 
(the  only  Guide  to  the  Grant)  are  laid  down  in  41  Deg.  &  40  minutes, 
which  if  clearly  made  out  must  putt  an  End  to  the  Controversy. 

Note.  These  Forks  by  modern  observation  lye  almost  exactly  a 
Degree  to  the  southward,  to  witt,  in  the  Latitude  of  40  &  40. 

New  York  City  lies  nearly  in  the  same  Latitude  of  40  &  40,  tho' 
formerly  laid  down  in  41  Deg. 

By  confining  the  northern  Boundary  to  these  Forks  instead  of  the  Lati- 
tude in  which  they  were  thought  to  lye,  a  more  natural  and  consistent 
Boundary  is  established,  than  that  monstrous  One  contended  for  by  the 
Jersey  Proprietaries,  which  on  the  face  of  every  Map  must  appear 
unnatural  and  absurd. 

[Endorsement :]  Ms  Charles  Reason  for  the  Forks  of  Dala  being  the 
Ne  plus  ultra  of  Jersey  inclosed  &  referred  to  in  his  Lre  of  13  June 
1753 

— [N.  Y.  Col.  MSS.,  lxxvii,  107. 


[In  N.  Y.  General  Assembly.] 

June  28,  1753. 

*  *  *  * 
Gentlemen, 

The  inclosed  Papers  I  have  laid  before  his  Majesty's  Council,  who  are 
of  Opinion,  that  as  the  Matter  has  been  heretofore  under  the  Considera- 
tion of  the  General  Assembly  of  this  Province,  I  should  lay  them  again 
before  the  House,  for  their  further  Consideration. 

G.  CLINTON. 

Flushing,  June  28,  1753. 

*  *  *  * 

A  Representation  of  Theodorus  Snediker,  and  Samuel  Gale,  Esquires, 
Representatives  for  the  County  of  Orange,  to  his  Excellency;  setting 
forth,  in  Behalf  of  the  People  who  live  in  that  Part  of  the  County  of 
Orange  which  lies  nearest  to  the  Government  of  Neio-Jersey,  the  great 
Hardships  and  Inconveniences  which  they  are  Continually  Exposed  to, 
by  the  sinister  and  irregular  Practices  of  the  Agents  for  the  Proprietors 
of  New-Jersey. 

*  *  *  * 

And  a  Copy  of  a  Minute  of  the  Council  of  Proprietors  of  the  Eastern 
Division  of  New- Jersey,  held  at  Perth- Amboy,  the  29th  March,  1753; 


656  Copies  of  Documents  Relating  to  the 

in  which  it  was  concluded,  that  the  Proprietors  would  defend  the 
Proceedings  of  their  Agents. 

And  then,  A  Petition  of  the  Freeholders  and  Inhabitants  of  Orange 
County,  was  presented  to  the  House;  setting  forth,  that  by  Reason  of 
the  Delay  in  the  Settlement  of  the  Line  between  this  Colony  and  the 
Province  of  New- Jersey,  they  are  daily  put  to  incredible  Hardships : 

*  *  *  * 
And  the  said  Representation,  [etc.],  being  severally  read, 
Resolved,  That  as  the  Matters  in  Dispute          *          *  are  now 

depending  before  the  Lords  Commissioners  for  Trade  and  Plantations, 
his  Excellency  be  humbly  addressed,  to  write  to  the  Governor  of  New- 
Jersey  on  that  Head,  and  to  take  such  other  Methods  as  he  shall  judge 
proper,  *  *  until  the  Matters  in  Dispute  with  Respect  to  the 
said  Boundaries  shall  be  finally  determined. 

*  *  *  * 

—\N.  T.  Gen.  Assem.  Journal,  1743-1765,  p.  347. 


[Governor  Belcher  to  Governor  Clinton.] 

Sir: 

Your  favour  of  the  1?  of  this  Month,  came  to  my  hands  the  9*?  with 
the  inclosed  minute  of  the  Assembly  of  your  Province  respecting  a 
Dispute  between  some  people  of  New  York  and  othei-s  of  New  Jersey 
about  their  lands. 

His  Majesty's  Council  of  this  Province,  are  to  meet  me  here  the 
21**  of  the  next  month,  when  I  shall  lay  before  them,  what  I  have 
received  from  your  Excellency  in  this  matter,  and  taking  their  Advice 
upon  it,  I  shall  immediately  Communicate  the  same  to  You,  and  shall  be 
ready  to  do  every  thing  in  my  power,  to  promote  a  good  Agreement, 
between  the  King's  Subjects  of  both  Provinces. 

I  am  with  much  Respect         *         * 
Elizabeth  Town  N  J  J  BELCHER 

July  11  :   1753. 
—\N.    T.  Col.  MSS.y  lxxvii,  141. 

[Report  of  Lords  of  Trade,  July  18,  1753.] 

To  the  King's  Most  Excellent  Majesty: 

May  it  please  your  Majesty:  We  have  lately  had  under  our  considera- 
tion an  act  passed  in  your  Majesty's  province  of  New  Jersey,  in  1747-8, 
entitled,  "An  act  for  running  and  ascertaining  the  line  of  partition  and 
division  betwixt  this  province  of  New-Jersey,  and  the  province  of 
New  York." 

And  having  been  attended  by  Mr.  Paris,  solicitor  in  behalf  of  the 


Boundaries  of  the  State  of  New  York.  657 

proprietors  of  the  eastern  division  of  New-Jersey,  with  Mr.  Hume 
Campbell  and  Mr.  Henley,  his  counsel  in  support  of  the  said  act;  and 
by  Mr.  Charles,  agent  for  the  province  of  New-York,  with  Mr.  Forrester 
and  Mr.  Pratt,  his  counsel  against  the  said  act;  and  heard  what  each 
party  had  to  offer  thereupon;  we  beg  leave  humbly  to  represent  to  your 
Majesty,  that  the  considerations  which  arise  upon  this  act  are  of  two 
sorts,  viz.  such  as  relate  to  the  principles  upon  which  it  is  founded,  and 
such  as  relate  to  the  transactions  and  circumstances  which  accom 
pany  it. 

As  to  the  first,  it  is  an  act  of  the  province  of  New- Jersey,  interested 
in  the  determination  of  the  limits,  and  in  the  consequential  advantages 
to  arise  from  it. 

The  province  of  New  Jersey,  in  its  distinct  and  sepai-ate  capacity,  can 
neither  make  nor  establish  boundaries;  it" can  as  little  prescribe  regula- 
tions for  deciding  differences  between  itself  and  other  parties  concerned 
in  interest. 

d  *  *  * 

As  we  are  of  opinion  that  the  present  a,ct,  without  the  concurrence  of 
other  parties  concerned  in  interest,  is  unwarrantable  and  ineffectual,  we 
shall  in  the  next  place  consider  what  transactions  and  proceedings  have 
passed  towards  obtaining  such  concurrence. 

*  *  *  * 

With  regard  to  the  transactions  on  the  part  of  New-York,  we  beg 
leave  to  observe,  that  whatever  agreements  have  been  made  formerly 
between  the  two  provinces  for  settling  their  boundaries;  whatever  acts 
of  assembly  have  passed,  and  whatever  commissions  have  been  issued 
by  the  respective  governors  and  governments;  the  proceedings  under 
them  have  never  been  perfected,  the  work  remains  unfinished,  and  the 
disputes  between  the  two  provinces  subsist  with  as  much  contradiction 
as  ever;  but  there  is  a  circumstance  that  appears  to  us  to  have  still  more 
weight,  namely,  that  those  transactions  were  never  properly  warranted 
on  the  part  of  the  crown;  the  crown  never  participated  in  them,  and 
therefore  cannot  be  bound  with  respect  to  its  interests  by  proceedings 
so  authorized. 

*  *  *  * 

This  being  the  case,  it  appears  to  us  that  governor  Hunter  ought  not 
to  have  issued  his  commission  for  running  the  line  above  mentioned, 
without  having  previously  received  the  royal  direction  and  instruction 
for  that  purpose ;  and  that  a  commission  issued  without  such  authority, 
can  be  considered,  with  respect  to  the  interests  of  the  crown,  in  no 
other  light  than  as  a  mere  nullity :  and  even  with  respect  to  New-York, 
we  observe  that  the  said  commission  is  questionable,  as  it  does  not 
follow  the  directions  of  the  above-mentioned  act,  passed  in  1717,  which 
42 


658  Copies  of  Documents  Relating  to  the 

declares,  tnat  the  commission  to  be  issued,  shall  be  granted  under  the 
joint  authority  of  the  governor  and  council  of  that  province. 
*  *  *  * 

It  has  been  alleged  that  the  crown,  by  giving  consent  to  the  aforesaid 
act,  passed  in  New- York  in  1717,  for  paying  and  discharging  several 
debts  due  from  that  colony,  &c.  concluded  and  bound  itself  with  respect 
to  the  subsequent  proceedings  had  under  the  commission  issued  by 
governor  Hunter;  but  the  view  and  purport  of  that  act  appear  to  us  so 
entire,  and  so  distinctly  formed  for  the  purpose  of  raising  money  and 
establishing  funds;  so  various  and  so  distinct  from  any  consideration 
of  the  disputes  subsisting  in  the  two  provinces,  with  respect  to  the 
boundaries ;  that  we  cannot  conceive  a  single  clause  in  so  long  and  so 
intricate  an  act,  can  be  a  sufficient  foundation  to  warrant  the  proceed- 
ings of  governor  Hunter  subsequent  to  it,  without  a  special  authority 
from  the  crown  for  that  purpose ;  and  there  is  the  more  reason  to  be  of 
this  opinion,  as  the  crown,  by  giving  its  assent  to  that  act,  can  be  con- 
strued to  have  assented  only  to  the  levying  money  for  a  future  purpose; 
which  purpose  could  not  be  effected  by  any  commission  but  from  itself; 
and,  therefore,  can  never  be  supposed  to  have  thereby  approved  a  com- 
mission from  another  authority,  which  was  at  that  time  already  issued, 
and  carrying  into  execution,  previous  to  such  assent. 

We  further  beg  leave  humbly  to  represent  to  your  Majesty,  that  the 
line  of  partition  and  division  between  your  Majesty's  province  of  New- 
Yoi-k  and  colony  of  Connecticut,  having  been  run  and  ascertained, 
pursuant  to  the  directions  of  an  act  passed  at  New- York  for  that  pur- 
pose, in  the  year  1719,  and  confirmed  by  his  late  Majesty  in  1723;  the 
transactions  between  the  said  province  and  colony,  upon  that  occasion, 
have  been  alleged  to  be  similar  to,  and  urged  as  a  precedent,  and  even 
as  an  approbation  of  the  matter  now  in  question:  but  we  are  humbly 
of  opinion  that  the  two  cases  are  materially  and  essentially  different. 
The  act  passed  in  New- York,  in  1719,  *  *  recites,  that  in  the 
year  1683,  [etc.,  giving  summary  of  proceedings,  including  royal  con- 
firmation in  1700].  From  this  recital  it  appears  to  us,  that  those 
transactions  were  not  only  carried  on  with  the  participation,  but 
confirmed  by  the  express  act  and  authority  of  the  crown;  and  that 
confirmation  made  the  foundation  of  the  act  passed  by  New- York, 
for  settling  the  boundaries  between  the  two  provinces ;  of  all  which 
authority  and  foundation  the  act  we  now  lay  before  your  Majesty 
appears  to  us  to  be  entirely  destitute. 

Upon  the  whole,  as  it  appears  to  us  that  the  act  in  question  cannot  be 
effectual  to  the  ends  proposed;  that  your  Majesty's  interest  may  be 
materially  affected  by  it,  and  that  the  proceedings  on  which  it  is 
founded  were  not  warranted  in  the  first  instance  by  the  proper  author- 


Boundaries  of  the  State  of  JVew  York.  659 

ity,  but  carried  on  without  the  participation  of  the  crown ;  we  cannot 
think  it  advisable  to  lay  this  act  before  your  Majesty,  as  fit  to  receive 
your  royal  approbation. 

Which  is  most  humbly  submitted, 

Dunk  Halifax, 

J.  Grenvtlle, 

James  Oswald, 

Andrew  Stone. 
Whitehall,  July  18, 1753. 

— [Smith's  Hist,  of  N.  K,  i,  239  (N.  Y.  Hist.  Soc.  Ed.,  1829). 


[Thoughts,  etc. — Agent  Robert  Charles?] 

Nov.  1753. 

Thoughts  upon  this  Question 

How  shall  the  Province  of  New  York  take  the  Benefit  of  the  Report 
of  the  Lords  Commissioners  of  Trade  and  Plantations  made  to  his 
Majesty  on  the  18th  July  1753? 

In  answer  I  observe  first,  That  according  to  the  Tenor  of  their  Lord- 
ships' Report  nothing  has  been  done  to  bind  the  Crown  in  the  Points 
of  Jurisdiction,  Seignory,  or  Property  as  to  its  Right  of  and  in  the 
Province  of  New  York,  nor  can  be  done,  unless  by  Commission  Issued 
judicially  to  determine  its  Rights  in  these  Points  or  Agreements  between 
both  Colonies  Confirmed  by  Royal  Assent. 

Secondly,  that  all  the  Acts  of  New  York  and  New  Jersey,  and  Gov- 
ernor Hunter's  Commission,  the  Tripartite  Deed  and  the  Observation 
of  Latitude  and  Random  Line  in  1719,  and  all  Acts  of  New  Jersey  and 
even  of  New  York  (having  been  transacted  without  the  Participation 
of  the  Crown)  either  at  that  time,  or  before,  or  since,  are  not  Conclusive 
and  binding,  either  upon  the  Crown,  or  Parties  Claiming  in  Right  of 
the  Province  of  New  York  or  New  Jersey,  but  the  Controversy  between 
both  Provinces  is  reduced  by  their  Lordships'  Report  to  just  the  same 
state,  as  if  the  Duke's  Grant  to  John  Lord  Berkely  and  Sir  George 
Cartaret  had  not  been  a  Year  old.  This  Second  Observation  is  but  a 
Consequence  of  the  first,  but  deduced  with  a  more  particular  and 
pointed  Application. 
Thence 

I  Query,  whether  it  will  not  be  the  Interest  of  the  Province  of  New 
York,  to  take  the  first  Opportunity  to  declare  its  Consent  to  joyn  in 
Application  to  his  Majesty  with  the  Province  of  New  Jersey  for  a  Com- 
mission to  ascertain  that  Line  and  to  bear  one  half  of  the  Expense. 

It  seems  to  be  the  Interest  of  both  Provinces,  to  these  Ends 

1-    To  Preserve  the  Public  Peace. 


660  Copies  of  Documents  Relating  to  the 

2dl7  To  ascertain  the  Rights  of  Jurisdiction  &  Government 

3«y  To  fix  the  Limits  of  the  Seignory  and  Property  of  the  Crown 

4thIy  The  Private  Property  of  the  Lands  on  each  side. 

It  seems  proper  to  be  done  speedily,  because  possibly 

l8.'  New  Jersey  will  now  think  it  their  Interest  to  Consent  to  it,  tho' 
Every  mention  of  this  in  private  Conversation  for  several  years  past  has 
been  Treated  with  disdain. 

2dl7  If  they  refuse  it,  it  will  Enable  New  York  to  retort  the  Charge 
of  Delay  on  New  Jersey  and  lay  the  Consequences  of  it  at  their  Door. 

3dl7  It  may  prevent  their  Attempt  (pursuant  to  the  Memorial  of  the 
New  Jersey  Proprietors  to  their  Governor  of  20'."  November  1753)  to 
extend  their  Jurisdiction  to  the  Random  Line  of  1719,  which  if  opposed 
will  probably  occasion  Bloodshed  or  if  not  opposed  will  put  a  great 
Number  of  Possessions  within  their  Province,  in  the  Power  of  their 
Courts  and  doubtless  occasion  an  Ejectment  of  the  New  York  Tenants 
against  whom  they  have  got  judgment. 

4th,y  It  seems  that  no  time  can  be  more  favourable  to  New  York  than 
the  present  time,  while  the  weight  of  their  Lordships'  Arguments  will 
be  more  sensibly  felt,  both  at  home  and  within  this  Province,  than 
probably  hereafter,  when  matters  are  more  cool  and  the  Present  Impres- 
sion abated  or  worn  out. 

5tMy  j^  principa]  Reason  is  this,  that  New  York  is  less  attentive  to  its 
Interest,  than  New  Jersey  and  it  is  Evident,  that  within  a  few  Years 
they  have  gained  much  Ground  of  New  Yoi'k  and  with  the  utmost  Art, 
Vigilance  and  Expence  are  settling  themselves  along  that  Line  that 
they  pretend  to  have  settled  by  their  Observations  in  1719. 

g*hiy  New  York  can  hardly  imagine  any  Conjuncture  more  favourable 
to  its  Interests  than  the  present,  when  probably  their  Lordships'  Rea- 
sons will  have  their  full  weight  with  the  Commissioners  and  perhaps 
may  have  some  influence  on  the  Commission  itself  which  may  direct 
the  Line  to  be  run  from  Delaware  River,  where  that  Branch  joins  the 
River,  that  hath  an  Extension  to  the  Latt.  of  41°  40m  and  if  Two  or 
more  branches  extend  to  that  Latitude  then  from  the  northermost  of 
them  to  the  Latitude  of  41°  on  Hudson's  River.  Whether  the  legal 
sense  of  the  Words  to  the  Branch  or  as  far  as  the  Branch  or  whether 
the  term  of  41°  40m  on  the  Branch  expresses  the  Term  ad  quern  from 
Cape  May  and  a  quo  to  Hudson's  River  may  as  well  be  determined  in 
England  as  in  America.  And  if  this  point  pass  in  favour  of  New  York 
and  the  Commission  so  direct,  the  Commissioners  will  have  little  more 
to  do,  than  to  fix  one  Latitude  and  one  Line.  The  Term  at  the  Forks 
will  be  fix'd  by  Inspection,  and  it  will  not  be  very  material  which  of 
the  Forks  is  the  northermost  branch,  and  no  Branch  is  pretended  more 
northerly  than  these. 


Boundaries  of  the  State  of  New  York.  661 

As  to  the  Commissioners 
Care  should  be  taken,  that  neither  New  Hampshire,  Massachusetts 
Bay,  Connecticut  nor  Pensylvania  furnish  any  of  Them. 
—\_N  Y  Col.  MSS.,  Ixxviii,  11. 


[In  N.  Y.  Council.] 

July  28^  1753. 

*  *  *  * 

His  Excellency  laid  before  the  Board  a  Letter  of  the  U1.11  Instant, 
from  Governor  Belcher  advising  the  Receit  of  his  Excellency's  Letter 
of  the  Is.'  Instant,  with  the  inclosed  Minute  of  the  Assembly  of  this 
Province,1  respectg  a  Dispute  between  some  People  of  New  York, 
and  New  Jersey,  about  their  Lands,  who  live  upon  the  Borders  of  the 
two  Governments :  Which  Papers  he  will  lay  before  the  Council  of  that 
Government  on  the  21-  of  next  Month,  and  communicate  to  his 
Excellency  their  Advice  thereupon. 

*  *  *  * 
— [N.   Y.  Council  Minutes  (MS.),  xxiii,  91. 


To  His  Excellency  Jonathan  Belcher,  Esq;  Captain  General  and 
Governor  in  Chief  of  the  Province  of  New-Jersey,  and  Territories 
thereon  depending  in  America,  Chancellor  and  Vice-Admiral  in 
the  same. 

The  Memorial  of  the  Council  of  Proprietors  of  the  Eastern  Division 

of  New- Jersey. 

[November  20,  1753.] 
May  it  Please  Your  Excellency, 

In  Obedience  to  Your  Excellency's  Order  in  Council,  of  the  22d  Day 
of  August  last,  by  which  your  Excellency  ordered  the  Secretary,  to  serve 
upon  your  Memorialists,  a  Copy  of  Governor  Clinton's  Letter  of  the 
first  of  July  last,  inclosing  a  Copy  of  a  Minute  of  the  Assembly  of 
New  -  York,  of  the  28th  Day  of  June  last ;  and  to  acquaint  your  Memo- 
rialists, that  your  Excellency  expected  an  Answer  thereto,  at  the 
Meeting  of  the  Council  on  the  21st  Day  of  November  then  next :  Your 
Memorialists  now  beg  Leave,  humbly  to  lay  before  your  Excellency, 
their  Answer  thereto,  as  follows; 

I.  King  Charles  the  Second,  by  Letters  Patent,  bearing  Date  the  12th 
of  March,  1663-4,  granted  to  his  Brother  James  Duke  of  York,  in  Fee» 
sundry  Tracts  of  Land  in  America,  whereof  the  now  Province  of  New- 
York,  and  the  now  Province  of  Neic-Jersey,  were  Part. 

1  That  of  June  28;  see  page  655,  ante. — [P. 


662  Copies  of  Documents  Relating  to  the 

II.  James  Duke  of  York,  by  Deeds  of  Lease  and  Release,  dated  the 
23d  and  24th  of  June,  1664,  granted  to  John  Lord  Berkley,  and  Sir 
George  Carteret,  in  Fee,  the  now  Province  of  New- Jersey,  described 
as  follows,  viz.  "All  that  Tract  of  Land  adjacent  to  New-England,  and 
"  lying  and  being  to  the  Westward  of  Long-Island  and  Manhattan's 
"  Island,  and  bounded  on  the  East  Part  by  the  main  Sea,  and  Part  by 
"  Hudson's  River,  and  hath  upon  the  West  Delaware  Bay  or  River,  and 
"  extending  Southward  to  the  main  Ocean  as  far  as  Cape-Mag,  at  the 
"  Mouth  of  Delaware  Bay,  and  to  the  Northward  as  far  as  the  norther- 

'  most  Branch  of  the  said  Bay  or  River,  which  is  in  41°  40'  of  Latitude, 
"  and  crosseth  over  thence  in  a  streight  Line  to  Hudson's  River,  in 
"41°  of  Latitude." 

III.  Sir  George  Carteret,  and  the  Assigns  of  Lord  Berkley,  by  Deed 
quintipartite,  dated  the  first  Day  of  July  1676,  divided  New-Jersey 
between  them,  by  a  Line  from  Little  Egg-Harbour,  to  the  North  Par- 
tition Point  of  New-Jersey  on  Delaware  River;  by  which  Deeds  of 
Partition  the  Eastern  Part  was  released  to  Sir  George  Carteret,  and  the 
Western  to  the  Assigns  of  Lord  Berkley :  By  which  it  appears,  that 
West-New-Jersey  had  no  Concern  with  the  Line  between  New-Jersey 

and  New  -York,   except   only   in   the   North   Partition   Point  on   the 
Northermost  Branch  of  Delaware. 

IV.  East- New- Jersey,  by  sundry  mean  Conveyances  under  Sir  George 
Carteret,  became  vested  in  twenty-four  Persons,  commonly  called  the 
twenty  four  Proprietors  of  East-Jersey  ;  to  whom  the  said  James  Duke 
of  York,  by  Deed  dated  the  14th  of  March,  1681-2,  after  reciting  the 
said  Grant  to  Lord  Berkley  and  Sir  George  Carteret,  and  the  said 
quintipartite  Deed  of  Partition,  released  and  confirmed  East-New- Jersey, 
according  to  the  Bounds  agreed  on  by  the  said  Partition  Deed,  with  all 
Islands,  Bays,  Rivers,  &c.  and  all  Royalties  and  Powers  of  Government, 
in  a  more  full  and  express  Manner  than  they  before  had  been  granted. 

V.  In  and  before  the  Year  1671,  the  Latitude  of  41°  upon  Hudsorts 
River,  was  esteemed  to  extend  beyond  Haverstraw,  which  is  about 
fourteen  Miles  Northward  from  the  Mouth  of  Tapan  Creek:  For  it 
appears,  that  the  Lands  at  Haverstraio,  and  all  the  Lands  fronting  on 
the  West  Side  of  Hudson's  River,  Southward  from  Haverstraw  to  the 
Mouth  of  Tapan  Creek,  were  either  purchased  of  the  Indians  as  in 
New-Jersey,  or  granted  by  Patents  under  the  Seal  of  New-Jersey;  and 
those  Lands  were  actually  settled  and  improved,  and  continued  under 
the  jui-isdiction  of  New- Jersey,  'till  the  Year  1684. 

VI.  In  the  Year  1684,  or  1685,  Thomas  Dongan,  then  Governor  of 
New -York,  and  Gawen  Lawrie,  then  Governor  of  East- New- Jersey, 
with  their  respective  Councils,  met  together  at  or  near  Tapan :  and 
after  sundry  Observations  for  finding  the  Latitude  of  forty  one  Degrees 


Boundaries  of  the  State  of  New  York.  668 

on  Hudson's  River,  agreed  that  the  Station  Point  between  New  -  York 
and  New-Jersey,  should  be  the  Mouth  of  Tapan  Creek,  where  it  falls 
into  Hudson's  River,  and  that  a  streight  Line  from  the  Latitude  of  forty 
one  Degrees,  and  forty  Minutes,  on  the  northermost  Branch  of  Delaware, 
should  be  run  there  for  the  Partition  Line.  This  Agreement  we  have 
often  heard  was  upon  Record  in  New-Jersey,  but  after  the  utmost 
Search,  your  Memorialists  cannot  find  it;  but  believe  it  must  have  been 
recorded  in  the  Minutes  of  the  Governor  and  Council  of  East-New- 
Jersey,  during  the  Government  of  the  twenty  four  Proprietors;  which 
Minutes  none  of  your  Memorialists  ever  saw,  nor  are  they  to  be  found 
in  any  publick  Office  in  New-Jersey,  nor  any  where  else  that  your 
Memorialists  know  of:  But  tho'  your  Memorialists  can  find  no  Instru- 
ment on  Record  of  every  Part  of  the  above  Agreement,  yet  they  can 
point  to  other  Matters  on  Record  preparatory  to  it,  and  reciting  and 
referring  to  it,  both  in  New  -  York  and  New- Jersey,  within  less  than  two 
Years  of  that  Time;  which  your  Memorialists  think  will  leave  no  doubt 
but  that  such  an  Agreement  was,  notwithstanding  the  next  following 
Article. 

VII.  Andrew  Robinson,  Surveyor  General  of  West- New- Jersey,  and 
Philip  Wells,  Surveyor  General  of  New  -  York,  certify  in  these  Words, 
"  By  two  sundry  Observations  of  the  Sun's  meridional  Altitude,  made 
"the  eighth  and  twenty  ninth  Days  of  September  1686,  it  appeared,  and 
"  was  manifest  to  Philip  Wells,  George  Keith  and  my  self,  Observers, 
"  that  the  fortieth  and  one  Degree  of  Northern  Latitude  upon  Hudson's 
"  River,  is  one  Minute  and  twenty  five  Seconds  to  the  Northwards  of 
"Yonkers  Mills,  and  so  falls  upon  the  high  Cliffs  upon  the  Point  of 
"  Tapan,  on  the  West  side  of  said  River."  As  by  the  Record  thereof 
in  the  Secretary's  Office  of  New -York,  in  Book  of  General  Entries  1686, 
Page  49,  appears. 

Upon  which  your  Memorialists  beg  Leave  to  observe, 

1st,  That  no  Authority  appears  to  have  been  given  for  taking  the  two 
Observations  certified. 

Idly,  It  appears  not  by  that  Certificate,  that  it  had  any  relation  to 
the  Pai-tition  Line  between  New  -  York  and  New- Jersey. 

Sdly,  It  appears  that  the  Certificate  was  made  exparte ;  for  Andrew 
Robinson,  Surveyor  General  of  West-Jersey,  had  no  Concern  with  the- 
Partition  Point  upon  Hudson's  River,  for  Reasons  under  the  third 
article  before. 

Athly,  By  actual  Surveys  since  made,  it  appears,  that  the  Place  for 
the  Latitude  of  41°  so  certified,  is  four  Miles  and  forty  five  Chains 
South  from  the  Mouth  of  Tapan  Creek;  then  lately  agreed  on  for  the 
Station  Point,  as  by  the  6th  Article. 

hthly,  Your  Memorialists  have  Reason  to  believe,  that  the  Observa- 


664  Copies  of  Documents  Relating  to  the 

tions  so  certified,  were  made  with  a  wooden  Quadrant;  which  is  quite 
unfit  for  observing  the  Latitude  of  a  Place  to  a  nearer  Exactness  than 
five  Minutes. 

Qthly,  Two  Observations  were  too  few,  even  with  a  good  Instrument, 
to  draw  any  certain  Conclusion  from,  in  such  a  Point. 

VIII.  In  the  Year  1717,  the  Legislature  of  New -York  pass'd  an  Act, 
wherein,  amongst  other  Things,  they  appropriated  300  /.  for  the  Charge 
of  running  the  Line,  with  Consent  of  New- Jersey ;  and  other  300  I.  for 
running  the  Line  of  Connecticut;  and  enact,  that  the  Lines  so  run 
shall  be  conclusive.  This  Act  had  the  Royal  Assent  on  the  19th  of 
May,  1720.1 

IX.  In  the  Year  1718,  the  Legislature  of  New- Jersey,  pass'd  an  Act  for 
appointing  Commissioners  and  Surveyors  for  running  the  Line  with 
Consent  of  JSew-York /  and  enact  it  to  be  conclusive.  And  Another 
Act  for  running  the  Line  between  East  and  West-Jersey,  and  for  raising 
the  Charge  of  running  both  Lines  upon  the  Estates  of  the  general 
Proprietors. 

X.  In  May  1719,  Commissioners  and  Surveyors  for  New -York,  for 
East-New- Jersey,  and  for  West-New- Jersey,  were  appointed  by  Commis- 
sions under  the  great  Seals  of  the  respective  Provinces,  for  running  the 
Line  between  New  -  York  and  New- Jersey. 

XL  On  the  25th  of  July,  1719,  after  many  Observations  of  the 
Latitude,  all  the  Commissioners  and  Surveyors  so  appointed,  did,  by 
Indenture  tripartite,  fix  the  North  Partition-point  on  the  Northermost 
Branch  of  Delaware ;  which  they  found  to  be  that  Branch  called  the 
Fish-kill,  and  exactly  describe  the  Place  of  the  Point:  Which  being 
done,  the  Commissioners  for  West-Jersey  had  no  further  Concern  with 
the  Line;  as  by  the  said  Indentures,  executed  by  every  one  of  the  said 
Commissioners  and  Surveyors,  and  recorded  in  New  -  York,  in  East- 
Jersey,  and  in  West-Jersey,  appears. 

XII.  The  Commissioners  for  West- New- Jersey,  having  no  further 
Concern  with  the  Line,  departed;  and  then  the  Commissioners  and 
Surveyors  of  New  -  York  and  East- Jersey,  made  an  Estimate  how  the 
Line  should  run  from  the  said  North  Partition-point  so  fixed,  to  the 
Partition-point  on  Hudson's  River  to  be  fixed;  and  esteemed  that  that 
Line  would  fall  120  Chains  North-Easterly,  on  a  Perpendicular  to  it 
from  Thomas  Swaarticootfs,  at  Mackhackamack,  (where  they  then 
were,  and  from  which  they  had  already  traversed  to  the  said  North 
Partition  point.)  and  appointed  John  Harrison  and  John  Chapman,  two 
Deputy  Surveyors,  to  run  and  mark  it  to  Hudson's  River,  from  the  End 
of  the  said  120  Chains;  which  they  did  accordingly,  marking  the  Num- 

'See  N.  Y.  Col.  Doc.,  v,  539.— [P. 


Boundaries  of  the  State  of  New  Yobk.  665 

ber  of  Miles  at  the  End  of  each  Mile  from  the  said  120  Chains;  and 
which  Line  so  run  and  raark'd,  fell  upon  Hudson's  River,  about  Five 
Miles  to  the  Northward  of  the  Mouth  of  Tapan  Creek,  aforesaid. 

XIII.  In  August,  1719,  the  Surveyors  of  New -York  and  East- Jersey-, 
went  to  Corbet's  old  House  on  Hudson's  River,  which  is  about  One 
Mile  South  from  the  Mouth  of  Tapan  Creek,  and  there  made  many 
Observations  for  finding  the  Latitude  of  41°.  But,  thro'  Sickness,  the 
Commissioners  came  not;  so  that  no  Agreement  was  concluded  as  to 
that  Station-point.  By  the  Mean  of  all  those  Observations,  the  Sur- 
veyor for  East- Jersey,  computed  that  the  Place  of  Observation  was 
57  Seconds,  and  51  Thirds  Northward  of  the  Latitude  of  41°,  and  that 
to  be  89  Chains  and  60  Links.1 

XIV.  The  Surveyor  for  New  -  York,  was  prevailed  on  to  decline  pro- 
ceeding in  the  said  Work:  And,  for  a  Colour,  sundry  Objections  were 
made  by  him  and  other  Persons,  to  what  had  been  done,  and  to  further 
proceeding;  Copies  whereof  are  hereunto  annexed;  *  *  and 
soon  afterwards,  the  President  and  Council  of  New -York,  ordered 
all  the  Remainder  of  the  £.300.  appropriated  for  that  Service,  to  be 
paid  to  the  Commissioners  and  Surveyor  of  New  -  York,  tho'  little  more 
than  Half  the  Work  was  done  by  them  ;  and  they  had  undertaken  to 
do  the  Whole  for  that  Sum:  which  was  fully  sufficient  for  performing 
the  whole  Work. 

XV.  On  the  12th  of  October,  1719,  the  Proprietors  of  East- New- Jersey, 
presented  a  Memorial  to  the  Commander  in  Chief  of  New-Jersey,  shewing 
the  Weakness  and  Untruths  of  the  said  Objections;  which  Memorial 
was  by  him,  laid  before  the  Council  of  New-Jersey,  and  a  Copy  thereof 
ordered  to  the  President  of  the  Council  of  New  -  York  ;  *  * 

XVI.  Many  Riots  and  Quarrels  happening  about  that  time  at  Mack- 
hackamack,which  is  Part  of  Minisinks,  between  the  Sioaartwoots,  settled 
under  New -York,  and  the  West/alls,  settled  under  New-Jersey:  The 
President  of  New-Jersey,  in  1719,  and  1720,  wrote  sundry  Letters  to  the 
President  of  New  -York,  pressing  the  running  the  Line,  to  prevent  the 
like  Riots  and  Quarrels  for  the  future;  but  they  had  no  Effect. 

XVII.  In  August,  1720,  Governor  Burnet  arrived,  with  one  Commis- 
sion to  be  Governor  of  New -York,  and  another  Commission  to  be 
Governor  of  New-Jersey:  To  whom  Complaints  were  severally  made, 
by  the  said  Swaartwoots  and  West/alls,  of  the  Riots  mutually  committed 
on  each  other:  And  after  several  Letters  from  him,  recommending  to 
them,  mutually  to  keep  the  Peace,  to  no  Effect;  he  ordered  a  Hearing 
of  all  Parties  before  him,  in  October,  1721,  when  after  a  solemn 
Hearing  of  their  Pretences,  both  Sides  were  ordered  to  be  bound  to 

1  We  have  not  been  able  to  find  any  original  records  corresponding  with  the  state- 
ments in  XII  and  XIII. —[P. 


666  Copies  of  Documents  Relating  to  the 

their  good  Behavior;  and  it  was  recommended  to  both  Parties  to  bring 
their  actions  at  Law;  which  they  accordingly  immediately  did,  in  the 
Supreme-Court  of  New -York;  and  wherein  James  Alexander,  was 
of  Council  for  the  Swaartwoots,  on  the  Part  of  New  -  York. 

XVIII.  In  October,  1722,  one  of  those  Causes  came  to  Trial,  when, 
by  Consent  of  the  Court,  and  of  the  Parties,  all  the  said  Causes  were 
referred,  by  Rule  of  Court,  to  the  Determination  of  Lewis  Mokris, 
then  Chief-Justice,  and  to  Robert  Walter,  then  Second-Judge  of  the 
Province  of  New -York,  which  Robert  Walter,  had  been  one  of  the 
Commissioners  aforesaid,  in  Behalf  of  New  -  York. 

XIX.  The  said  Referees  having  found,  upon  the  Evidence  of  the  said 
James  Alexander,  who  had  been  Surveyor  for  East- New- Jersey,  in  the 
Proceedings  concerning  the  Line  in  1719,  that  notwithstanding  the 
Commissioners  and  Surveyors  had  estimated  the  Line  of  Partition 
would  run  120  Chains  North-Eastward  of  Swaartivoofs,  as  in  Article  12 
before;  that  yet,  by  the  Observations  before,  in  Article  13,  the  true 
Line  would,  most  probably,  fall  between  Swaartwoots  and  WestfalV  &: 
And  the  said  Arbitrators,  finding  that  West/alls  had  taken  away  the 
Grain  of  Swaartwoots,  North-Eastwards  of  the  true  Line;  and  that 
Swaartwoots  had  taken  away  the  Grain  of  West/alls,  to  the  South- West- 
wards of  the  true  Line;  they  awarded  for  the  Plaintiffs,  in  every  of 
the  Actions,  as  by  the  Award,  filed  in  the  Term  of  October,  1723, 
appears;  which  put  an  End  to  these  Disturbances  at  Mackhackamack, 
and  prevented  the  committing  of  any  more  there:  Nor  did  any  Contest 
afterwards  arise  concerning  the  Line,  till  the  Year  1740,  that  your 
Memorialists  ever  heard  of. 

XX.  The  Owners  of  the  Patent  of  Cheescocks,  in  New  -  York,  which 
bounds  for  about  Sixteen  Miles  along  the  Line  between  New  -  York  and 
New-Jersey,  intending  a  Partition  of  that  Patent ;  They,  in  order  to  be 
as  certain  as  possible  of  the  Property  of  what  they  divided  amongst 
them,  employed  Charles  Clinton,  their  Surveyor,  to  discover  where  the 
Line  would  run  abreast  of  their  Patent  by  the  said  Observations  of 
1719;  which  he  did  in  April  1738;  and  no  Encroachments  have  ever 
since  been  made  on  either  Side  so  far  as  that  Patent  bounds. 

XXI.  Your  Memorialists,  at  their  sole  Expence,  have  since,  run  most 
of  the  Rest  of  that  Line. 

XXII.  In  the  Ye^ar  1740,  the  Magistrates  of  Orange  County,  pretend- 
ing to  have  received  a  Letter  from  the  Honourable  George  Clark,  Esq; 
then  Lieutenant  Governor  of  New  -  York,  a  Gentleman  considerably 
interested  in  the  Minisink  Patent;  which,  they  pretended,  authorized 
them  to  exercise  Jurisdiction  beyond  the  said  Line,  by  the  Observations 
of  1719:  Under  Colour  thereof,  they  then  began  to  exercise  Jurisdic- 
tion beyond  that  Line;  obliging  many  People  settled  under  New- Jersey, 


Boundaries  of  the  State  of  New  York.  667 

to  train  in  the  Militia  of  Orange  County,  and  to  pay  Taxes,  and  do 
other  Duties;  and  upon  their  Refusal  so  to  do,  fined  and  distrained 
them;  which  greatly  oppressed  the  People  of  New-Jersey,  within  some 
Miles  of  that  Line  :         *         * 

*  *  *  * 
XXVIII.  Your  Memorialists  finding  all  these  and  many  other  their 

Endeavours,  for  accomplishing  the  running  the  Line,  pursuant  to  the 
Acts  of  both  Provinces,  to  be  ineffectual,  and  remembering  that  the 
Province  of  New- York  had,  in  the  Year  1719,  made  an  Act  for  running 
the  Line  of  Connecticut,  exparte,  in  Case  the  Colony  of  Connecticut 
wound  not  join  amicably  in  the  doing  of  it ;  to  which  Act  the  Royal 
Assent  was  had,  and  which  Act  had  induced  Connecticut  to  join 
amicably  in  settling  that  Line  ;  Your  Memorialsts  then  thought,  that 
that  Method  which  New-  York  took  with  Connecticut,  would  be  the 
most  rational  Method  for  putting  an  End  to  the  Grievances  so  much 
and  so  often  complained  of  without  redress :  And  in  Order  to  it,  on  the 
seventh  of  September  1744,  a  Memorial  was  presented  to  the  Governor 
of  New-Jersey,  by  your  Memorialists,  signifying  their  Intention  of  pur- 
suing that  Method,  and  praying  his  Recommendation  thereof  to  the 
next  Assembly,  and  to  order  such  Notice  thereof  to  the  Government  of 
New  -  York,  as  he  should  think  proper. 

*  *  *  * 
XXXII.  In  March   1745-6,    three  of   your   Memorialists   Members, 

having  been  appointed  to  confer  with  a  Gentleman  of  the  Law  of  New- 
York,  (who  had  been  of  Council  for  your  Memorialists  for  many  Years) 
concerning  the  Actions  commenced  near  the  Line  :  Upon  that  Con- 
ference he  declined  being  concerned  as  Council  therein,  but  signified  his 
Willingness  to  become  a  Mediator  in  that  Affair  ;  which  being  reported 
to  your  Memorialists,  they  appointed  the  said  three  Gentlemen,  or  any 
two  of  them,  to  be  a  Committee,  to  treat  with  New  -  York  in  Writing, 
by  the  Means  of  that  Gentleman  as  a  Mediator :  And  accordingly,  by 
Letter  of  the  10th  of  April,  1746,  they  communicated  their  Powers  to 
that  Gentleman,  with  sundry  Propositions  for  amicably  settling  the 
Line  ;  both  which  that  Gentlemen  delivered  to  the  Gentlemen  of  New- 
York,  concerned  in  the  Line,  in  order  for  their  Answer  thereto :  And 
tho'  an  Answer  was  often  called  for  from  the  proposed  Mediator,  for 
above  a  Year  after  the  Delivery  thereof,  yet  he  as  often  declared  he 
had  have  received  none.  *  *  But  the  Oppressions  and  Complaints 
of  the  People  of  New-Jersey  still  continuing,  and  no  Hopes  whatsoever, 
remaining  of  the  People  of  New  -  York's  agreeing  to  the  settling  of  the 
Line  amicably  without  an  Act  ;  therefore,  the  Governor,  Council  and 
Assembly  of  New-Jersey,  in  February,  1 747-8,  pass'd  an  Act  for  run- 
ning the  Line  exparte,  if  New-  York  would  not  join  in  the  doing  of  it; 


668  Copies  of  Documents  Relating  to  the 

to  be  in  Force  when  the  Royal  Assent  was  had  thereto ;  providing, 
that  your  Memorialists  should  be  at  the  whole  Charge  thereof.  The 
enacting  Part  of  which  Act,  was  made  agreeable  to  the  said  Act  of 
New  -  York,  for  running  the  Line  of  Connecticut,  Exparte,  mentioned  in 
the  Twenty-Eighth  Article  ;  and  Commissioners  were  appointed  for 
running  the  Line,  with  Consent  of  New  -  York,  pursuant  to  the  Act  of 
1718,  mentioned  in  the  Ninth  Article. 

XXXIII.  The  Assembly  of  New  -  York  had  no  Agent  in  London  for 
a  Dozen  Years  before;  but  on  the  19th  of  March,  1747,  they  voted 
£.200,  for  an  Agent ;  and  on  the  9th  of  April  following,  the  Agent  is 
requested  by  them,  to  use  his  Endeavours  to  hinder  the  Royal  Assent 
to  the  said  Act,  until  they  were  heard  against  it:  And  £.200,  has  yearly 
been  voted  ever  since  to  that  Agent,  of  the  public  Monies  of  that  Prov- 
ince, which  to  many  People  seemed  extraordinary;  seeing,  by  the  New- 
Jersey  Act,  it  was  expressly  provided,  that  the  whole  Charge  of  nego- 
ciating  the  Royal  Assent  of  that  Act,  should  be  at  the  private  Expence 
of  your  Memorialists,  the  Owners  of  the  Soil  on  the  New-Jersey  Side  of 
the  Line :  And  whatever  Reason  was  for  your  Memorialists  to  be  at  the 
whole  Charge  on  that  Side,  there  was  like  Reason  for  the  Owners  of 
the  Soil  in  New  -  York,  to  be  at  the  whole  Charge  on  that  Side. 

XXXIV.  On  the  28th  June,  1748,  two  of  the  New-Jersey  Commis- 
sioners for  running  of  the  Line,  served  the  Governor  of  New  -  York  with 
a  Copy  of  the  Act,  by  shewing  him  an  Exemplification  of  it  under  the 
Great  Seal  of  New-Jersey,  and  delivering  him  a  Copy,  and  by  shewing 
him  their  Commission;  and  at  the  same  Time  delivered  to  him  a  Letter 
signed  by  them,  containing  the  Purpose  of  that  Service;  and  request- 
ing, if  any  Objections  were  to  the  Assent  to  the  Act,  to  communicate 
them,  hoping  they  could  obviate  them  to  his  Excellency :  And  if  in 
two  Months,  that  Government  would  signify  their  Consent  to  run  the 
Line  amicably,  by  the  Acts  of  1717,  and  1718,  that  they  would  wait  so 
long,  or  any  further  reasonable  Time,  before  sending  home  the  Act  for 
the  Royal  Assent. 

XXXV.  On  the  same  2Sth  of  June,  1748,  the  same  Persons  served, 
in  like  Manner,  the  said  Act,  on  the  President  of  the  Council,  and  the 
Speaker  of  the  Assembly  of  New  -  York  ;  and  gave  to  each  of  them  a 
Copy  of  the  said  Letter  to  the  Governor  of  New  -  York,  with  a  Letter  con- 
taining the  Purpose  of  the  Service,  and  requesting  the  communicating 
them  to  their  respective  Houses  then  sitting.  And  on  the  same  Day, 
the  Assembly  of  New  -  York,  by  their  Minutes,  own  the  said  Service; 
and  on  the  next  Day,  make  a  Minute,  deferring  the  Consideration  of 
the  Matter,  till  their  next  Meeting,  after  the  first  of  September  next, 
without  any  Desire  of  enlarging  the  Time  of  two  Months  before  pro- 
posed, or  Offer  of  communicating  any  Objections  to  the  said  Act. 


Boundaries  of  the  State  of  New  York.  669 

XXXVI.  Your  Memorialists  being  then  left  without  any  the  least 
Hopes  of  getting  the  Line  run  amicably,  by  Virtue  of  the  Acts  of  1717, 
and  1718,  without  his  Majesty's  Approbation  of  the  said  Act,  procured 
Proofs  under  the  Great  Seals  of  New  -  York,  and  New-Jersey,  of  most 
of  the  preceding  Facts,  and  in  the  Winter  of  1 748,  transmitted  dupli- 
cates of  them,  and  of  the  said  Act,  by  the  Captains  Bryant  and  Wad- 
dell,  to  Mr.  Paris,  their  Agent  at  London,  in  Order  for  obtaining  the 
Royal  Assent.  And  tho'  Mr.  Paris  used  his  utmost  Endeavours  for 
that  Purpose,  and  to  bring  the  Matter  to  a  Hearing;  yet  the  New  -  York 
Agent  got  the  Time  of  Hearing  put  off  from  Time  to  Time,  for  Four 
Years  running,  to  the  very  great  Charge  and  Delay  of  your  Memorial- 
ists; and  which  Charge  and  Delay,  its  improbable,  would  have  arisen, 
if  the  Charge  of  procuring  those  Delays  had  been  at  the  private 
Expence  of  the  Gentlemen  concerned  in  the  Line  on  the  New  -  York 
Side:  And  during  all  that  Time,  neither  the  Gentlemen  of  New -York, 
nor  their  Agent  in  England,  offered  any  Objections  to  the  said  Act, 
to  your  Memorialists  or  their  said  Committee,  or  their  Agent  in 
London  •  nor  made  any  Proposition  whatsoever,  of  any  other  Method 
more  proper  for  ascertaining  the  Line;  nor  did  the  New  -  York  Agent, 
on  the  two  Hearings  before  the  Lords  of  Trade,  offer  any  one  Piece  of 
Evidence  from  New  -  York,  that  the  Want  of  could  have  given  Cause 
for  his  said  Multitudes  of  Delays ;  but  insisted  on  the  reporting  against 
the  Act  from  what  appeared  on  the  Face  of  it,  without  any  extrinsick 
Evidence;  and  upon  reporting  against  the  Proceedings  of  the  Year 
1719,  herein  before  set  forth,  and  recited  in  the  said  Act:  Against  both 
which,  the  Lords  of  Trade  were  pleased,  on  the  18th  of  Jidy  last,  to 
report;  and  your  Memorialists  learn  from  Mr.  Paris,  that  he  is  upon 
petitioning  for  a  Re-hearing  of  the  Matters  reported  before  the  Lords 
Committees  for  Plantation  Affairs,  and  has  given  Security  accordingly. 

XXXVII.  Numbers  of  People  having,  from  Time  to  Time,  settled 
near  to  the  Line,  by  the  Observations  of  1719,  without  Title  from 
either  New  -  York  or  New-Jersey/  your  Memorialists  have,  from  Time 
to  Time,  obliged  such  of  them  as  were  on  the  South-West  Side  of  that 
Line,  either  to  purchase,  or  lease  the  Land  they  had  settled  upon  ;  and 
such  as  would  do  neither,  or  such  as  pretended  Title  under  New -York, 
brought  Ejectments  against  them,  and  obtained  Judgments  thereon,  as 
before;  and  from  Time  to  Time,  made  Partitions  and  Appropriations 
of  those  Lands,  pursuant  to  the  Laws  of  New-Jersey,  as  it  was  and  is 
lawful  for  your  Memorialists  to  do. 

*  *  *  * 

XLII.  To  enumerate  all  the  Cruelties  and  Abuses  committed  by 
People  of  New -York  upon  People  of  New-Jersey,  South-westward  of 
the  Line  by  the  Observations  of  1719,  since  the  said  pretended  Letter 


670  Copies  of  Documents  Relating  to  the 

in  the  Year  1*740,  mentioned  in  Article  XXII.  would  swell  this  to  a 
large  Volume :  But  your  Memorialists  have  chosen  only  the  preceeding 
few  Instances,  as  some  of  the  most  cruel  and  enormous,  of  which  your 
Memorialists  have,  and  can  produce  sufficient  Proofs;  and  of  all  those 
before  the  Year  1*748,  Proofs  were  transmitted  to  England  with  the 
said  Act. 

XLIII.  As  the  Line  run  and  mark'd  in  1*719,  (as  in  No.  XII.  before,) 
was  run  by  Order  of  the  proper  Commissioners  and  Surveyors  of  both 
Provinces,  as  the  Line  of  Division,  according  to  the  best  of  their 
Judgment  at  that  Time  ;  and  as  no  Line  before  nor  since  was  ever  run 
with  equal  or  greater  Authority;  its  humbly  conceived  that  Line  ought 
to  have  remained,  and  does  now  remain  the  Line  of  the  two  Provinces, 
till  another  Line  be  run  for  it  with  equal  or  greater  Authority;  and  we 
know  of  no  other  Limit  to  the  Jurisdiction  of  both  Provinces  but  that. 
And  tho'  your  Memorialists,  in  asserting  their  Properties,  have  not  gone 
farther  Northward  than  the  Line  by  the  Observations  of  1719,  which 
Line  has  no  publick  Authority,  but  a  tacit  Consent  of  your  Memorial- 
ists, and  of  sundry  of  the  Owners  of  Patents  in  New  -  York  Province, 
joining  on  the  Line  of  New-Jersey,  (as  in  No.  XX.  before,)  and  the 
private  Opinion  of  the  Judges  of  the  Supreme  Court  of  New -York,  in 
the  Cases  of  Swaartwoots  and  West/alls,  founded  upon  the  Evidence  of 
the  Surveyor  of  East-Jersey,  (as  in  No.  XIX.  before : )  For  as  the 
Matters  then  in  Controversy,  were  referred  to  them  in  their  private 
Capacities,  and  not  in  their  publick  Capacities,  they  thought  it  just  to 
deviate  from  the  said  run  and  mark'd  Line  in  1719,  and  to  examine 
where  most  probably  the  true  Line  would  fall,  and  thereon  founded 
their  Award.  Your  Memorialists  say,  they  humbly  conceive  these  are 
no  sufficient  Reasons  why  your  Excellency  should  not  assert  and  exer- 
cise the  Jurisdiction  of  this  Province,  up  to  the  said  Line,  so  run  and 
mark'd  in  the  Year  1719,  which  falls  on  Hudson's  River,  about  Seven 
Miles  Northward  of  the  Place,  where,  by  the  Observation  of  1719,  the 
Line  should  fall;  and  should  New -York,  think  this  an  Encroachment 
on,  and  prejudicial  to  them;  these  Inconveniences  might,  and  may 
easily  be  removed,  by  running  the  true  Line.  But  while  they  refuse 
to  join  in  that,  and  do  absolutely  oppose  the  running  any  Line,  if  they 
can  shew  no  Line  ever  run  with  equal  Authority,  then  that  Line  ought 
in  Reason,  to  remain  the  Temporary  Line,  especially  as  it  was  carefully 
run  and  mark'd,  and  the  Places  through  which  it  went,  are  notorious, 
and  well  known  to  this  Day,  by  all  the  People  inhabiting  near  it;  and 
who  have  (very  few  excepted)  all  settled  there  since  the  Year  1719. 

XLIV.  If  the  Line  run  and  mark'd  in  1719,  is  not  to  be  the  temporary 
Line  of  Jurisdiction  of  the  two  Provinces,  'till  the  true  Line  be  finally 
settled,  we  should  be  glad  that  New  -  York  would  show  better  Reasons 


Boundaries  of  the  State  of  New  York.  671 

for  any  other  Line  to  be  the  temporary  Line:  For,  without  some  certain 
Line  be  allowed  to  be  the  temporary  Line,  it's  impossible  to  judge  what 
is  an  Encroachment  of  either  Side. 

XLV.  As  your  Memorialists  have  asserted  their  Rights  only  up  to 
the  Line  by  the  Observations  of  1719,  (which  is  about  seven  Miles 
upon  JTudsoii's  River,  southward  of  the  Line  run  and  mark'd  in  1719) 
and  as  Part  of  that  Line  was  first  run  by  People  of  New  -  York,  as  in 
No.  XX.  before,  and  most  of  the  rest  run  by  your  Memorialists,  as 
in  No.  XXI.  before;  and  as  all  settled  South  west  ward  of  that  Line,  are 
either  settled  under  New-Jersey  Titles,  or  your  Memorialists  have 
recovered  Judgments  against  such  as  have  refused  to  hold  under  New- 
Jersey,  while  your  Memorialists  extend  their  settlements  no  further 
Northward  than  to  that  Line,  they  cannot  be  justly  accused  of  any 
Encroachment  on  New  -  York.  But  New-  York,  by  their  Conduct  since 
1 740,  have  given  great  Causes  of  Complaint  to  the  People  of  New-Jersey 
settled  Southwestwards  of  that  Line,  as  by  the  Facts*herein  before  set 
forth,  appears,  and  tho'  complained  of  from  Time  to  Time,  as  before, 
yet  no  Redress  is  hitherto  had. 

*  *  *  * 

ALL   which    Matters   and    Things   herein    before   set   forth,   Your 
Memorialists  do  aver,  and  are  ready  to  prove  in  sucn  Manner  as  Your 
Excellency  shall  think  fit  to  appoint:     And  are, 
May  it  please  Your  Excellency, 

Your  Excellency's  most  Obedient, 

and  most  Humble  Servants, 

By  Order  of  the  Council  of  Proprietors  of  East-New- Jersey, 

ANDREW  JOHNSTON,  President. 
Perth-Amboy, 

November  20,  1 753. 

Lieutenant  -  Governor  De  Lancey  to  the  Lords  of  Trade. 

New  York  24th  Dec  1753 
*  *  I  shall  make  it  my  business  now  the  hurry  of  affairs  is  some- 
what at  an  end  by  the  recess  of  the  Assembly  to  state  to  your  Lordships 
the  controversy  this  Province  or  rather  His  Majesty  has  with  the  Jer- 
seys I  shall  only  give  a  hint  of  it  now,  for  it  is  not  possible  to  give  your 
Lordships  a  clear  conception  of  it  without  Draughts  —  There  was  a  Line 
(antecedent  to  that  which  the  Jersey  Proprietors  now  contend  for) 
which  was  esteemed  the  Jersey  Line  and  upon  this  Line  were  the  New 
York  Patents  of  Wawayanda,  Minisink  and  other  bounded  so  that  they 
cannot  be  extended  further  Southward,  and  if  Jersey  does  not  extend 


672  Copies  of  Documents  Relating  to  the 

further  up  Delaware  River  than  to  the  Northern  Branch  which  is  the 
Terminum  ad  quern  and  is  in  my  humble  opinion  the  genuine  construc- 
tion of  the  Grant  from  the  Duke  of  York  then  all  that  large  intermediate 
Triangle  is  still  in  the  Crown  and  the  Jersey  Proprietors  are  only 
intruders  on  the  King,  and  out  of  all  these  Lands  there  may  a  Quit  Rent 
be  reserved  to  His  Majesty  which  will  be  a  very  considerable  addition 
to  His  Majestys  Revenue  without  depriving  the  Proprietors  of  their 
possessions  and  which  [His]  Majesty  may  either  annex  to  this  Govern- 
ment or  leave  to  Jersey  there  is  a  committee  of  the  Council  and  Com- 
missioners for  that  with  the  Massachusetts  Bay  that  of  New  Hampshire. 

*  *  *  * 

—\_N.  Y.  Col.  Doc,  vi,  817,  818. 


[In  N.  Y.  Council.] 

January  31^  1754. 

His  Honor  communicated  a  Letter  of  the  lO'f  ult?  from  Governour 
Belcher  (of  New  Jersey)  acquainting  his  Honour  with  the  Receipt  of  a 
Letter  from  Mf  Clinton  and  papers  inclosed  relative  to  the  Dispute 
between  Persons  living  on  the  Borders  of  the  two  Governments,  about 
their  Lands,  which  Letter  and  papers  he  had  laid  before  the  Council  of 
that  Province,  who  referred  them  to  the  Council  of  Proprietors  of  the 
Eastern  Division  of  New  Jersey.  In  answer  whereto  these  Gentlemen 
had  lately  laid  before  him  (Govf  Belcher)  a  Memorial  respecting  the 
said  Dispute,  desiring  the  same  might  be  printed,  of  which  he  had 
desired  M'  Alexander  to  deliver  to  his  Honour  one  of  the  printed 
Copies,  with  the  proper  affidavits  for  supporting  the  several  Allegations 
and  Facts,  and  that  he  should  be  glad  amicable  and  consiliating  meas- 
ures might  be  concerted  and  fallen  upon  by  both  Governments,  that  the 
Borderers  may  be  made  easy  till  his  Majesty's  Pleasure  should  be  known 
in  the  Matter,  to  Contribute  whereto  nothing  should  be  wanting  in  his 
Power. 

Also  another  Letter1  from  Governor  Belcher  of  the  21s.'  ult?  desiring 
an  Answer  to  the  above,  and  repeating  his  Inclination  that  amicable 
measures  might  be  taken  by  both  Governments  to  make  the  Borderers 
easy  till  his  Majesty's  Pleasure  be  known  in  this  Affair. 

Also  another  Letter  from  the  Sherif  of  Orange  County  of  the  23d 
Instant,  and  another  from  five  of  the  Justices  of  that  County  of  the 
22d  Instant,  giving  a  particular  account  of  the  Disturbances  which  have 
lately  happened  between  the  Inhabitants  of  that  County  and  those  of 
New  Jersey,   and  desiring  his   Honor's   Directions   how   they  should 

1  These  letters  have  not  been  found. — [P. 


Boundaries  of  the  State  of  New  Yoke.  673 

behave  in  case  of  future  Riots  which  they  are  Dayly  in  expectation  of. 
The  Board  being  of  Opinion  it  is  absolutely  necessary  a  Line  of  peace 
should  be  fixed  and  agreed  on  by  the  two  Governments  to  prevent 
any  further  disputes  and  disorders  between  the  inhabitance  of  both 
Provinces,  until  the  Controversy  shall  be  finally  determined  in  a  Legal 
Course,  It  is  therefore  ordered  that  the  said  Papers  together  with  the 
Memorial  of  the  Council  of  Proprietors  above  mentioned,  be  Referred 
to  a  Committee  of  the  following  Gentlemen  or  any  three  of  them  Viz'  M* 
Kennedy,  Mr.  Murray,  Mf  Holland,  Mr  Chambers,  And  Mf  Smith,  that 
the  said  Committee  do  examine  into  the  Claims  of  the  Patentees  of 
Minisink  and  Wawayanda,  and  Report  their  Opinion  where  such  Line  of 
Peace  should  be  fixed;  and  further  that  they  make  Enquiry  into  the 
Disturbances  aforesaid  between  the  Borderers,  and  Report  their  Opinion 
as  to  what  they  may  think  proper  to  be  done  thereupon. 

*  *  *  * 

— [JV.  Y.  Council  Minutes  (MS.),  xxiii,  138. 


March  4,  1754. 
*  *  *  * 

Mr  Murray  Chairman  of  the  Committee  appointed  by  order  of  the 
31st  day  of  January  last,  *  *  *  presented  to  his  Honour 
the  Governor,  the  Committees  Report  on  the  matters  referred  to  them 
bearing  date  the  first  Instant,  which  being  read,  was  on  the  Question 
being  put,  agreed  to  and  approved  of,  and  ordered  to  be  entered  in  the 
minutes  and  is  as  follows, 

May  it  please  your  Honour. 

In  obedience  to  your  Honour's  Order  in 
Council  on  the  thirty  first  day  of  January  last,         *         *         * 

We  therefore  having  examined  the  claims  of  the  said  Patentees  of 
Minisink  and  Wayayanda,  and  made  diligent  Enquiry  concerning  the 
late  disturbances:  Do  humbly  Report  to  your  Honour. 

That  the  Province  of  New  Jersey  was  originaly  part  of  this  Province 
of  New  York,  and  that  the  Rights  of  that  Province  depend  upon  Grants 
of  his  Majesty  King  Charles  the  Second,  to  his  Brother  the  Duke  of 
York,  (afterwards  King  James  the  Second)  and  from  the  said  Duke  of 
York,  to  John  Lord  Berkely  and  Sir  George  Carteret,  under  whom  the 
persons  called  the  Proprietors  of  East  and  West  Jersies  claim: 

That  we  do  not  take  upon  ourselves  to  determine  the  Limits  and 
Boundary  of  the  Lands  granted  as  aforesaid,  which  appear  to  us  to  have 
been  long  controverted;  but  most  humbly  Submit  it  to  his  Majesty, 
(who  in  right  of  his  Crown  is  greatly  concerned  in  that  dispute)  to 
determine  it  by  such  method  as  to  his  Majesty  shall  seem  most  proper: 

43 


674  Copies  of  Documents  Relating  to  the 

but  as  a  Line  of  Peace  appears  to  your  Honour  and  to  us,  to  be  abso- 
lutely necessary  to  be  fixed  and  settled  with  all  possible  speed,  in  order 
to  prevent  any  further  breach  of  the  publick  peace  by  the  Borderers  on 
the  disputed  Line;  We  beg  leave  to  inform  your  Honour: 

That  a  Line  was  agreed  to  some  time  in  the  year  1686,  between 
Thomas  Dongan  Esqf  then  Governor  of  New  York,  and  the  Governor 
of  New  Jersey,  to  be  run  from  a  certain  place  on  Hudsons  River,  due 
West  from  Frederick  Philipse's  lower  Mills,  and  to  extend  from  thence 
to  certain  marked  Trees  on  Delaware  River:  but  we  don't  find  that  the 
said  Line  has  ever  been  actually  run,  nor  has  the  exact  place  where  those 
marked  Trees  then  stood,  hitherto  appeared  to  us  with  sufficient  proof 
nevertheless  we  find, 

That  after  that  Line  had  been  agreed  to,  a  Line  was  thereupon  sup- 
posed to  be  a  Division  Line  fixing  the  Jurisdiction  of  the  two  Govern- 
ments, and  was  supposed  to  extend  from  that  place  on  Hudsons  River, 
to  the  Southward  of  Great  and  little  Minisink,  thence  crossing  the  East 
Branch  of  Delaware  River,  to  the  West  branch  thereof,  where  the  said 
marked  Trees  stood;  and  in  consequence  thereof  great  part  of  the  vacant 
Lands  between  Hudson's  River,  and  the  said  East  Branch,  were  long 
before  the  year  1719,  Granted  by  Letters  Patents  under  the  Great  Seal 
of  this  Province,  as  Lands  within  the  same;  and  so  bounded  as  by 
express  Terms  or  necessary  implication,  to  extend  Southerly  to  such 
supposed  Partition  Line:  among  which  are  the  Patents  of  Wawayanda 
and  Minisink. 

We  also  find  that  his  Majesty's  Subjects  inhabiting  within  the  pro- 
vince of  New  York,  have  at  divers  times  since  the  year  1686,  made  Set- 
tlements bordering  on  the  said  Supposed  Line,  and  have  always  since 
paid  their  Taxes  and  performed  their  duties  in  the  Militia  of  this  Prov- 
ince; enjoyed  their  priviledges  in  choice  of  Representatives  in  General 
Assembly,  and  of  other  Officers,  and  many  of  them  have  served  in  Civil 
and  Military  Offices,  and  have  had  the  protection  of  this  Government, 
as  holding  their  possessions  within  the  same,  conformable  to  such  sup- 
posed partition  line.  And  that  this  Province  claimed  and  exercised 
Jurisdiction  to  such  supposed  partition  Line,  also  appears, 

l8.'  By  An  Act  passed  in  the  third  year  of  King  William  and  Queen 
Mary  1691  "to  divide  this  Province  and  Dependences  into  Shires  and 
"Counties;"  "in  which  the  County  of  Orange  is  declared"  to  begin 
"from  the  Limits  and  bounds  of  East  and  West  Jersey  on  the  West  side 
"  of  Hudsons  River,  along  the  said  River  to  the  Murderers  Creek  or 
"  bounds  of  the  County  of  Ulster,  and  Westward  into  the  Woods  as  far 
*'  as  Delaware  River." 

2«4y  By  An  Act  of  the  13th  of  King  William  1701,  "for  the  more  regu- 
"  lar  proceedings  in  the  Elections  of  Representatives  for  the  several 


Boundaries  of  the  State  of  New  York.  675 

"Cities  and  Counties  within  this  Province"  in  which  it  is  declared  that 
disputes  had  arisen  between  the  Counties  of  Orange  and  Ulster,  relating 
to  Wagachemack  and  Great  and  Little  Minisink,  and  therefore  those 
places  are  by  this  Act  annexed  to  the  County  of  Ulster,  until  the  bounds 
between  the  Counties  of  Orange  and  Ulster  should  be  settled;  and  the 
Inhabitants  of  those  places,  were  thereby  impowered  to  give  their  votes 
for  Representatives  in  the  County  of  Ulster. 

3d!'  By  An  Act  of  the  8th  of  Queen  Anne  1*709  "to  settle  and  ascer- 
tain the  bounds  and  limits  of  the  County  of  Orange,"  whereby  it  was 
Enacted  "  That  the  County  of  Orange  should  extend  from  the  limits 
"  and  confines  of  the  province  of  New  Jersey  on  the  West  side  of  Hud- 
"  sons  River,  along  the  said  River,  to  the  line  of  the  County  of  Ulster, 
"  and  Westward  so  far  as  Delaware  River." 

And  as  at  the  times  of  passing  these  Acts,  there  was  no  line  of 
Division  between  the  two  provinces  that  we  know  of,  except  that  of 
1686,  We  conclude  this  must  have  been  the  line  which  the  Legislature 
of  this  Province  esteemed  the  limits  of  the  two  Governments. 

We  do  not  find  that  the  Government  of  New  Jersey  did  make  any 
pretentions  to  the  jurisdiction  of,  or  that  the  proprietors  of  New 
Jersey  did  claim  any  right  to,  any  Lands  beyond  the  said  supposed 
Line,  for  upwards  of  thirty  years  after  the  same  was  agreed  to  as  afore- 
said. But  of  late  years  We  find  that  the  said  proprietors  of  New  Jersey, 
have  made  many  Encroachments;  and  that  that  government  hath 
extended  its  J  urisdiction  to  the  Northward  of  such  supposed  partition 
Line,  by  virtue  of  sundry  pretences  of  Right,  which  appear  to  us  to  be 
very  detrimental  to  the  Interest  of  his  Majesty,  and  the  just  Right  of 
his  Subjects  within  this  Province,  which  have  been  the  cause  of  much 
disorder,  and  the  frequent  breach  of  the  publick  peace;  and  more  such 
mischiefs,  are  likely  to  ensue,  unless  effectual  measures  be  speedily 
taken  to  prevent  them. 

Particularly  We  find, 

l8.'  That  Breaches  of  the  Peace  are  frequently  committed  by  persons 
Inhabiting  near  the  Borders  of  the  said  disputed  Line,  which  take  their 
rise  from  the  Clashing  and  Interfering  of  the  Jurisdiction  claimed  and 
exercised  by  both  Governments. 

2d!r  That  Justices  of  the  peace  of  both  provinces  have  been  appre- 
hended and  committed  to  Goal,  for  executing  the  authority  which  they 
derived  from  their  respective  Governments. 

3^y  That  the  Borderers  frequently  oust  each  other  from  their  Respective 
Possessions. 

All  which  Acts  are  attended  with  force  and  violence  on  both  sides; 
and  as  these  disorders  arise  from  the  late  extension  of  Possession  and 
Jurisdiction    on   the   part    of  New    Jersey,    several    Miles   within  this 


676  Copies  of  Documents  Relating  to  the 

province  tarther  Northward  than  the  line  agreed  to  as  aforesaid  in  the 
year  1686;  there  is  no  reason  to  hope  from  anything  that  appears  to  us, 
that  they  will  cease,  till  at  least  some  Temporary  line  or  limit  be  set  to 
the  Jurisdiction  and  Authority  of  both  Governments. 

As  to  the  long  Memorial  laid  before  Governor  Belcher  by  the  Council 
of  Proprietors,  which  seems  to  Aim  at  establishing  the  Line  of  1719. 
We  did  not  think  it  necessary  to  consider  the  numerous  particulars 
thereof  at  present ;  in  as  much  as  by  the  Copy  of  a  Report  from  the 
Lords  Commissioners  of  Trade,  to  his  Majesty  dated  the  eighteenth  day 
of  July  last,  upon  the  Act  of  Assembly  of  New  Jersey  passed  in 
1747|8,  (which  your  Honour  was  pleased  to  lay  before  the  Council  for 
the  perusal  of  this  Committee)  We  find  that  their  Lordships  after 
having  heard  the  Sollicitors  and  Council  on  both  sides,  represent  to  his 
Majesty,  that  it  appears  to  them  Governor  Hunter  ought  not  to  have 
issued  his  Commission  for  running  that  line,  without  having  previously 
received  the  Royal  direction  and  Instruction  for  that  purpose;  and  that 
a  commission  issued  without  such  Authority,  can  be  considered  with 
respect  to  the  Interests  of  the  Crown,  in  no  other  Light  than  as  a  meer 
nullity ;  and  in  the  conclusion  of  the  said  Report,  their  Lordships 
declare,  that  as  the  Act  in  Question  could  not  be  effectual  to  the  ends 
proposed ;  that  his  Majesty's  Interest  might  be  materially  affected  by 
it ;  and  that  the  proceedings  on  which  it  was  founded,  were  not  War- 
ranted in  the  first  instance,  by  the  proper  Authority,  but  carried  on 
without  the  participation  of  the  Crown,  they  could  not  think  it  advise- 
able  to  lay  the  same  before  his  Majesty,  as  fit  to  receive  his  Royal 
Approbation. 

Upon  the  whole  we  are  humbly  of  Opinion 

Is.'  That  as  great  Numbers  of  Freeholders  and  Inhabitants,  hold  their 
Lands  under  Grants  from  this  Province,  long  before  the  year  1719,  so 
far  Southward  as  the  Line  in  1686,  They  should  and  ought  to  be  pro- 
tected by  this  Government  in  the  quiet  Enjoyment  of  their  Possessions. 

2d.ly  That  your  Honour  be  pleased  to  signify  to  Governour  Belcher, 
the  utmost  willingness,  on  the  part  of  this  Government,  to  do  every- 
thing in  its  power  to  give  ease  to  the  Borderers  on  the  Respective 
Provinces,  Consistent  with  the  just  rights  of  the  Crown,  and  the 
Inhabitants  of  this  Province ;  and  to  join  with  that  Government  in 
running  a  Temporary  Line  of  Jurisdiction  and  Peace,  conformable  to 
the  said  line  agreed  on  in  the  year  1686;  and  that  your  Honour  be 
pleased  also  to  Signify  to  Governor  Belcher,  your  Readiness  to  concert 
measures  with  him  for  this  purpose, 

3d!y  That  your  Honour  be  pleased  on  the  part  of  this  Governm'  to 
declare  the  utmost  readiness  to  join  with  that   Government,    in   the 


Boundaries  of  the  State  of  New  York.  677 

speediest   application  to  his  Majesty,  to  Authorize  and  direct  the  Settle- 
ment of  a  true  partition  line  between  both  Provinces. 

And  Lastly  if  the  Government  of  New  Jersey  shall  agree  to  the  run- 
ning such  line  of  peace,  that  your  Honour  do  recommend  to  the  General 
Assembly  at  their  next  meeting,  to  provide  for  the  one-half  of  the 
expence  thereof.  And  if  that  Government  will  join  with  this  in  an 
application  to  his  Majesty,  for  the  final  Settlement  of  a  Partition  Line 
between  the  two  provinces:  then  also  to  provide  for  the  one-half  of  the 
expence  that  may  attend  the  same, 

All  which  is  nevertheless  humbly  Submitted 
By  order  of  the  Committee 
New  York  1".'  March  1754.  Jos:  Murray  Chairman 

Mr  Alexander  dissenting  to  the  said  Report,  his  Dissent  is  entered 
accordingly,  with  leave  to  enter  his  Reasons  for  such  Dissent,  laying 
the  same  before  his  Honour  in  Council  at  the  next  Meeting. 

The  Council  advised  his  Honour  to  send  a  copy  of  the  said  Report 
to  Governor  Belcher. 

— \N.  Y.  Council  Minutes  (MS.),  xxiii,  146. 


March  13th  1754. 

Mr  Alexander  presented  to  his  Honour  his  Reasons  in  Writing 
against  the  Report  of  the  Committee  dated  the  first  Instant  relative 
to  the  disputes  between  the  Borderers  on  this  Province  and  the  Prov- 
ince of  New  Jersey,  and  the  said  Reasons  being  read  were  ordered  to 
be  entered  and  are  as  follow,  Viz' 

Mr  Alexander's  Reasons  for  his  Dissent 
1st  For  that  he  humbly  conceives  where  an  affair  is  Referred  to  a  Com- 
mittee, all  Transactions  before  them  of  moment  that  concern  that  affair, 
ought  to  be  Reported  for  the  approbation  or  disallowance  of  the 
Council.  But  sundry  things  of  moment  (as  he  conceives)  were  Trans- 
acted before  the  Committee,  whereof  no  mention  is  made  in  the  Report, 
which  he  thinks  there  should  have  been,  and  particularly  the  following; 
On  February  4th  last  Mess"  Scot  and  Mackevers,  two  of  the  attor- 
neys for  New  York,  appeared  before  the  Committee,  and  acknowledged 
that  they  had  with  M?  Alsop  the  other  Attorney,  upon  the  Recom- 
mendation of  the  Committee,  signed  the  Letter  of  February  2d  to 
Mathews  and  Sacket,  whereof  Copy  was  there  before  the  Committee; 
And  thereon  the  said  Alexander  then  acknowledged,  that  he  signed  the 
Letter  of  February  2?  to  Richard  Gardner,  whereof  copy  was  then  also 


678  Copies  of  Documents  Relating  to  the 

before  the  Committee,  at  which  time  also  the  said  Committee,  acknowl- 
edged they  had  recommended  as  before. 

On  which  said  4th  of  February  a  paper  Intitled  proposals  &c*  then 
before  the  Committee  was  acknowledged  by  the  said  Scot  and  Mack- 
evers,  to  have  been  signed  by  them,  and  the  said  Alsop,  which  paper 
was  then  delivered  to  the  said  Alexander  in  presence  of  the  Committee. 

That  on  the  12th  of  February  last,  it  appeared  to  the  said  Committee, 
that  on  the  eighth  day  of  that  Month,  the  said  Alexander  had  sent  to 
the  Chairman  of  the  Committee,  a  copy  of  a  minute  of  Council  of  New 
Jersey  of  February  7*?  approving  of  the  said  Letters  of  February  2d 
with  additions,  and  by  Letter  therewith  had  requested  that  a  Committee 
should  be  without  delay  Summoned,  with  one  or  more  of  the  gentlemen 
who  signed  the  Letter  of  February  2a  to  Mathews  and  Sacket,  that  the 
matters  of  that  minute  might  be  as  solemnly  acknowledged  before 
them,  as  the  said  matters  acknowledged  on  the  4th  of  February,  and 
that  it  might  be  delivered  to  one  or  more  of  the  said  Gentlemen  con- 
cerned for  New  York,  in  presence  of  the  Committee;  and  that  the 
Chairman  would  be  pleased  to  bring  the  said  paper  with  him  for  that 
purpose,  which  paper  was  brought  by  another  Gentleman  of  the  Com- 
mittee, and  to  which  the  said  Alexander  then  added  a  Declaration  dated 
the  11th  of  February  and  which  paper  with  the  said  Declaration  were 
acknowledged  by  the  said  Alexander,  in  presence  of  the  Committee, 
and  as  neither  of  the  said  Gentlemen  concerned  for  New  York,  appeared, 
it  was  left  with  the  Clerk  of  the  Committee,  in  order  to  be  delivered  to 
some  of  the  said  Gentlemen.  Which  Clerk  afterwards  declared  in  the 
presence  of  the  Committee,  on  the  25th  that  he  had  delivered  a  copy 
thereof  to  one  of  them. 

That  on  the  -25th  day  of  February  last,  it  appeared  to  the  said  Com- 
mittee, that  the  said  Alexander  had  on  the  23d  day  of  that  Month, 
delivered  to  the  Chairman  of  the  Committee,  a  paper  purporting  to  be 
an  Answer  by  Samuel  Nevill  and  him,  to  the  said  paper  Intitled  pro- 
posals &cf  delivered  to  him  on  the  4'?  requesting  that  a  Committee 
might  be  Summoned,  with  some  of  the  said  Gentlemen  concerned  for 
New  York,  in  order  that  the  said  Answer  might  before  the  Committee 
be  acknowledged  and  delivered  in  like  manner  as  the  Proposals  had 
been,  and  to  bring  the  said  answer  with  him  for  that  purpose ;  On 
which  25th  day  of  February  the  said  Answer  was  by  the  Chairman 
accordingly  brought,  and  in  presence  of  the  Committee  acknowledged 
by  the  said  Alexander,  and  delivered  to  some  of  the  Gentlemen  con- 
cerned for  New  York  then  attending;  at  which  time  the  said  Alexander 
also  in  presence  of  the  Committee,  read  and  then  delivered  to  the  said 
Gentlemen,  a  Memorandum  Certified  by  him:  of  what  had  passed  in 
the  Council  and  Committee  of  Council  of  New  Jersey,  concerning  that 


Boundaries  of  the  State  of  New  York.  679 

answer,  the  substance  of  which  the  said  Alexander  declared  he  had 
verbally  acquainted  the  Chairman  with  on  the  23*  which  was  not 
denyed  by  the  said  Chairman.1 

2d!y  For  that  many  facts  are  set  forth  in  the  said  Report ;  the  proofs 
whereof  the  said  Alexander  humbly  conceives,  ought  to  appear  to  the 
Council  to  enable  them  to  Judge  of  the  Report,  and  to  agree,  or  dissent 
to  it  ;  especially  as  sundry  of  the  Council  were  not  present  at  the  Com- 
mittee when  those  proofs  appeared  to  them,  and  as  its  alledged  that 
those  proofs  are  in  the  hands  of  the  said  Gentlemen  concerned  as  Attor- 
neys for  New  York  ;  its  conceived  they  should  have  attended  the  Coun- 
cil with  the  proofs  of  these  facts. 

3d.ly  For  that  instead  of  Reporting  what  they  did  not  find,  concerning 
the  Jurisdiction  and  Claims  of  New  Jersey  for  thirty  years  after  1686 
&c,  he  humbly  conceives  the  Committee  ought  to  have  enquired  into 
those  matters,  and  Reported  what  they  did  find  upon  that  enquiry  which 
had  they  been  pleased  to  do,  they  might  have  found  by  the  Minutes  of 
Council  of  New  York  of  1686,2  pointed  to  in  the  said  Answer  to  the 
proposals  delivered  the  25th  of  February  last,  that  New  Jersey  not  only 
then  claimed  a  line  from  the  Latitude  of  41'  40  on  Delaware  to  41  on 
Hudsons  River,  as  the  line  of  their  property  and  Jurisdiction,  according 
to  the  several  Deeds  from  the  Duke  of  York,  (and  which  line  was  dis- 
covered by  the  observations  in  1719)  but  likewise  that  that  Line  was 
then  agreed  to  be  so,  by  the  Governor  and  Council  of  New  York,  and 
then  directed  by  them  to  be  run  ;  and  consequently  that  claim  and  right 
both  to  Soil  and  Jurisdiction  up  to  that  Line  continued  not  only  for 
thirty  years  after  1686,  but  continues  to  this  day;  and  as  actual  Posses- 
sion best  shows  who  claims,  Would  the  Committee  have  enquired  of  or 
concerning  the  several  actual  Possessors  of  the  Lands  jSouthwestwards 

1  The  references  in  the  above  paragraph  are  to  papers  which  we  have  been  unable 
to  find,  but  which  seem  to  be  certain  of  those  annexed  to  the  Memorial  of  the 
Council  of  Proprietors  of  the  Eastern  Division  of  New  Jersey,  dated  Nov.  20,  1753, 
viz. :  No  12,  "  The  said  Proposals  of  the  New  York  Attornies,"  and  No.  13,  "  The 
said  Answer  to  them. "  The  N.  Y.  State  Library  copy  of  the  said  Memorial,  etc. , 
lacks  Nos.  8-15,  both  inclusive,  of  the  annexed  papers,  a  list  of  which,  however, 
appears  in  No.  17  (middle  of  page  54).  We  had  hoped  to  gain  access  to  a  copy  of 
these  missing  papers  through  Wm.  A.  Whitehead,  Esq.,  of  Newark,  N.  J.,  to 
whom  we  have  been  indebted  for  special  favors  of  this  kind ;  but  illness  unfortu- 
nately prevents  him  from  searching  for  them  up  to  the  time  of  printing  these 
pages. — [P. 

9  For  a  similar  reference  to  the  N.  T.  Council  Minutes,  of  1686,  see  No.  17  annexed 
to  "  Memorial,"  etc.,  of  Nov.  20,  1753  (last  paragraph  of  page  58).  These  statements 
seem  not  fully  warranted  by  the  original  Minutes,  as  recorded  in  the  office  of  the 
N.  Y.  Sec'y  of  State,  and  we  are  would  gladly  see  a  copy  of  "No.  13,"  for  the  sake 
of  any  quotation  or  recital  therein,  not  included  in  the  transcript  of  Minutes  given 
on  pp.  601,  602,  ante.     See  preceding  note.— [P. 


680  Copies  of  Documents  Relating  to  the 

of  the  Line  by  the  observations  of  1719,  abreast  of  the  great  and  little 
Minisink  Patents,  and  within  fourteen  miles  of  the  said  line,  and  so  far 
as  to  the  South  end  of  Minisinks  Island,  who  are  about  40  families  in 
Number,  by  what  titles  they  claimed  or  held  their  Possessions?  and  how 
long  ?  he  has  good  reason  to  believe  that  the  Answers  would  have  been, 
under  New  Jersey  some  for  forty  years  past  and  others  more  and  some 
less :  without  any  exception  but  of  four  families  lately  got  into  posses- 
sion there,  whereof  two  have  possessed  themselves  of  the  very  Lands 
that  the  Westfalls  were  formerly  possessed  of  under  New  Jersey,  and 
mentioned  in  Articles  16  to  19  of  the  Memorial;  and  now  he  is  informed 
that  those  New  possessors  claim  them  as  part  of  the  Little  Minisink 
Patent ;  and  two  other  families  at  Matchippaconck,  formerly  Tenants 
to  the  owners  of  that  land  under  New  Jersey  Title,  who  (on  the  Refu- 
sal to  continue  their  leases)  about  five  years  ago  applyed  to  one  of  the 
owners  of  the  Great  Minisink  Patent  for  Protection,  and  who  has  pro- 
tected them  there  ever  since  as  part  of  the  great  Minisink  patent  against 
former  Owners  of  that  Land  under  New  Jersey  ;  and  would  the  com- 
mittee have  enquired  who  were  Possessed  abreast  of  the  Patent  of  Har- 
denbergh  and  Company,  they  might  have  found  one  family  in  Possession 
under  New  Jersey,  at  the  very  Station  point  on  Delaware  discovered  in 
1719,  but  none  in  Possession  under  New  York  South  westward  of  the 
Line  there.  And  would  the  Committee  have  enquired  of  or  concerning 
the  Titles  of  those  in  Possession,  Southwestward  of  the  Line  by  the 
observations  of  1719,  abreast  of  that  part  of  the  Wawayanda  Patent 
which  is  Westward  of  the  drowned  Lands,  being  about  one  half  of  its 
Length  along  the  line,  and  so  far  Southward  as  the  Oppressions  and 
threats  of  New  York  have  within  13  years  last  extended,  who  are  far 
above  one  hundred  families  in  Number,  they  might  have  found  them 
possessed  under  New  Jersey  Titles,  with  one  single  exception  onely  of 
one  family,  who  settled  there  last  year  ;  So  that  along  the  line  from  the 
Station  on  Delaware  discovered  in  1719,  for  about  three  Miles  abreast 
of  Hardenbergh's  patent,  about  thirty  two  Miles  abreast  of  the  Mini- 
sinks  Patents,  and  about  8  Miles  abreast  of  Wawayanda  Patent,  making 
in  all  about  forty  three  miles  of  the  length  of  the  Line  (which  space  has 
been  the  very  scene  and  almost  the  whole  of  the  Scene  of  all  the  New 
York  Oppressions  complained  of  for  13  years  past;  for  no  one  breach 
of  the  peace  hath  he  heard  of  to  his  Remembrance  to  the  Southeast- 
ward concerning  the  line,  except  those  in  the  30'11  40'?  and  41st  Articles1 
of  the  Memorial)  no  more  than  the  said  five  families  under  New  York 
Title  have  as  yet  got  into  Possession  for  above  30  Miles  down  Delaware, 

1  Several  of  the  "Articles"  mentioned  by  number  in  this  paragraph  were  omitted 
from  the  foregoing  reprint  of  the  principal  parts  of  the  said  Memorial,  on  pp. 
661-871,  wnto.— [P. 


Boundaries  of  the  State  of  New  York.  681 

from  the  Station  point  of  1719  and  for  about  43  Miles  along  the  line 
from  that  Station  point;  at  least  it  appeared  so  in  February  last,  when 
those  matters  were  strictly  enquired  into  on  the  part  of  New  Jersey,  — 
And  for  Brevity  the  said  Alexander  Referrs  to  Articles  20„  29,  30  and 
37  of  the  Memorial;  for  what  the  Committee  might  have  found  as  to 
actual  Possession  abreast  of  about  thirty  two  Miles,  the  Remainder  of 
the  Line,  and  would  the  Committee  have  made  enquiry  who  were  the 
Aggressors  in  the  many  Breaches  of  the  peace  on  the  Borders;  he  humbly 
Conceives  they  must  have  found  the  People  of  Orange  County,  to  be  the 
continued  Aggressors,  without  any  resistance  or  reprisal  by  New  Jersey 
for  above  13  years  Oppression,  without  Redress  of  their  Complaints 
until  the  161.'1  of  January  last;  after  the  second,  late  great,  and  forcible 
irruption  of  Numbers  of  Orange  people  into  New  Jersey,  and  for  appre- 
hending some  of  those  Rioters  a  third  Irruption  of  Orange  Men,  to  the 
Number  of  about  60  persons  followed  on  the  19'.11  and  had  not  some  of 
the  Ringleaders  in  those  Riots  been  apprehended  by  the  Authority  of 
New  Jersey,  more  like  Irruptions  might  very  probably  have  since  hap- 
pened. He  begs  thro'  the  whole  of  this  to  be  understood,  that  by 
New  York  and  Orange  men,  and  all  whom  he  charges  with  Oppressions 
and  wrong  he  means  only  people  of  the  Minisink  and  Wawayanda 
Patents,  and  even  not  all  of  them,  for  he  has  reason  to  believe  that  many 
of  the  Wawayanda  Patent,  do  abhor  the  Oppressions  under  which  New 
Jersey  has  so  long  groaned  and  complained  without  Redress,  And  that 
a  great  Majority  of  the  Wawayanda  men  who  assisted  the  Minisink  mei' 
in  the  three  late  Irruptions  into  New  Jersey  since  December  12'*  last, 
did  not  give  that  assistance  until  by  force  and  threats  they  were  com- 
pelled thereto, 

4.thiy  Yoy  that  he  believes  the  proofs  to  Support  the  3d  fact  Reported 
be  found  to  witt,  That  the  Borderers  frequently  Oust  each  other  from 
their  Respective  Possessio?is  cannot  be  sufficient  to  prove  that  Fact, 
because,  tho'  he  admits  the  fact  may  be  true  as  to  the  said  four  families 
abreast  of  the  great  Minisink  patent  and  little  Minisink  Patent,  who 
may  have  Ousted  the  prior  New  Jersey  Possessors  as  before,  yet  he  is 
far  from  believing  that  any  of  New  Jersey  has  ousted  any  person 
claiming  under  New  York  of  their  possessions,  even  tho'  wrongfully 
and  injuriously  taken  and  detained,  so  passive  have  the  people  of  New 
Jersey  hitherto  been,  to  the  many  wrongs  they  have  suffered,  and  so 
often  complained  of  for  13  years  past  without  Redress,  as  by  the 
Memorial  appears. 

gthiy  Admitting  that  the  Supposed  Line  to  which  its  alleged  that  the 
Patents  of  Wawayanda  and  Great  Minisinks  extended,  were  established 
so  far  Southward  as  the  Jurisdiction  of  New  York  has  lately  by  force 
and  Violence  been  extended,  viz^  to  the  South  end  of  Minisink  Island 


682  Copies  of  Documents  Relating  to  the 

which  is  above  thirty  Miles  below  the  Station  point  on  Delaware,  dis- 
covered in  1719,  Yet  the  said  Alexander  neither  knows  nor  believes 
that  the  Crown,  would  be  one  penny  benefited  by  that  extention,  nor 
that  if  the  line  was  fixed  according  to  the  observations  of  1719,  that  it 
would  be  one  penny  detrimental  to  the  Interest  of  his  Majesty  as  to 
Quit  rents,  Escheats  or  otherwise,  except  in  that  single  point  discovered 
by  the  Lords  of  Trade,  the  chance  of  Vacating  those  New  York  Grants 
on  the  Line  as  Exorbitant  as  in  page  30  and  31  of  the  Memorial,  whioh 
the  Establishing  the  supposed  line  above  thirty  miles  down  Delaware, 
below  the  Station  point  discovered  in  1719,  would  give  a  most  reason- 
able chance  for.. 

6\h  As  the  Report  proposes  a  Line  to  be  run  for  a  Temporary  Line 
which  its  alledged  was  agreed  to  in  the  year  1686,  in  the  manner  as  is 
supposed  in  the  Report,  (which  Line  and  the  markt  Trees  mentioned  in 
the  report,  the  said  Alexander  declares  he  never  to  his  Remembrance 
heard  of,  till  hearing  that  Report  Read,)  he  apprehends  that  it  would 
be  injui-ious  to  the  characters  of  the  Governor  and  Council  of  New 
York,  to  suppose  that  they  should  expect  that  such  a  supposed  Line 
should  be  agreed  to  on  the  part  of  New  Jersey,  without  sufficient 
proofs  appearing  to  them  that  such  a  Line  was  really  agreed  to  as  is 
supposed  !  Wherefore  the  said  Alexander  begs  leave  humbly  to 
desire  that  the  said  Gentlemen  Attornies  for  New  York,  may  be  ordered 
to  give  him  a  List  of  those  proofs,  and  to  point  to  such  of  those  proofs  as 
are  on  Record  by  Book  and  Leaf,  and  to  produce  such  as  they  have  which 
are  not  on  Record  ;  and  give  copies  of  such  of  them  as  may  be  desired 
on  sight  thereof,  (for  which  the  said  Alexander  will  be  ready  to  pay 
them)  that  the  same  may  be  considered  on  the  part  of  New  Jersey; 
and  a  reasonable  Answer  given  to  this  Proposal. 

Mr  Alexander  owns  he  is  Interested  in  this  matter,  and  accepted  of 
being  one  of  a  Committee  on  the  part  of  New  Jersey  on  this  affair,  as 
appears  in  Article  32d  of  the  printed  Memorial,  from  whence  it  may  be 
imagined,  he  has  a  bias  in  behalf  of  New  Jersey,  and  for  which  Reason 
he  supposes  he  was  not  summoned  to  Act  with  the  Committee  of  this 
Board  on  this  matter.  But  as  his  Interest  in  New  York  appearing  by 
N°  71  annexed  to  that  Memorial,  nearly  ballances  his  New  Jersey  Inter- 
est, he  conceives  himself  more  disinterested  in  this  case  than  sundry 
Gentlemen  of  the  Committee  that  made  this  Report,  wlio  are  consider- 
ably Interested  in  the  New  York  Patents  along  the  line,  without  any 
New  Jersey  Interest  to  ballance  that,  and  as  he  was  duly  Summoned  to 
this  Council,  without  any  notice  of  what  was  to  be  debated  in  it,  he 

1  This  "No.  7"  is  a  letter  from  Mr.  Alexander  to  his  partners  in  interest  in  the 
Minisinhs  and  Wawayanda  Patents,  dated  New  York,  Nov.  13,  1753. — [P. 


Boundaries  of  the  State  of  New  York.  683 

conceives  he  has  at  least  as  good  a  right,  as  those  more  Interested  Gen- 
tlemen, to  deliver  his  sentiments  on  this  head. 
March  4lh  1754.  Ja  :  Alexander 

Ordered  that  the  said  Reasons  be  Referred  to  the  Committee  by 
whom  the  said  Report  dated  the  1st  Instant  was  made,  and  particularly 
that  the  said  Committee  declare  their  opinion   and  advice  concerning 
the  order  requested  in  the  sixth  Article  of  the  said  Reasons. 
*  *  *  * 

— [A7!  Y.  Council  Minutes  (31S.),  xxiii,  152. 


[Lieut.  Gov.  De  Lancey  to  Gov.  Belcher.] 

New  York,  1 5  March  1 754. 
Sir 

I  am  now  to  answer  two  of  your  Excellencys  letters  in  relation  to  the 
disputes  on  the  Borders  between  the  inhabitants  of  this  Province  & 
the  Jerseys.  I  hope  your  Excellency  will  excuse  this  long  delay  owing 
to  the  following  reason.  I  have  a  small  share  in  the  Minisinck  patent, 
which  is  bounded  on  the  old  supposed  Jersey  line  and  therefore  was 
unwilling  to  take  any  steps  in  this  matter,  but  upon  full  consideration 
&  by  the  advice  of  his  Majesty's  Council  &  they  took  a  considerable 
time  to  prepare  &  draw  up  a  Report,  which  you  will  receive  with  this 
letter;  to  this  Report  Mr.  Alexander  who  is  of  his  Majesty's  Council 
here  as  well  as  in  Jersey  and  a  considerable  proprietor  of  East  Jersey 
entered  his  dissent  and  had  time  to  give  his  reasons  which  are  entered 
in  the  Minutes  of  Council  &  are  referred  to  the  Committee  who  drew 
the  Report;  when  they  shall  have  made  the  Report  upon  Mr.  Alex- 
ander's reasons,  I  will  transmit  both  to  your  Excellency.  I  shall  add 
nothing  to  the  Report,  but  only  observe  to  your  Excellency,  that  I  con- 
ceive, that  the  Forks  of  Delaware  are  the  Ne  plus  ultra  of  the  Northern 
Boundary  of  Jersey  on  that  side  and  therefore  that  all  the  lands  lying 
between  them  &  the  South  end  of  Minisinck  Island  are  still  in  the 
disposal  of  the  Crown,  which  his  Majesty  may  either  annex  to  this 
Province  or  to  Jersey  and  I  natter  myself  when  your  Excellency  shall 
have  considered  the  description  of  Jersey  in  the  Duke  of  York's  patent, 
you  will  come  into  the  same  opinion.  I  hope  your  Excellency  will 
make  no  difficulty  to  agree  to  the  line  of  peace  as  mentioned  in  the 
Report  of  the  Committee  of  his  Majesty's  Council  of  this  Province,  so 
that  his  Majesty's  subject  in  that  part  of  the  Country  may  know  where 
to  yield  obedience  and  pay  their  Taxes  and  this  to  be  done  without 
prejudice  to  private  Property. 

I  do  further  propose  that  Nolle  prosequis  be  granted  from  both  Gov- 


684  Copies  of  Documents  Relating  to  the 

ernments  to  put  an  end  to  the  prosecutions  that  are  now  carrying  on  in 
each  Province. 

His  Excellency 
Gov?  Belcher 


-\JST.  Y.  Col.  MSS.,  lxxviii,  84. 


[In  N.  Y.  Council.] 


April  4?  1754. 


Mr  Alexander  acquainted  this  Board,  that  on  the  23d  day  of  March 
last,  his  Excellency  the  Governor  of  New  Jersey  and  the  Council  of  that 
province,  Ordered  a  copy  of  the  Report  of  this  Board  (which  was 
approved  the  4-tb  of  March  last)  to  be  served  on  the  president  of  the 
Council  of  proprietors  of  East  Jersey,  in  order  to  their  making  an 
Answer  to  the  same. 

That  the  copy  of  the  said  Report  being  laid  before  the  said  Council 
of  Proprietors,  they  observed  that  they  could  not  make  answer  to  the 
same,  so  fully  as  they  desired,  without  copies  of  those  proofs  mentioned 
in  the  6l.u  Article  of  his  the  said  Alexander's  reasons  for  his  Dissent  to 
the  said  Report;  wherefore  humbly  requested  of  this  Board  such  order 
for  those  proofs,  as  in  the  said  6l.h  Article  is  desired. 

Mr  Alexander  takes  this  opportunity  to  acknowledge  one  mistake  in 
fact  in  the  third  reason  for  his  Dissent  Viz'  that  two  Men  at  Malchip- 
pacunk,  held  their  plantations  as  part  of  the  Great  Minisink  Patent. 
But  since  that  Dissent,  he  has  been  well  informed  that  these  two  Men 
being  sensible  of  the  injustice  they  had  done,  made  satisfaction  to,  and 
purchased  of  the  New  Jersey  owners  of  those  Lands,  some  time  before 
the  said  Dissent. 

Ordered  that  what  is  now  offered  by  Mr  Alexander,  be  Refered  to  the 
same  Committee  to  whom  the  Reasons  offered  by  Mr.  Alexander  against 
the  Report  of  the  Committee  of  this  Board,  dated  the  first,  and  con- 
firmed the  fourth  day  of  March  last,  are  Refered. 
— \N.  Y.  Council  Minutes  (MS.),  xxiii,  170. 


[  In  N.  Y.  Gen.  Assembly.] 

April  16,  1754. 

Mr.  Speaker  laid  before  the  House  several  Letters  which  he  had 
received  from  Mr.  Charles,  Agent  for  this  Colony,  in  Great- Britain  ; 
which  being  read, 

Ordered,  That  the  said  Letters  lie  on  the  Table  for  the  Perusal  of 

Members. 

*  *  *  * 

—[A7]  Y  Gen.  Assem.  Journal  (1743-1765),  p.  376. 


Boundaries  of  the  State  of  New  York.  685 

[  In  N.  Y.  Gen.  Assembly.] 

April  24,  1754. 
*  *  *  * 

A  Message  from  his  Honour  by  Mr.  Banyar,  Deputy  Secretary; 
which  being  read,  is  in  the  Words  following,  viz. 

Gentlemen, 

The  Division  Line  between  this  Government  and  the  Province  of  Neio- 
Jersey,  not  being  settled,  has  lately  given  rise  to  great  Tumults  and  Dis- 
orders, among  the  People  of  Orange  County  and  the  adjacent  inhabi- 
tants of  New-Jersey,  and  may  produce  worse  Evils,  unless  prevented 
by  a  timely  Care.  Nothing  can  answer  this  Purpose  so  effectually,  I 
think,  as  the  fixing  a  temporary  Line  of  Peace  between  us,  until  his 
Majesty's  Pleasure  shall  be  known  in  this  Matter.  Governor  Belcher 
assures  me  of  his  sincere  Desire,  that  amicable  and  conciliating  Measures 
may  be  fallen  upon  by  both  Governments,  to  make  the  Borders  easy; 
and  I  have  proposed  to  him  the  running  such  Line,  conformable  to  the 
Opinion  of  his  Majesty's  Council,  signified  in  their  Report  to  me,  which 
I  shall  order  to  be  laid  before  you,  and  if  it  receives  his  Approbation,  I 
shall  forthwith  appoint  Commissioners  for  running  such  Line  of  Peace, 
and  apply  to  that  Government  to  do  the  like  on  their  Part;  the  Expences 
of  which  I  must  recommend  to  you  to  provide  for. 

JAMES  DELANCEY. 

Fort  George,  New  York, 
April  24,  1754. 

— [Idem.,  p.  379. 


April  25,  1754. 

*  *  *  * 
Resolved,  That  this  House  do  agree  with  his  Honour  and  the  Council, 

in  the  Expediency  of  settling  a  temporary  Line  of  Division  between 
this  Colony,  and  those  of  New-Jersey  and  the  Massachusetts- Bay,  to 
ascertain  the  Jurisdiction  of  the  respective  Governments,  until  a  final 
Partition  Settlement  can  be  made. 

Resolved,  That  an  humble  Address  be  presented  to  his  Honour,  that 
he  will  be  pleased  to  use  his  Endeavours  for  settling  such  temporary 
Lines,  and  to  assure  him,  that  this  House,  will  make  good  any  reason- 
able Expence,  that  may  attend  the  same  on  the  part  of  this  Colony. 

*  *  *  * 

— [Idem,  p.  380. 


686  Copies  of  Documents  Relating  to  the 

April  26,  1754. 

*  *  *  * 

Capt.  Richard  reported  *  *  that  his  Honour  was  pleased 

to  say,  he  would  use  his  best  Endeavours  to  have  such  temporary  Lines 
settled. 

*  *  *  * 

— [Idem,  p.  381. 


I  Governor  Belcher  to  Governor  De  Lancey.] 
Sir: 

In  due  Time  I  recievd  your  Honours  Letters  of  15:  of  March  &  22: 
of  April  past. 

As  to  the  Dispute  that  has  so  long  subsisted  &  still  does  between  the 
Proprietors  of  East  New  Jersey  &  the  Minisinck  Patentees  of  New 
York  it  is  a  curious  Affair  &  of  great  Importance  to  both  Governments. 
I  shall  not  therefore  act  therein  without  the  Advice  of  His  Majesty's 
Council  of  this  Province  but  shall  take  the  first  convenient  Opportunity 
to  Lay  your  Honours  Letters  together  with  the  Papers  sent  me  by  Mr. 
Alexander  in  this  Matter  before  them  &  thus  I  this  Day  write  him  & 
that  it  will  be  wise  &  Prudent  in  both  Governments  to  represent  these 
things  to  His  Majesty  &  earnestly  to  pray  His  Aid  &  Assistance  for 
a  final  Settlement  of  the  Boundary  between  the  two  Provinces  for 
establishing  Peace  and  Good  Order  and  Friendship  among  the  several 
Inhabitants. 

At  the  last  meeting  of  the  Assembly  of  this  Province  I  laid  before 
them  your  Honours  Letter  of  22d  of  April  with  what  it  enclosed  &  in 
my  Speech  to  them  at  the  opening  of  the  Session  &  in  my  Message  at 
the  Close  of  the  same  I  did  all  in  my  Power  to  shew  them  the  reasona- 
bleness of  what  you  write  &  to  bring  them  into  sending  a  Commissioner 
to  the  intended  interview  at  Albany  but  all  to  no  Purpose  as  your 
Honour  will  find  by  my  Speech  their  Answer  &  my  Replication  which 
are  ordered  to  go  into  the  Publick  Prints.  I  am  sorry  for  the  Result 
in  this  Matter  which  I  am  afraid  will  be  looked  upon  by  the  King  & 
His  Ministers  as  a  great  Neglect  of  their  Duty  to  his  Majesty  &  of  that 
tender  Regard  which  they  ought  to  have  of  the  future  Safety  &  Wel- 
fare of  themselves  &  their  Posterity.  I  remain  with  much  respect 
Elizabeth  Town  (N.  J,)  Sir 

May  3,  1*754.  Your  Honours 

Most  Obedient  &  Most  Humble  Serr' 
J.  Belcher. 

Lieut.  Governour  De  Lancey. 

—[A7:  Y.  Col.  MSS.y  lxxviii,  109. 


Boundaries  of  the  State  of  New  York.  687 

Lieutereant-  Governor  De  Laucey  to  the  Lords  of  Trade. 

New  York,  21  May  1754. 

*  *  *  * 

I  now  send  your  Lordpp*  some  papers  relating  to  the  division  line, 
between  New  Jersey  and  this  Province,  with  a  copy  of  an  ancient  Map, 
said  to  be  signed  by  Andrew  Hamilton,  who  was  then  Govr  of  East 
Jersey.  I  have  drawn  two  lines  on  the  Map,  to  distinguish  in  a 
triangle,  the  Lands  that  are  as  I  conceive  still  in  the  crown.  I  shall 
make  no  observations  on  King  Charles  Second's  Grant  to  the  Duke  of 
York,  but  will  suppose  the  Duke  had  a  right  to  grant  the  lands,  which 
he  did  grant  to  Lord  Berkely  and  Sir  George  Carteret,  and  then  it  is  to 
be  considered  how  far  the  Duke's  Grant  to  them,  did  extend  up  Dela- 
ware River.  The  bounds  from  Cape  May  at  the  mouth  of  Delaware 
River  are  "  extending  to  the  Northward  as  far  as  the  Northernmost 
Branch  of  the  said  Bay,  or  the  River  of  Delaware,  which  is  in  forty 
one  degrees  and  forty  minutes  of  Latitude."  Here  I  would  only 
observe,  that  the  Northermost  Branch  of  the  said  Bay  or  River,  is  the 
terminus  ad  quern,  the  place  at  which  they  must  stop:  the  words,  as 
far  as,  being  the  same  in  sence  as,  usque  ad,  which  is  always  exclusive 
of  the  place  to  which  you  go;  so  that  from  Cape  May,  to  the  Norther- 
most Branch  of  Delaware  River  is  the  whole  extent  of  the  Western 
boundary  of  Jersey.  As  for  these  words,  which  is:  in  forty  one  degrees 
and  forty  Minutes  of  Latitude,  I  do  not  take  them  to  be  part  of  the 
description  of  the  Boundary,  they  are  only  affirmative  words  of  com- 
putation, or  rather  conjecture  of  the  latitude  wherein  the  Northermost 
branch  or  the  Forks  of  Delaware  lye.  For  instance,  if  a  grant  was 
made  of  all  the  lands  from  London  Bridge  to  Greenwich,  which  is  ten 
miles  ;  here  the  mistaken  computation  made  of  the  distance,  will  not 
carry  the  grant  beyond  Greenwich.  London  Bridge  being  the  terminus 
a  quo,  the  place  whence,  and  Greenwich  the  terminus  at  quem,  the 
place  to  which;  and  these  two  make  the  extent  of  the  Grant,  and  are 
always  understood  to  be  exclusive.  So  of  the  western  boundary  of 
Jersey,  the  main  Ocean  at  Cape  May,  at  the  mouth  of  Delaware  Bay, 
is  the  terminus  a  quo,  and  the  Northermost  branch  of  the  said  Bay  or 
the  River  of  Delaware,  is  the  terminus  ad  quem,  which  make  the  extent 
of  the  Jersey  grant  on  the  West.  For  Delaware  River  is  formed  by 
the  two  branches  joining  into  one  Body  at  the  forks  of  Delaware,  may 
properly  enough  to  be  said  to  be  the  ne  plus  ultra,  of  Jersey  on  that 
side.  For  the  mistaken  computation  of  distance  or  latitude,  cannot 
enlarge  the  extent  of  a  Grant,  words  of  that  sort  being  not  descriptive 
but  conjectural. 

It  is  said,  as  the  Patents  of  Wawayanda  and  Minisink  are  bouncTed 
on  the  Jersey  line,  his  Majty*    interest  can  not  be  concerned,  let  the 


(588  Copies  of  Documents  Relating  to  the 

line  run  where  it  will,  but  this  is  a  mistake;  for  the  Jersey  line 
on  which  these  Patents  were  bounded,  was  the  supposed  line  marked  in 
the  Map,  which  was  at  that  time  understood  to  be  the  line,  and  they 
cannot  be  extended  Southward,  even  if  the  real  line  of  Jersey  is  to  run 
from  the  Forks  of  Delaware,  or  the  head  of  Delaware  Bay,  to  the 
Station  on  Hudson's  River  opposite  to  the  lower  Yonkers;  the  King's 
intention  being  to  grant  lands  no  further  than  the  then  supposed  line. 

I  wrote  to  Govr  Belcher  to  propose  a  line  of  peace  between  the  two 
provinces,  to  put  a  stop  to  the  disputes  and  disorders  that  are  committed 
on  the  Borders;  in  which  letter  I  thought  it  my  duty,  as  his  Majesty's 
servant,  to  tell  him  my  opinion  that  the  forks  of  Delaware,  were  the 
ne  plus  ultra  of  Jersey  on  that  side.  This  paragraph  has  drawn  upon 
me  a  pretty  extraordinary  proposal  from  the  Jersey  proprietors,  which 
was  delivered  to  me  by  Mr  Alexander.  I  shall  make  no  reflections  on 
it,  but  submit  the  propriety  of  it  to  your  Lordpps  consideration.  I  must 
inform  your  Lordpps  that  Mr  Alexander  is  a  member  of  his  Majtys  Coun- 
cil for  this  Province  and  for  the  Province  of  Jersey,  and  a  considerable 
proprietor,  and  a  chief  Manager  in  behalf  of  the  Jersey  proprietors.  I 
leave  it  to  your  Lordpps  to  consider  how  consistent  this  is,  while  there 
is  this  controversy  subsisting  between  the  two  Provinces,  and  between 
the  Proprietors  and  his  Majesty.  I  inclose  the  report  of  a  Commitee 
of  his  Majesty's  Council  on  the  disturbances  between  the  people  living 
on  the  borders  of  the  two  Govern'9  and  the  opinion  of  the  Commitee 
for  establishing  a  line  of  peace,  until  the  partition  line  be  fixed  between 
both  provinces,  and  Mr  Alexander's  reasons  for  his  dissent  to  the  said 
Report.  Your  Lordpps  will  perceive  the  opinion  of  His  Majty'8  Council  to 
be,  that  the  line  of  peace,  should  run  according  to  the  supposed  line, 
and  the  reasons  upon  which  they  ground  their  opinion,  and  if  they 
appear  satisfactory,  I  hope  directions  will  be  given  to  the  Govrs  of  the 
two  provinces,  that  the  line  be  so  fixed  &  ascertained  as  a  line  of 
peace,  until  His  Majtys  right  be  finaly  settled  in  such  a  legal  course,  as 
his  Majesty  shall  think  proper. 

I  am  very  backward  to  take  any  steps  to  protect  the  Freeholders  and 
Inhabitants  in  the  quiet  enjoyment  of  their  possessions  up  to  the  sup- 
posed line,  as  the  Council  advise.  The  Reason,  My  Lords,  is,  that  I 
am  concerned  in  the  Minisink  Patent,  and  so  are  my  Brothers  and 
sisters,  as  Devisees  of  my  Father,  who  held  two  shares  in  that  Patent. 
Nor  shall  I  take  any  steps  without  the  advice  of  the  Council.  I  beg 
your  Lordpp"  will  be  please  to  direct  me  on  this  head. 

*  *  *  * 

•James  de  Lancey. 
— [N.  Y.  Col.  Doc,  vi,  838-840. 


Boundaries  of  the  State  of  New  York.  689 

Lieutenant-  Governor  De  La?icey  to  the  Lords  of  Trade. 

New  York.  5  June  1754. 
My  Lords, 

On  the  21s  of  last  Month  (May)  I  had  the  honor  of  writing  to  your 
Lordpps  and  inclosing  several  papers  relating  to  the  controverted  line  of 
Division  between  this  Province  and  New  Jersey,  a  duplicate  of  which 
letter  I  now  send,  with  a  Copy  of  Keith's  Map,  and  a  paper  I  received 
from  Mr  Alexander  ;  the  other  papers  relating  to  this  matter  mentioned 
in  that  letter,  are  entered  in  the  Minutes  of  Council  Commencing  the 
11th  January,  and  ending  the  17th  May  1754,  Copies  of  which  I  now 
send  your  Lordpps,  with  the  Journal  of  the  Council's  proceedings  in  the 
two  last  sessions  of  General  Assembly,  the  votes  of  the  Assembly,  and 
ingrossed  copies  of  the  Five  Acts  passed  ;  among  the  Acts  there  are 
not  any  I  think  that  require  particular  observation. 

— \N.  Y.  Col.  Doc,  vi,  843. 

Lord?  of  Trade  to  Lieutenant-  Governor  De  Lancey. 

The  papers  you  have  sent  us  relative  to  the  points  in  dispute  between 
New  York  and  the  Neighbouring  Provinces  with  respect  to  boundarys, 
more  especially  with  respect  to  the  line  of  division  between  New  York 
and  New  Jersey  and  the  observations  which  you  make  in  your  letters 
upon  these  disputes  will  be  of  great  service  to  us  when  that  point 
comes  under  our  consideration  it  appears  to  us  in  the  general  light  in 
which  We  see  this  affair  at  the  present  that  it  will  be  for  his  Majesty's 
service  and  for  the  peace  and  interest  of  both  Provinces  that  a  temporary 
line  of  Jurisdiction  should  be  establish'd  by  his  Majesty's  authority 
until  the  true  line  of  property  can  be  ascertained  and  therefore  we  shall 
shoi'tly  take  this  matter  into  Our  consideration  and  lay  our  thoughts 
fully  upon  it  before  his  Majesty.  In  the  mean  time  we  do  earnestly 
recommend  to  you  as  we  have  also  done  to  the  Governor  of  New 
Jersey  to  every  legal  and  proper  measure  that  can  be  thought  of  to 
preserve  the  publick  peace  in  those  parts  and  prevent  that  mishief  we 
have  reason  to  fear  might  be  occasioned  by  this  unhappy  dispute. 
*  *  *  * 

Dunk  Halifax 
Whitehall  James  Oswald 

July  5  1754  Andrew  Stone 

—[A7:  Y.  Col.  Doe.,  vi,  846. 
44 


690  Copies  of  Documents  Relating  to  the 

[In  N.  Y.  Council.] 

July  25th  1754. 

*  *  *  * 

The  Petition  *  of  several  of  the  owners  and  proprietors  of  the  Patents 
of  Minisink  and  Wawayanda,  some  of  them  chosen  Trustees  to  Act  for 
and  in  the  names  of  the  rest  of  the  proprietors  in  their  behalf,  and  ir, 
behalf  of  all  his  Majesty's  Subjects  residing  in  this  Government  near 
the  controverted  Line  between  New  York  and  New  Jersey:  was  pre- 
sented to  the  Board  and  read  Setting  forth  sundry  matters  relating  to 
the  Encroachments  of  the  people  of  New  Jersey  on  Lands  within  and 
under  the  Jurisdiction  of  this  province,  and  the  extending  the  Juris- 
diction of  that  Government  into  this  province  as  far  Northward  as  the 
pretended  Line  of  1719,  referring  to  several  Affidavits  for  proof  of  the 
Facts  set  forth  in  the  said  petition  :  and  praying  his  Honour  (if  it  should 
seem  meet)  would  be  pleased  to  issue  a  Proclamation  of  such  Tenour 
and  import,  or  to  grant  such  Relief  in  the  premises,  as  the  Exigency  of 
the  petitioner's  Circumstances  may  require. 

Ordered  that  the  said  Petition  be  Referred  to  the  same  Committee 
who  made  Report  on  the  4th  of  March  last  relating  to  the  said  Contro- 
verted Line,  and  that  they  do  consider  of  the  Petition  and  the  Affidavits 
referred  to,  and  Report  with  all  convenient  speed  what  they  think 
necessary  to  be  done  thereupon. 

*  *  *  * 

— [A7]   Y.  Council  Minutes  (MS.),  xxiii,  209. 


To  His  Excellency  Jonathan  Belcher,  Esq',  Captain  General  and  Gov- 
ernor in  Chief  of  the  Province  of  New- Jersey,  and  Territories 
thereon  depending  in  America,  Chancellor  and  Vice- Admiral  in  the 
same. 

The    Humble    Representation    of   the   Council    of    Proprietors   of   the 
Eastern  Division  of  New-Jersey. 

[August  20,  1754.] 
May  it  please  Your  Excellency, 

We  render  your  Excellency  our  heai'ty  and  sincere  Thanks,  for  your 
Excellency's  referring  to  us,  on  the  23d  of  March  last,  the  Report  con- 
firmed in  the  Council  of  New  -  York,  on  the  4th  of  March  last,  and  the 
Letter  of  His  Honour  the  Lieutenant  Governor  of  New  -  York  to  your 

1  Aug.  22,  1754.  —  A  similar  petition  or  "Memorial"  was  presented  to  the  General 
Assembly  and  referred  to  a  committee  to  examine  and  report  thereon,  which  report 
was  made  Oct.  29,  1754.— [P. 


Boundaries  of  the  State  of  New  York.  69J 

Excellency,  of  the  15th  of  March,  with  the  said  Report;  as  by  this 
your  Excellency's  Favour,  we  have  an  Opportunity  of  answering  both 
the  said  Report  and  Letter. 

We  assure  your  Excellency,  that  we  shall,  with  all  the  Speed  in  our 
Power,  prepare  our  Answer  to  the  said  Report  and  Letter,  not  doubting 
but  that  we  shall  be  able,  fully  to  obviate  all  the  Matters  therein  of  any 
Moment.  At  present  we  beg  Leave  only  to  represent  to  your  Excel- 
lency, that  at  our  Half-yearly  Meeting  in  March  last,  upon  reading  the 
said  Report  and  Letter,  two  Things  therein  advanced,  more  especially 
surprized  us,  and  which  we  greatly  doubted  the  Truth  of,  for  the  Reasons 
contained  in  Numb.  13,1  annexed  to  our  Memorial. 

The  first  Thing  we  allude  to,  is  contained  in  the  Report  of  the  Coun- 
cil of  New  -  York,  and  is  in  Substance, 

That  in  1686,  a  Line  was  agreed  to,  between  Thomas  Dongan,  then 
Governor  of  New-York,  and  the  Governor  of  New-Jersey,  to  run  from, 
a  Place  on  Hudson's  River,  due  West  from  Frederick  Philipse's  Lower 
Mills,  and  to  extend  from  thence,  to  the  Southward  of  Great  and  Little 
Minisink,  to  certain  markt  Trees  on  the  West  Branch  of  Delaware  River; 
and  its  proposed  and  insisted  on,  that  that  Line  be  agreed  to  and  run,  as 
a  temporary  Line  between  New- York  and  New- Jersey. 

The  second  Thing  is  contained  in  the  said  Letter  of  the  Lieutenant 
Governor  of  New -York,  to  Your  Excellency;  in  which  his  Honour 
conceives,  That  the  Forks  of  Delaware,  are  the  Ne  plus  Ultra  of  the 
Northern  Boundary  of  New-Jersey  on  that  Side;  and  that  therefore,  all 
the  Lands  lying  between  them,  and  the  South  Mid  of  Minisink  Island, 
are  still  in  the  disposal  of  the  Crown,  which  his  Majesty  may  either 
annex  to  this  Province,  or  to  Jersey. 

As  to  the  first  Article,  we,  at  our  said  Meeting,  conceived,  That  the 
Reasonableness  of  what  was  therein  proposed  and  insisted  on,  depended 
greatly  upon  the  Truth  of  the  Fact,  That  such  a  Line  as  alledged  was 
agreed  to  in  1686;  which,  till  that  Report  was  read,  we  never  heard 
had  been  pretended  to.  We  thought  it  would  be  injurious,  to  the 
Characters  of  the  Governor  and  Council  of  New  -York,  to  suppose  they 
should  expect,  such  a  Line  would  be  consented  to  by  New-Jersey,  with- 
out producing  sufficient  Proofs  of  such  Agreement.*  WHEREFORE, 
on  the  28th  of  March  last,  we  resolved,  that  one  of  our  Number,  should 
in  the  most  respectful  Manner,  acquaint  the  Lieutenant  Governor  and 
Council  of  New -York,  with  your  Excellency's  said  Reference  to  us,  and 
humbly  request  an  Exhibit  of  the  Proofs  supporting  the  said  Fact, 
directing  to  such  of  them  as  are  on  Record  by  Book  and  Leaf,  produc- 
ing such  of  them  as  are  not  recorded,  and  to  beg  Copies  of  those  that 

1  One  of  the  missing  documents  referred  to  in  foot  notes  on  page  67i>  — [P. 


692  Copies  of  Documents  Relating  to  the 

on  Sight  thereof  might  be  desired,  we  paying  for  such  Copies;  that 
those  Proofs  might  be  considered  on  the  Part  of  New-Jersey,  and  a 
reasonable  Answer  given  to  that  Proposal. 

The  Person  we  intrusted  to  make  that  Request,  has  now  reported  to 
us,  that  he  did  make  it  accordingly  on  the  Fourth  of  April  last ;  but 
that  lie  has  not  hitherto  been  favoured  with  any  Answer  thereto. 

With  Respect  to  the  second  Point,  That  the  Forks  of  Delaware  are 
the  Ne  plus  Ultra  of  New-Jersey,  &c.  we  observe,  that  it  is  notorious, 
that  Delaware  River  has  many  Forks,  perhaps  several  Hundreds,  below 
and  above  the  Latitude  of  41°  40',  on  the  Northernmost  Branch  of  it; 
up  to  which  Latitude  New-Jersey,  for  ninety  Years  past,  has  always 
been  deemed  by  the  Deeds  thereof  to  extend,  and  that  it  hath  been 
allowed  such  Extension,  by  many  solemn  Acts  of  both  Provinces;  to 
which,  by  our  Memorial,  and  the  Papers  annexed  to  it,  we  refer;  and 
as  it  is  uncertain,  which  of  those  Forks  is  meant  by  his  Honour,  we 
think,  that  before  a  full  Answer  can  be  expected,  those  Forks,  concern- 
ing which  his  Honour  writes,  should  be  particularly  described  and 
designated  from  the  rest;  and  why  those  rather  than  any  of  the  rest; 
or  why  any  one  below  the  said  Latitude  (if  one  below  it  be  meant) 
should  be  preferred  to  a  Fork  above  that  Latitude;  especially  as  the 
Deeds  of  New-Jersey,  are  all  from  a  Subject  to  other  Subjects;  and 
therefore  in  Matters  doubtful,  to  be  construed  most  strongly  and  bene- 
ficially for  the  Grantees:  And  as  there's  no  Mention  of  any  Forks,  in 
the  Deeds  of  New-Jersey,  we  think  it  but  reasonable,  that  it  should  be 
declared  what  Facts  and  Reasons  there  are  to  support  this  Conception; 
and  what  are  the  Proofs  of  those  Facts;  and  that  a  Sight,  and  Copies 
of  such  of  them  as  are  desired,  should  be  given  us,  on  our  paying  for 
them:  Wherefore,  on  the  said  Twenty-eighth  of  March,  we  verbally 
resolved,  that  one  of  our  Number  should  signify  to  his  Honour,  our 
Expectations  of  an  Exhibit  of  the  Facts  and  Reasons  in  Support  of  the 
Conception  in  his  Letter;  which  one  of  our  Number  now  reports  to  us, 
that  he  did  on  the  said  fourth  of  April ;  but  that  he  has  not  hitherto 
been  favored  with  such  Exhibit. 

We  beg  Leave  also,  to  represent  to  your  Excellency,  that  since  our 
said  Half-Yearly  ^Meeting,  on  further  considering  the  said  Report  of 
the  Council  of  New  -  York,  of  March  last,  we  find  sundry  other  Matters 
therein  advanced,  represented  in  such  a  light,  as  the  Truth  of  Facts 
will  not  warrant;  and  particularly  these: 

1st,  That  the  Subjects  of  New-York,  have  at  divers  Times  since 
the  Year  1686;  made  Settlements  bordering  on  the  said  supposed 
Line  of  1686;  and  have  always  since  paid  their  Taxes,  &c.  to  New- 
York. 

2dly,    That  great   Numbers   of  Freeholders   and   Inhabitants   held 


Boundaries  of  the  State  of  New  York.  693 

their  Lands  under  Grants  from  New-York,  long  bejore  the  Year  1719, 
so  far  Southward  as  the  said  line  of  1 686 ;  and  therefore  ought  to 
be  protected  by  that  Government,  in  the  quiet  Enjoyment  of  their 
Possessions. 

As  to  which  Facts,  we  thought  it  our  Duty  to  make,  and  have  accord- 
ingly made,  strict  Enquiry;  and  upon  that  Enquiry  found,  as  to  the 
supposed  Line  of  1686;  which  the  Council  of  New -York  have  been 
pleased  to  describe,  from  a  Place  on  Hudson's  River,  due  West  from 
Frederick  Philipse's  lower  Mills  ;  that  that  Place,  is  about  Four  Miles 
Southward  of  the  Place;  where  (by  the  Observations  of  1719,)  the 
Latitude  of  41°,  was  found  to  be,  and  about  Six  Miles  Southward  from 
the  Mouth  of  Tapan  Creek:  The  Report  further  describes  that  sup- 
posed Line,  to  extend  from  thence  to  the  Southward  of  Greed  and 
Little  Minisink.  What  the  Bounds  and  Situations  of  these  are,  they 
have  not  been  pleased  to  mention;  but  what's  called  Minisink,  we 
believe,  extends  about  Fifty  Miles  down  Delaware  liiver,  below  the 
Station  Point  discovered  there  in  1719,  by  the  Commissioners  and  Sur- 
veyors of  both  Provinces  upon  their  Oaths,  for  the  Latitude  of  41',  40°. 
How  far  more  Southerly  than  the  End  of  Fifty  Miles  from  the  Station 
Point,  the  supposed  Line  of  1686,  extends,  the  Council  of  New -York 
have  not  been  pleased  to  declare:  As  to  the  certain  marked  Trees  (which 
in  the  said  Report  are  alleged  to  be)  on  the  West  Branch  of  Delaware 
River,  we  have  not  been  able  to  discover  any  Person  that  ever  heard 
(and  much  less  knew)  any  Thing  of  them,  before  the  making  of  that 
Report.  We  have  also  discovered,  that  the  Line  run  and  mark'd  in  the 
Year  1719,  by  Authority  from  both  Governments  was  nearly  Seventy 
Five  Miles  long,  from  Hudson's  to  Delaware  River;  that  it  ran  along 
the  Patents  of  Tapan  about  four  Miles;  along  HonarC%  Part  of  Honan 
and  LTauden's  Patent,  also  about  four  Miles;  along  0 heescock's  Patent, 
about  sixteen  Miles;  along  the  Patent  of  Wawayanda,  also  about  six- 
teen Miles ;  along  the  Great  and  Little  Minisink  Patents,  about  thirty- 
two  Miles,  and  along  the  Patent  of  Hardenberg  and  Company,  about 
three  Miles;  in  all  about  seventy-five  Miles  to  the  Station  Point  on 
Delaware. 

That  the  Lands  at  Tapan,  and  for  fourteen  Miles  Northward  of  the 
Mouth  of  Tapan  Creek,  along  Hudson's  River,  and  Southward  from 
thence,  were  first  settled  as  in  New- Jersey ,  and  continued  to  be  esteemed 
as  such  for  many  Years,  till  a  Part  was  yielded  up  in  1684,  on  the 
Agreement  then  made,  that  the  Division  Line  between  the  two 
Provinces,  should  begin  at  the  Mouth  of  Tapan  Creek,  as  in  N°.  13, 
annexed  to  our  Memorial  appears;  wherefore  we  apprehend,  that  no 
Settlements  there,  South  west  wards  of  Tapan  Creek,  or  of  the  Line  by 


694  Copies  of  Documents  Relating  to' the 

the  Observations  of  1719,  can  be  assigned  in  Support  of  the  said  two 
Facts,  because  they  were  first  made  under  New-Jersey. 

*  *  *  * 

Wherefore,  we  conceive,  no  Settlements  to  support  the  said  Facts, 
can  be  assigned,  for  the  Eight  Miles  abreast  of  the  Tapan  and  Honan\ 
Patents;  nor  for  the  Sixteen  Miles  abreast  of  the  C heescocks  Patent; 
nor  for  the  said  Ten  Miles  abreast  of  the  Wawayanda  Patent;  nor  for 
the  Thirty-two  Miles  abreast  of  the  Minisink  Patents;  nor  for  the 
Three  Miles  abreast  of  IIardenbery'%  Patent;  which  make  69  of  the  75 
Miles  along  the  Line:  So  that  the  Settlements  that  can  be  assigned,  if 
any  there  are,  must  be  within  the  remaining  Six  Miles,  lying  24  Miles 
from  Hudson's,  River,  and  45  from  the  Station  Point  on  Delaware;  to  wit, 
between  the  Drowned  Lands,  and  the  Mountains  on  the  East  Side 
tnereof,  abreast  of  that  Part  of  the  Wawayanda  Patent. 

As  to  those  Six  Miles,  we  have  made  the  best  Enquiry  in  our  Power, 
concerning  the  Settlements  there,  to  discover  if  any  Thing  could  be 
assigned  to  support  the  said  Facts;  and  we  find,  that  neither  before, 
nor  in  the  Year  1719,  nor  for  several  Years  afterwards,  were  there  any 
Settlements  there,  under  the  New  -  York  Title,  South-westwards  of  the 
Line  by  the  Observations  of  17*19.         *         *         * 

Wherefore  we  become  humble  Suitors  to  your  Excellency,  that  you 
would,  in  the  most  strong,  urgent  and  effectual  Manner,  demand  and 
insist  upon,  from  his  Honour  the  Lieutenant  Governor  and  Council  of 
New -York,  not  only  a  Compliance  with  those  Things  requested  on  the 
fourth  of  April  last,  and  their  Answer  to  the  Questions  herein  before 
put  concerning  the  same;  but  also  their  Delivery  of  a  List  of  the 
Names  of  those  Settlers,  that  appeared  to  them,  to  support  the  said 
two  Facts  reported ;  with  the  Times  of  their  Settlement,  and  under  what 
New  -  York  Patents ;  and  that  they  point  out,  where  the  Southermost 
Part  of  Great  and  Little  Minisink  is,  and  how  far  Southward  of  that 
extends  their  supposed  Line  of  1686:  That  they  would  be  pleased  to 
compare,  their  Proofs  of  their  supposed  Line  of  1686,  (which  are  incon- 
sistent with  our  Deeds,  and  incumbent  on  them  to  produce)  with  our 
Proofs  already  pointed  to  in  N°  13,  of  the  real  Line  (agreeable  to  our 
Deeds)  agreed  to,  in  and  before  that  same  Year  1686:  That  they  would 
be  pleased  to  show,  why  their  supposed  Line  of  1686  (inconsistent  with 
our  Deeds)  should  be  preferred  to  that  real  Line  of  1686,  (agreeable  to 
our  Deeds,  appearing  by  the  Proofs  in  said  N°  13)  That  they  would  be 
pleased  to  show,  why  a  line  in  1686,  (if  agreed  to  as  they  say)  but 
never  run  nor  ascertained,  should  be  preferred  to  the  Line  agreed  on, 
run  and  markt  in  the  Year  1719,  by  the  same  and  a  much  greater 
Authority.  And  as  by  the  Proceedings  of  New -York,  for  thirteen 
Years  past,  they  have  denied,  and  still  do  deny,  the  Latitude  of  41°  40' 


BoUXDAKlES    OF  THE   S'l'ATE   OF  New    YORK. 

on  Delaware,  in  our  Deeds,  to  be  a  mutual  Limitation  of  the  Bounds 
New -York  and  New-Jersey,  and  esteem  that  Limitation  of  no  Force 
against  New- York \  that  they  would  be  pleased  to  show,  why  it  ought 
to  be  of  any  Force  against  New- Jersey  f  And  if  of  no  Force,  why 
(according  to  the  Words  in  our  Deeds  set  forth  in  Article  II.  of  our 
Memorial)  New-Jersey  should  not  extend  Northward,  as  far  as,  the 
nothermost  Branch  of  Delaware  River  f  which  we  suppose  is  not  less 
Northward  than  its  Fountain,  which  is  about  eighty  Miles  Northwards 
of  the  Latitude  of  41°  40'  discovered  in  1719;  and  which  would  include 
in  New- Jersey,  all  the  New  -York  Patents  along  the  Line  of  1719,  except 
a  few  Acres  of  the  Tapan  Patents,  and  a  very  small  Part  of  Harden- 
berg's  Patent;  And  suppose,  that  the  Latitude  of  41°  40',  is  no  mutual 
Limitation,  and  suppose  also,  that  the  Word  Branch  in  our  Deeds, 
should  be  adjudged  to  mean  Forks  (which  we  do  not  apprehend  it  can) 
then  why  the  Fork  made  by  the  First  Brook  that  falls  into  Delaware 
below  its  Fountain,  should  not  be  the  Fork  meant  in  our  Deeds.  It 
seems  something  unaccountable  to  us,  that  the  People  of  the  Minisink 
and  Wawayanda  Patents,  should  have  been  at  so  much  Pains  for 
thirteen  Years  past,  to  make  void  those  Words  in  our  Deeds  (which  is 
in  41°  40'  of  Latitude)  for  were  it  not  for  those  Words,  the  said  two 
Patents,  we  think,  would  be  entirely  and  unquestionably  included  in 
New- Jersey,  as  the  Deeds  thereof  are  from  a  Subject  to  other  Subjects: 
And  as  the  People  of  those  two  Patents,  have  now  for  thirteen  Years 
past  (by  their  unneighbourly  behaviour  to  New-Jersey)  insisted,  that 
these  Words  are  of  no  Force;  we  humbly  conceive  it  would  be  but 
just  as  to  them,  that  those  Words  should  be  adjudged  so;  and  con- 
sequently, that  New-Jersey  extends  Northward,  as  far  as  the  northermost 
Branch  of  Delaware  extends,  and  that  the  Lands  of  these  two  Patents 
are  in  New-Jersey. 

*  *  *  * 

We  beg  leave  also,  to  represent  to  your  Excellency,  that  the  Council 
of  New -York,  by  their  said  Report  of  March  last,  do  say,  they  find, 
"  That  the  Borderers  frequently  oust  each  other  from  their  respective 
"  Possessions."  As  to  which  Fact,  we  have  made  the  strictest  Enquiry 
in  our  Power,  and  have  found  nothing  to  support  it,  but  those  four 
Things,  set  forth  in  Page  38,  of  N°.  11.  annexed  to  our  Memorial;  all 
perpetrated  on  People  of  New-Jersey;  and  no  one  Instance  have  we 
been  able  to  discover,  of  any  Person  of  New-Jersey,  that  ever  ousted 
any  Person  of  New  -  York  from  his  Possession ;  wherefore  we  beg  of 
your  Excellency,  that  you  would  in  like  Manner  demand  of  the  Lieuten- 
ant Governor  and  Council  of  New  -  York,  that  they  would  name  what 
Person  or  Persons  of  New -York,  has  or  have  been  ousted  by  any 
Person  or  Persons  of  New- Jersey ;  with  the  Place  or  Places,  and  Time 


696  Copies  of  Documents  Relating  to  the 

where  and  when;   that  we  may  also  be  enabled  to  enquire  into  that 
Matter,  and  make  the  Truth  appear  by  our  Answer. 

We  are, 
May  it  please  your  Excellency, 

Your  Excellency's  most  obedient,  and  most  humble  Servants. 

By  Order  of  the  Council  of  Proprietors  of  East- New- Jersey, 

ANDREW  JOHNSTON,  President. 

Perth- Amboy,  August  20th,  1754. 
— [Doc.  No.  16,  annexed  to  Memorial  of  East  N  J.   Proprietors,  of 
Nov.  20,  1753. 

[In  N.  J.  Council.] 

August  23,  1754. 

*  *  *  * 

Mr.  Kemble,  Chairman  of  the  Committee,  to  whom  the  References 
were  Yesterday  made,  concerning  the  Line  of  New  -York,  made  Report 
in  the  following  Words  : 
May  it  please  your  Excellency, 

In  Obedience  to  your  Excellency's  Order  in  Council  of  Yesterday, 
referring  to  us  the  Representation  of  the  Council  of  Proprietors  of  the 
20th  Instant,  and  to  enquire  what  Proceedings  have  been  concerning 
the  Line  of  New -York  and  this  Province,  since  the  Report  made  to 
your  Excellency,  on  the  Twenty-second  of  February  last;  we  have 
accordingly  enquired  into  the  same;  and  from  sundry  Proofs  produced 
to  us,  we  find,  and  do  humbly  report  to  your  Excellency, 

That  on  the  Twenty-third  Day  of  February  last,  Mr.  Alexander 
delivered  to  the  Chairman  of  the  Committee  of  Council  of  New -York, 
the  Answer  to  the  Proposals  of  the  Attornies  for  the  New  -  York  Patents 
along  the  Line;         *         * 

We  find,  that  the  said  Answer,  demanded  of  the  said  Attornies  to 
produce  the  Proofs  they  had,  to  support  their  pretended  Line  of  1684, 
to  Little  Minisink  Island ;  and  shewed  the  Improbability  of  their 
having  any  sufficient  Proofs  to  that  Purpose:  And  tho'  the  said  Pro- 
posals demanded  the  said  Answer  with  the  utmost  Speed;  and  tho'  the 
Answer  was  solemnly  delivered  to  them,  as  before,  within  Twenty-two 
Days  after  the  Delivery  of  the  Proposals;  yet  now,  above  Twenty- 
two  Weeks  have  elapsed,  and  none  of  the  Proofs  demanded  have  been 
shewn  ;  nor  has  any  Apology  been  made  for  the  Delay;  nor  have  they 
signified,  whether  the  said  Answer  to  the  Proposals  was  to  them  satis- 
factory, tho'  by  a  Letter  of  March  30th  last,  they  were  reminded  of 
that  Matter. 

*  *  *  * 


Boundaries  of  the  State  of  New  York.  697 

We,  find  that  by  a  Letter  *  *  of  March  15th  last,  his 
Honour  the  Lieutenant  Governor  of  New -York,  transmitted  to  your 
Excellency,  a  Copy  of  a  Report  of  the  said  Committee  of  Council  of 
New  -  York,  made  the  4th  of  March;  which  Letter  and  Report,  your  Excel- 
lency laid  before  this  Board,  on  the  Twenty-third  of  March  last,  whereon 
they  were  referred  to  the  Council  of  Proprietors  of  East- Netc- Jersey. 

We  find,  that  on  the  Second  Day  of  April  last,  the  said  Attornies 
for  New -York,  were,  by  a  Letter,  notified,  that  the  said  Council  of 
Proprietors,  or  Persons  named  in  their  Behalf,  were  ready  to  give 
Security,  in  any  Sum,  to  pay  Half  the  Charge  of  obtaining  and 
executing  his  Majesty's  Commission,  for  settling  the  Bounds  between 
New  -  York  and  New  Jersey,  on  the  like  Securities  being  given  on  the 
Part  of  New  -  York. 

We  find,  that  on  the  Sixtli  of  April  last,  were  printed  and  published, 
by  the  Leave  of  your  Excellency  and  this  Board,  to  be  annexed  to  the 
Memorial  of  the  Council  of  Proprietors,  of  November  20th  last;  the 
following  Papers,  viz.  N°.  8.  Being  the  Letters  of  February  2d  last. 
N°.  9.  The  Minute  of  this  Board  of  February  7th,  approving  the  same. 
N°.  10  and  11.  The  Proceedings  of  this  Board,  on  the  21st  and  22d 
Days  of  February  last.  N°.  12.  The  said  Proposals  of  the  New -York 
Attornies.  N°.  J 3.  The  said  Answer  to  them:  To  which  were  also 
added,  N°.  14.  The  said  Letter  of  March  30;  and,  N°.  15.  The  said 
Letter  of  Ap>ril  2d ;  and  on  the  same  Day,  two  Copies  thereof  were 
delivered  to  the  Lieutenant  Governor  of  New  -York;  and  soon  after- 
wards, other  Copies  to  the  Gentlemen  of  the  Council,  and  to  many 
Gentlemen  of  the  Assembly  of  New  -  York. 

We  find,  as  to  the  Paragraph,  of  his  Honour  Lieutenant  Governor 
De  Lancey's  said  Letter,  to  your  Excellency  of  March  15th,  in  these 
Words, —  '  I  do  further  propose,  that  Noli  prosequi^  be  granted  from 
1  both  Governments,  to  put  an  End  to  the  Prosecutions  that  are  now 
'  carrying  on  in  each  Province.'  That  the  said  Council  of  Proprietors, 
in  March  last,  on  considering  the  same,  were  of  Opinion,  that  it  would 
be  to  very  little  Purpose,  to  have  Noli  prosequi^,  as  to  the  Prosecu- 
tions then  carrying  on,  unless  both  Sides  were  some  Way  or  other, 
secured  from  the  like  Prosecutions  for  the  future:  Wherefore,  by 
Virtue  of  the  said  Reference  to  them,  they  impowered  one  of  their 
Number  to  confer  with  his  Honour  on  that  Matter,  and  on  the  Ways 
and  Means  of  that  Security;  and  if  reasonable,  they  named,  who  on 
their  Part,  should  agree  to  it  in  Writing:  But  that  if  such  Security 
was  not  found  and  agreed  to,  that  then  they  should  decline  agreeing  to 
Noli  prosequt's,  as  to  those  Prosecutions  then  carrying  on ;  and  assign 
that  Refusal,  of  such  Security  on  the  Part  of  New  -  York,  as  the  Cause 
of  their  so  declining. 


698  Copies  of  Documents  Relating  to  the 

We  find,  that  on  the  fourth  Day  of  April  last,  the  Person  so  impow- 
ered,  humbly  requested  of  his  Honour,  a  Conference  with  him  on  that 
Matter ;  but  that  his  Honour  declaring,  he  was  then  pre-engaged, 
that  Person  then  delivered  to  him  in  writing,  the  Substance  as  before, 
of  what  he  was  ordered  to  confer  with  him  upon;  begging,  that  as  soon 
as  his  Honour  could,  he  would  be  pleased  to  appoint  the  Time  and 
Place  for  conferring  thereon:  And  that  on  the  Sixth  of  April,  the  said 
Person,  by  Letter  to  his  Honour,  repeated  the  last  Request ;  and  on  the 
sixteenth  of  April,  by  another  Letter,  did  the  same;  but  his  Honour 
hath  hitherto  been  pleased  to  decline  any  Conference  on  that  Matter. 
This  seemed  to  us  so  extraordinary,  (as  the  Matter  had  been  referred, 
by  your  Excellency  and  Council,  to  the  Council  of  Proprietors;  and  his 
Honour  fully  acquainted  with  that  Reference,)  that  we  were  induced  to 
think,  his  Honour's  declining  to  confer,  on  his  own  Proposal  of  mutual 
Noli  prosequVs,  arose  from  the  Hurry  of  other  Affairs,  until  we  saw 
the  Proofs  of  the  Irruptions  of  May  and  June  last,  herein  after  set 
forth;  and  the  Letter  of  June  5th,  wherein  his  Honour  refuses  to  have 
any  Conferences  with  the  Council  of  Proprietors,  or  the  Person  they  had 
so  appointed,  touching  these  Matters.  And  had  there  been  even  no  such 
Reference;  yet,  in  the  Nature  of  Things,  the  Council  of  Proprietors,  as 
Part-Owners,  and  representing  the  other  Owners  of  the  Soil,  on  the 
New-Jersey  Side  of  the  Line,  must  have  the  greatest  Concern  in  every 
Thing  that  relates  to  that  Line:  And  his  Majesty,  and  the  whole  Legis- 
lature of  New-Jersey,  have  been  so  much  of  that  Opinion,  that  by  one 
Act  (mentioned  in  Article  IX.  of  the  Memorial)  which  has  the  Royal 
Assent ;  and  by  another  Act  mentioned  in  Article  XXXII.  the  whole 
Charge  of  settling  that  Line,  is  to  be  paid  by  the  said  Proprietors; 
which  would  have  been  unjust  to  them,  if  any  other  Persons  had  any 
Interest  of  Moment  therein  on  that  Side:  And  Reason  dictates,  that 
they  who  have  the  Whole,  or  greatest  Interest  in  a  Thing,  have  the 
best  Right  to  treat  of  all  Matters  relative  thereto. — That  his  Excellency 
Governor  Clinton,  was  justly  of  these  Sentiments  in  1743;  his  Honour 
cannot,  on  Reflection,  but  remember,  when  his  Excellency  referred  the 
Complaints  of  New-Jersey,  to  his  Honour,  and  other  the  Owners  of  the 
Soil  on  the  New -York  Side  of  the  Line,  as  by  Article  XXVII.  of  the 
Memorial ;  and  for  Want  of  their  Consent,  Governor  Clinton  never 
gave  any  Redress  to  these  Complaints,  tho'  he  abhorred  the  Matters 
complained  of,  and  heartily  inclined  to  have  redressed  them;  as  we  have 
great  Reason  to  believe. 

*  *  *  * 

We  have  also  considered  the  said  Report  of  the  Council  of  New- 
York,  of  March  4th ;  and  Letter  to  your  Excellency  therewith  of 
March     15th;   together   with   the   Representation   of  the   Council   of 


Boundaries  of  the  State  of  New  York.  699 

Proprietors  of  East-New- Jersey,  concerning  the  same;  and  find  no 
Impertinence  nor  Indecency  in  the  said  Representation ;  and  are  of 
Opinion,  that  the  several  Questions  and  Explanations,  therein  requested 
to  be  answered  and  made,  by  his  Honour  the  Lieutenant  Governor  of 
New -York  and  Council,  are  proper  and  reasonable. 

We  think,  the  said  Report  and  Letter,  are  now  deserving  of  a  few 
more  Remarks,  than  the  Council  of  Proprietors  have  made  upon  them; 
and  therefore,  beg  Leave  to  say,  that  one  third  Part  of  the  Council  of 
New-Jersey,  are  Proprietors  of  East- New- Jersey;  and  consequently  part 
Owners  of  the  Soil  on  the  New-Jersey  Side  of  the  Line:  And  as  many 
actions  are  now  depending  in  New-Jersey,  and  more  may  be  brought, 
in  Relation  to  the  Line  of  New -York  and  New-Jersey;  which  possibly 
may  come  before  your  Excellency  and  Council,  to  judge  upon  in  the 
last  Resort  in  America;  your  Excellency  and  Council,  have  endeav- 
oured to  avoid  entering  into  the  Merits  of  the  said  Line,  or  doing 
any  Thing  that  might  draw  the  other  two  Thirds  of  the  Council,  into 
prejudging  those  Causes  that  may  be  brought  before  them  concerning  it. 

Tiieke  are  also  many  Actions  now  depending  in  New -York,  and 
more  maybe  brought,  in  Relation  to  the  said  Line,  which  possibly  may 
come  before  the  Governor  and  Council  of  New -York,  to  judge  upon  in 
the  last  Resort;  we  are  sorry  to  see,  that  the  interested  Part  of  that 
Board,  in  the  Lands  on  the  New -York  Side  of  the  Line,  who  (including 
the  Lieutenant  Governor,)  are  half  the  Number  of  those  that  have  been 
concerned  in  the  said  Report,  should  have  (by  that  Report,)  with  the 
disinterested  Part  of  that  Board,  entered  into  judging  of  the  Merits 
of  that  Matter. 

The  Memorial  of  the  Council  of  Proprietors,  was  made  by  the 
Owners  of  the  Soil  on  the  New-Jersey  Side,  in  Answer  to  Complaints 
of  them,  to  the  Governor,  Council  and  Assembly  of  New  -  York,  by 
the  Owners  of  the  Soil  on  the  New -York  Side  of  the  Line;  and  as  the 
Memorial  contained  a  full  Answer  to  those  Complaints,  and  a  large 
State  of  the  Case  concerning  the  Line,  and  numerous  Complaints 
against  the  Owners  of  the  Soil,  on  the  New -York  Side  of  the  Line,  (at 
least  of  the  People  of  Minisink  and  Wawayanda)  it  seems  to  us,  that 
it  became  the  duty  of  the  Governor  and  Council  of  New  -  York,  to  refer 
the  Memorial  to  the  Concerned  on  the  New  -  York  Side,  to  answer  the 
State  of  the  Case,  and  to  justify  or  deny  the  Matters  complained  of 
therein;  and  not  become  Parties  themselves,  by  stating  a  new  Case,  and 
entring  into  giving  their  Opinions  thereon,  and  not  taking  Notice  of 
the  Complaints  in  the  Memorials ;  tho'  many  of  them  are  of  Crimes  of 
an  atrocious  and  barbarous  Nature. 

Tho'  that  Reference  was  not  made,  to  the  Owners  of  the  Soil  on  the 
New  -  York  Side,  as  we  think  it  ought  to  have  been,  yet  by  the  Com- 


700  Copies  of  Documents  Relating  to  the 

mittees  recommending  to  their  Attornies,  to  enter  into  the  Letters  of 
February  2d;  and  to  give  the  Proposals  of  February  4th  to  answer;  it 
seem'd,  that  the  Owners  of  the  Soil  of  both  Sides  were  to  carry  on  the 
Controversy,  in  order  for  an  amicable  Agreement;  but  why  the  Com- 
mittee took  the  Matter  out  of  the  Attornies  Hands  into  their  own,  after 
the  Answer  to  the  Proposals  had  been  nine  Days  delivered  to  them, 
instead  of  obliging  the  Attornies,  to  reply  to  the  Ansxoer,  that  Committee 
best  knows;  to  us,  we  must  say,  it  seems  very  strange. 

We  observe,  that  the  said  Report  of  March  4th,  contains  one  Para- 
graph of  the  Report  of  the  Lords  of  Trade,  concerning  this  Matter; 
we  beg  Leave  to  insert  another,  viz.  "  The  established  Limits  of  'its  [the 
"  Province  of  New-Jersey  meaning]    Jurisdiction    and   Territory,  are 

"such  as  the  Grants  under  which  it  claims  have  assigned; if  those 

"  Grants  are  doubtful,  and  Differences  arise,  upon  the  Construction  or 
"  upon  the  Matter  of  them,  we  humbly  apprehend,  that  there  are  but 
"  two  Methods  of  deciding  them ;  either  by  the  Concurrence  of  all 
"  Parties  concerned  in  Interest ;  or,  by  the  regular  and  legal  Forms  of 
"judicial  Proceedings ;  and  it  appears  to  us,  that  the  legal  Method  of 
"  Proceeding,  must  be  derived,  from  the  immediate  Authority  of  the 
"  Crown  itself,  signified,  by  a  Commission  from  your  Majesty  under 
"  the  great  Seal;  the  Commission  of  subordinate  Officers,  and  of  deriva- 
"  tive  Powers,  being  neither  competent  nor  adequate  to  such  Purposes." 

As  to  the  first  Method,  viz.  the  Concurrence  of  all  Parties  concerned 
in  Interest ;  the  best  Course  to  obtain  that,  it  seems  to  us,  would  have 
been,  that  both  Sides  should  be  fully  informed  of  the  Points  in  Con- 
troversy, and  of  the  Truth  of  Facts  concerning  those  Points;  which,  we 
believe  the  Proprietors  of  Fast-Jersey,  by  their  Memorial  and  Papers 
annexed,  have  sincerely  endeavoured ;  we  wish  we  could  say  so  on  the 
Part  of  .New  -  York ;  but  the  Delays  of  communicating  the  Proofs  of 
their  Pretensions,  and  their  late  violent  and  unneighborly  Proceedings, 
herein  set  forth;  give  little  or  no  Hopes  of  settling  the  Hounds  between 

the  two  Provinces  in  that  Method; what  then  can  remain  to  be  done, 

but  to  proceed  in  the  only  other  Method  pointed  out  by  the  Lords  of 
Trade  ;  by  the  regular  arid  legal  Forms  of  judicial  Proceedings,  by  a 
Commission  from  his  Majesty  under  the  great  Seal  f  The  Proprietors 
of  East- Jersey,  by  the  Letter  N°.  15.  of  April  2d  last,  annexed  to  the 
Memorial,  have  offered  to  join  in  that  only  other  Method,  and  to  give 
sufficient  Security,  in  any  Sum  to  be  agreed  on,  to  pay  Half  the  Charge 
of  obtaining  and  executing  that  Commission ;  on  the  like  Security 
being  given  on  the  Part  of  New  -  York  ;  but  now  above  four  Months 
are  elapsed,  and  no  Answer  whatsoever  given  to  that  Proposal,  but 
instead  of  it,  new  Irruptions  into  New-Jersey,  and  distressing  the  New- 
Jersey  People,  by  long  and  needless  Attendances  at  their    Courts,  and 


Boundaries  of  the  State  of  New  York.  701 

refusal  to  confer  on  the  Methods  for  putting  an  End  to  those 
unneighborly  Proceedings',  which  have  no  tendency  whatsoever  to  the 
Settlement  of  the  Line,  but  needlesly  create  great  Expence  ;  and  tend 
to  Bloodshed  and  Murders. 

We  find,  that  the  said  Report  of  March  teh  alledges,  "  That  the 
"  Government  of  New-Jersey,  hath  extended  its  Jurisdiction,  to  the 
"Northward  of  the  supposed  Line  of  1686,  by  Virtue  of  sundry  Pre- 
(i  fences  of  Bight ;  "  as  to  which,  it  appears  to  us,  that  the  Government 
and  Proprietors  of  Jersey,  have  been  always  uniform  in  their  Pretensions 
concerning  the  Line,  viz.  that  "'tis  to  run  from  the  Latitude  of  41°  on 
Hudson's  Biver,  to  the  Latitude  of  41°.  40'.  on  the  Northermost  Branch 
of  Delaware;  agreeable  to  the  Bounds  of  the  Deeds  thereof,  in  Article 

II.  of  the  Memorial. We  find,  that  it  was  agreed  it  should  run  so,  by 

the  Governor  and  Council  of  New -York  in  16S6,  by  the  Minutes  of 
Council  of  New  -  York,  set  forth  in  Page  42,  N°.  XIII.  annexed  to  the 
Memorial;  and  that  it  was  also  agreed  to  run  so,  by  all  the  Commis- 
sioners and  Surveyors  of  New -York  and  New- Jersey,  in  1719,  appointed 
by  Acts  of  the  General  Assemblies  of  both  Provinces;  as  from  Article 
VIII,  to  XIV.  of  the  Memorial;  and  that  even  the  Fore-fathers  of  the 
present  Owners  of  the  Minisinks  and  Wawayanda  Patents,  did  not 
pretend  any  Thing  to  the  Contrary,  as  appears  by  their  Petition,  N°.  3, 
in  Pages  1.5  and  16,  annexed  to  the  said  Memorial :  But  the  Pretenses,  of 
New -York,  NOW,  to  the  Contrary,  seem  very  various:  For,  the  Attor- 
nies  for  New -York,  by  the  Proposals,  N°.  12,  on  the  4th  of  February, 
alledge,  the  Line  was  agreed  in  1 684,  to  run  from  the  Southermost  End 
of  Little  Minisink  Island  in  Delaware,  (which  is  about  forty  Miles 
below  the  Latitude  of  41°.  40'.  discovered  in  1719,)  to  over  against  the 
Yonkers  on  Hudsons  Biver,  (about  four  Miles  below  the  Latitude  of 

41°.) The  Council  of  New -York,  by  their  said    Report  of  March 

4th,  say,  that  a  Line  was  agreed  in  1686,  between  the  Governor  of  New- 
York,  and  the  Governor  of  New-Jersey,  to  extend  from  a  place  on 
Hudson's  Biver,  West  from  the  Yonkers,  to  the  Southward  of  Great  and 
Little  Minisinks;  but  how  much  Southward,  they  do  not  ascertain;  and 
as  Minisink  extends  Southwards  about  fifty  Miles  below  the  Latitude 
of   41°.  40',  discovered  in,  1719,  it  must  be  somewhere  Southward  of 

those  fifty  Miles. His  Honour  Lieutenant  Governor  De  Lancey,  by 

his  said  Letter  to  your  Excellency,  of  March  15th,  is  pleased  to  say, 
that  he  conceives  the  Forks  of  Delaware,  (the  Place  now  known  by  that 
Name,  being  about  80  Miles,  below  the  Latitude  of  41°.  40.  discovered 
in  1 7 1 9,)  are  the  Ne  plus  ultra,  of  the  Northern  Boundary  of  Jersey 
on  that  Side;  it  seems  to  us  very  strange,  that  those  Gentlemen,  should 
within  six  Weeks,  differ  so  much  from  each  other  in  their  Pretensions ; 
and  now  for  above  four  Months,  after  a  Demand  of  them  severally; 


702  Copies  of  Documents  Relating  to  the 

delay  giving  any  Proofs  or  Reasons  for  those  various  Pretensions', 
which  Proofs  and  Reasons  they  ought  severally  to  have  had  ready  to 
produce,  before  they  set  up  those  Pretensions. 

As  by  all  those  various  Pretensions  of  New  -  York,  they  deny  the 
Latitude  of  41°,  40',  on  the  Northermost  Branch  of  Delaware,  to  be 
a  mutual  Limitation  there  to  the  two  Provinces;  we  should  be  glad 
(when  that  Limitation- is  out  of  the  Deeds,)  that  the  said  Gentlemen 
would  point  out,  what  can  hinder  New-Jersey  to  extend  Northward 
as  far  as  the  Northermost  Branch  of  Delaware  extends;  and  why  the 
Jurisdiction  of  New-Jersey  should  not  be  extended  there:  For,  while 
they  themselves  deny  that  Limitation  to  be  of  Force,  Nothing  to  us 
appears  to  hinder  its  so  extending,  and  that  with  much  better  Reason, 
than  any  that  we  know  of,  for  their  said  three  various  Pretensions. 

This  Extension  of  the  Jurisdiction  of  New-Jersey,  with  Submission 
to  your  Excellency,  we  think  the  more  reasonable,  for  that  many  and 
great  Sums,  for  Thirteen  Years  past,  have  been,  by  the  People  of  the 
Minisink  and  Wawayanda  Patents,  levied  from  the  People  of  New- 
Jersey,  for  Taxes,  and  by  Distresses;  for  which  we  see  no  other  Way 
of  compensating  the  Province  of  New>-Jersey :  Nevertheless,  if  any 
good  Reasons  the  Lieutenant  Governor  and  Council  of  New -York  will 
show,  why  the  Jurisdiction  of  New-Jersey  should  not  be  so  far  extended, 
we  doubt  not  they  will  have  all  due  Weight. 

By  Order  of  the  Committee, 
August  23d,  1*754.  Peter  Kemble,  Chairman. 

Which  being  read,  was  approved  of  by  the  Board ; 

Ordered,  That  Leave  be  given  to  print  the  same;  and  also  the  Repre- 
sentation: And  it  is  humbly  requested  of  his  Excellency,  that  he  will 
please  to  write  to  the  Lieutenant  Governor  of  New -York  thereupon; 
and  that  printed  Copies  thereof  be  delivered,  with  his  Excellency's 
said  Letter. 

— [Doc.  No.  17,  annexed  to  Memorial  of  East  N.  J.  Proprietors,  of 
Nov.  20,  1753. 


[In  N.  Y.  Council.] 

September  7th  1754. 

His  Honour  Communicated  a  Letter  from  Governor  Belcher  of  the 
27th  Ultimo,1  inclosing  a  Copy  of  a  Representation  of  the  Council  of 
proprietors  of  the  Eastern  Division  of  New  Jersey,  to  his  Excellency 
Governor  Belcher  of  the  20th  Ultimo,  and  a  Report  of  a  Committee  of 

1  This  letter  (N.  Y.  Col.  MSS.,  lxxix,  16)  is  one  of  "The  Missing  Historical 
Records"  described  by  the  N.  Y.  Sec'yof  State  in  his  circular  of  March  26, 1877. --[P. 


Boundaries  of  the  State  of  New  York.  703 

the  Council  of  that  Province,  to  Governor  Belcher  dated  the  23d  of 
August,  both  in  Answer  to  the  Report  of  a  Committee  of  the  Council 
of  this  province,  dated  the  Is.'  and  entered  the  4th  of  March  last,  Relat- 
ing to  the  disturbances  amoug  the  Borderers  on  the  two  provinces,  and 
proposing  a  Line  of  peace  until  the  final  Settlement  of  the  true  division 
Line. 

Ordered  that  the  said  representation,  and  the  Report  of  the  Com- 
mittee of  the  Council  of  New  Jersey,  be  Hef erred  to  the  Committee  of 
this  Board  who  made  the  said  Report  of  the  4th  of  March  last,  and  that 
they  make  Report  thereupon  with  all  convenient  speed. 

— [A7".   Y.  Council  Minutes  (MS.),  xxiii,  218. 


[Governor  Belcher  to  Lieut.  Governor  De  Lancet.] 

[Sept.  12,  1754.] 
Sir: 

I  reciev'd  by  the  Post  your  Favour  of  the  7 :  Instant,  &  am  in  the 
first  Place  to  ask  your  Honours  Pardon  for  the  Mistake,  I  made  in  my 
last,  calling  the  Letter  I  referred  to,  the  13:,  when  I  should  have  said 
the  3d:  &  which  Letter  I  sent  to  the  care  of  Mr.  Alexander  &  the  8:  ol 
May  he  writes  me  thus: 

"  I  had  this  day  the  Favour  of  your  Excellencys  Letter  of  the  3 :  Instant, 
"inclosing  one  to  His  Honour  L.  Governour  De  Lancey,  which  I  sent  to 
"the  Secretarys  Office,  where  he  commonly  calls  every  Day"  —  however 
as  Your  Honour  desires,  I  now  inclose  you  a  Copy  of  that  Letter. — 

As  we  are  both  serving  one  &  the  same  just  and  good  Master,  I  hope 
we  have  his  Honour  &  Interest  at  heart,  as  well  as  the  Peace  &  Wel- 
fare of  His  good  Subjects,  of  the  Provinces,  where  we  have  the  Honour 
severally  to  preside;  &  this  according  to  the  best  Judgment  we  can 
make  of  things,  in  their  Present  Scituation,  so  your  Honour  will  give 
me  Leave,  to  repeat,  that  I  think  it  best,  to  pursue  the  most  Pacific 
measures,  in  Order  to  a  Subsision  or  Suspension  of  the  present  Difficul- 
ties, relating  to  the  Boundaries  between  the  two  Provinces,  &  to 
Facilitate  this  I  shall  lay  your  Honours  Letter  of  the  7:  Instant  before 
His  Majestys  Council  of  this  Province  at  their  next  meeting  me,  which 
is  to  be  the  1 :  of  the  next  Month,  &  then  I  shall  write  your  Honour 
again  in  this  Affair  &  will  onely  add,  as  a  further  Argument  to  a  Coali- 
tion, that,  considering  how  the  Kings  Provinces,  on  this  Continent  are 
almost  universally  attacked,  in  the  most  Barbarous  Manner,  by  the 
Perfidious  French  &  their  Indians,  certainly  we  ought  not  to  be  tena- 
cious, by  disputing  among  ourselves  in  things,  that  may  certainly  be 
travers't  &  adjusted  at  a  more  convenient  Season.  — 


704  Copies  of  Documents  Relating  to  the 

You  may  be  sure,  Sir,  as  we  are  so  near  Neighbours,  I  shall  always 
be  glad  to  cultivate  the  best  Friendship  betwixt  us;  &  which  will  have 
a  Natural  Tendency  to  serve  our  Royal  Master  and  the  People,  under 
our  several  Cares,  in  the  best  Manner. 

I  wish  you  much  Health,  with  Ease  in  your  Administration,  &  am 

Sir 
Elizabeth  Town  (N.  J.)  Your  Honours 

Sept.  12.  1754.  Most  Obedient  &  Most  Humble  Serv' 

L.  Governour  De  Lancey.  .  J.  Belcher. 

— [N.  Y.  Col  MSS.,  lxxix,  35. 


[In  N.  Y.  Council.] 

September  16*!1.  1754. 

His  Honouir  Communicated  to  the  Board  a  Letter  from  Governor 
Belcher  of  the  12th  Instant,  on  the  subject  of  the  Line  between  the 
two  provinces,  assuring  his  Honour  "  that  he  thinks  it  best,  to  pursue 
the  most  pacific  measures  in  order  to  a  suspension  of  the  difficulties 
relating  to  the  Boundaries  between  the  two  provinces. 

*  *  *  * 

— [N  Y  Council  Minutes  (M>S.),  xxiii,  219. 


[In  N.  Y.  General  Assembly.] 

October  29,  p.  m.,  1754. 

Mr.  Nicoll,  from  the  Committee,  to  whom  was  refered,  the  Memorial 
of  sundry  of  the  part  Owners  and  Proprietors  of  the  Patents  of 
Minisink  and  Wawayanda,         *         *         reported, 

That  it  appeared  to  them,  in  the  Year  1686,  two  Stations  were  fixed 
as  the  terminating  Points  of  the  Line  of  Division  (to  be  run  through  the 
same,  as  far  as  they  can  discover,  never  was  run)  between  the  Provinces 
of  New  -  York  and  New-Jersey,  viz.  The  one  on  the  northwardmost 
Branch  of  Delaware  River,  in  41  Degrees,  40  Minutes  north  Latitude, 
and  the  other  on  Hudson^  River,  41  Degrees,  0  Minutes,  north  Latitude, 
which  is  due  West  from  the  lower  Yonkers  Mills. 

That  the  Stations  so  fixed  as  aforesaid,  were  settled  and  adjusted  by 
the  Surveyors  of  both  Provinces,  by  Virtue  of  the  Authority  of  their 
respective  Governments,  and  with  the  Consent  and  Approbation  of  the 
Proprietors  of  JSaet- New- Jersey.  That  as  to  the  Station  on  Hudson's 
River,  it  appears  so  certainly  designated  by  Names  of  Places  well  known 
as  may  easily  be  found.  As  to  that  on  Delaware  River,  notwithstand- 
ing it  appears  to  have  been  fixed  in  41  Degrees,  40  Minutes  north  Lati- 


Boundaries  of  the  State  of  New  York.  705 

tude,  on  the  most  northwardly  Branch  of  Delaware  River,  yet,  which  is 
the  most  northwardly  Branch  of  that  River,  or  what  Part  thereof  is  in 
the  Latitude  of  41  Degrees,  40  Minutes,  they  cannot  certainly  discover. 
However,  they  find  that  Minisink  (a  Place  well  known)  and  the  Lands  to 
the  Northward  thereof,  have  been  held  under  this  Province,  by  Patents 
granted  by  the  Governors  thereof,  for  near  seventy  Years,  and  which 
are  bounded  South  by  New-Jersey. 

That  the  Governments  and  Inhabitants  of  both  Provinces,  esteemed 
the  southward  Bounds  of  those  Lands,  both  at  the  Time  of  their  being 
granted,  and  for  many  Years  after,  to  be  the  Bounds  between  them. 

That  the  Government,  and  inferior,  civil  and  military  Officers  of  this 
Province,  in  the  Extension  of  their  Jurisdiction  and  Command,  and  the 
Inhabitants  of  this  Province  in  the  Extension  of  their  Possessions,  have 
ever  since  the  Settlement  of  the  Stations  aforesaid,  in  the  Year  1686, 
advanced  Southward  as  far  as,  and  limited  themselves  as  near  as  possi- 
ble by,  the  Bounds  aforesaid. 

That  the  People  of  New-Jersey,  for  many  Years  after  the  Fixation  of 
the  s,aid  Stations,  in  the  Settlement  of  their  Lands,  did  not  extend 
Northward  beyond  the  said  Bounds;  nor  did  the  Government  of  New- 
Jersey,  or  its  inferior  Officers,  ever  till  of  late  Years,  pretend  to  exercise 
Jurisdiction  to  the  Northward  of  the  said  Bounds. 

That  the  People  of  New-Jersey,  have  from  Time  to  Time,  for  a  con- 
siderable Time  past,  collected  themselves  in  large  Bodies,  and  with 
Violence  have  ousted  divers  of  his  Majesty's  Subjects,  holding  Lands 
under  this  Province,  to  the  Northward  of  the  said  Bounds,  and  taken 
Possession  of  their  Lands,  and  do  now  forceably  hold  the  same. 

Ordered,  That  the  said  Report  be  taken  into  Consideration  on  Friday 
next. 
— [N  Y.  Gen.  Assem.  Journal,  1743-1765,  p.  393. 


November  8,  1754. 
*  *  *  * 

The  Order  of  the  Day  being  read,         *         * 

Ordered,  That  Col.  Beekman  and  Capt.  Winne,  wait  upon  his  Honour 
the  Lieut.  Governor,  and  lay  before  him  the  said  Report,  with  the 
Evidences,  relating  to  the  Outrages  and  Insults  complained  of,  and 
desire,  that  he  will  be  pleased  to  use  the  best  Means  in  his  Power,  for 
protecting  his  Majesty's  Subjects  of  this  Province,  and  their  Posses- 
sions, from  such  Insults  and  Outrages,  and  to  exercise  the  Jurisdiction 
of  this  Province,  as  far  Southward  as  the  Bounds  described  in  the  said 
Report,  until  a  final  Settlement  can  be  made,  and  his  Majesty  shall  be 
45 


706  Copies  of  Documents  Relating  to  the 

pleased  to  declare  his  Pleasure,  with  Respect  to  the  future  Jurisdiction 
of  this  Province. 

*  *  *  * 

Col.  Beekman  reported,  That  Capt.  Winne,  and  himself,  had  waited 
on  his  Honour  the  Lieut.  Governor,  *  *  And  that  his  Honour 
was  pleased  to  say,  that  he  would  consider  thereof,  and  lay  the  same 
before  his  Majesty's  Council. 

*  *  *  * 
— [Idem,  p.  404. 


[In  N.  Y.  Council.] 

November  14.  1754. 

*  *  *  * 

His  Honour  Communicated  to  the  Council  a  Message  from  the 
General  Assembly  of  the  8*1"  Instant,  with  the  Report  of  a  Committee 
of  that  House,  of  the  29th  Ultimo,  appointed  to  examine  into  the  allega- 
tions of  the  Memorial  of  sundry  of  the  part  owners  and  proprietors  of 
the  Patents  of  Minisink  and  Wawayanda  and  the  other  patents  within 
this  province  bounded  on  the  Jersey  line:  complaining  of  the  Hard- 
ships the  people  of  this  province  living  near  the  said  Jersey  line  labour 
under,  from  the  encroachments  of  the  people  of  that  province:  In 
which  Message  the  General  Assembly  desire  his  Honour  will  be  pleased 
to  use  the  best  means  in  his  power,  for  protecting  his  Majesty's  Subjects 
of  this  province,  and  their  possessions  from  such  Insults  and  Outrages; 
and  to  exercise  the  Jurisdiction  of  this  province,  as  far  Southward  as 
the  bounds  described  in  the  said  Report:  until  a  final  settlement  can  be 
made,  and  his  Majesty  shall  be  pleased  to  declare  his  pleasure,  with 
respect  to  the  future  Jurisdiction  of  this  province. 

Which  Message  and  Report  were  Read  and  his  Honour  also  laid 
before  the  Board  sundry  Affidavits  delivered  to  him  with  the  said 
Message  some  of  which  wTere  read. 

And  thereupon  it  was  ordered,  that  the  said  Message  Report  and 
Affidavits  be  Referred  to  Mr  Kennedy,  M?  Murray,  Mr  Holland,  MT.  Cham- 
bers and  Mr  Smith  or  any  three  of  them  who  are  appointed  a  Commit- 
tee for  this  purpose,  and  to  Report  their  opinion  on  the  said  papers  with 
all  convenient  speed. 

*  *  ♦  * 

His  Honour  then  laid  before  the  Board  a  Letter  of  the  5th  of  July 
last  from  the  Right  Honourable  the  Lords  Commissioners  for  Trade 
and  plantations,  *  *  —  And  touching  the  dispute  between 
this  province  and  New  Jersey,  relative  to  the  partition  Line,  their 
Lordships  Declare  their  opinion  that  a  Temporary  Line  of  Jurisdic- 
tion should  be  established  by  his  Majesty's  Authority  until  the  true 


Boundaries  of  the  State  of  New  York.  707 

line  of  property  can  be  ascertained,  and  earnestly  recommend  the  taking 
every  legal  measure  to  preserve  the  publick  peace,  and  prevent  the 
mischief  that  may  be  occasioned  by  the  unhappy  dispute  on  this  matter. 
In  which  Letter  also  their  Lordships  take  notice  of  the  Assemblys 
assuming  the  executive  part  of  the  Government  by  granting  the 
Revenue  only  from  year  to  year  for  the  support  of  Government,  and 
express  their  sentiments  very  fully  in  relation  to  such  annual  support: 
And  as  to  the  Emission  of  Bills  of  Credit,  if  the  supply  and  support  of 
the  Government  on  the  present  Emergency  in  the  usual  ways  should  be 
attended  with  such  Difficulty  as  might  induce  the  Governor  to  fall  upon 
this  method,  the  Bills  ought  not  to  be  made  a  legal  tender,  and  the 
Interest  from  the  Loan  of  them,  should  be  applyed  to  the  Services  of 
the  Government,  in  the  manner  prescribed  by  the  Kings  Instructions. 
But  no  such  Act  to  be  assented  to  by  the  Governor  without  a  clause  be 
inserted  therein  suspending  its  effect  till  his  Majesty's  pleasure  be 
known. 

His  Honour  desiring  the  Opinion  of  the  Council  on  the  said  Letter, 
they  advised  him  to  communicate  such  parts  of  it  as  he  should  think 
proper,  to  the  General  Assembly  either  by  Extracts  of  the  said  Letter, 
or  Message  to  the  House. — 

*  *  *  * 

—[A7!  Y.  Council  Minutes  {MS.),  xxiii,  228. 


[GoVEBNOR    BkLCHBR   TO   LlEUT.    GoVERNOE   De    LaNCEY.] 

[Nov.  23,  1754.1 
Sir: 

On  the  twelfth  Day  of  Sept?  last  I  wrote  to  your  Honour  since  which  I 
have  received  no  Answer  from  you;  I  have  a  Letter  before  me  from  the 
Lords  Commissioners  for  Trade  and  Plantations  dated  the  Fifth  Day  of 
July  last  Copy  of  one  Paragraph '  whereof  I  send  you,  In  which  then- 
Lordships  recommend  the  Preservation  of  the  Peace  of  the  Provinces  of 
New  York  and  New  Jersey  upon  their  Present  Disputes  Concerning  the 
Line  of  Division  which  I  shall  do  my  Utmost  to  Comply  with,  Con- 
sistent with  my  Duty  to  his  Majesty  and  the  Trust  he  has  reposed  in  me 
for  the  Protection  of  the  People  of  this  Province  Committed  to  my  Care. 

I  am  heartily  Sorry  that  the  Agreement  of  February  2*  last  N°  8 
Annexed  to  the  Memorial  of  the  Proprietors  of  East  Jersey  was  not 
approved  of  by  you  and  the  Council  of  New  York,  as  it  was  by  me  and 
the  Council  of  New  Jersey  as  Appears  by  N°  9  and  that  the  Irruptions 
of  the  17th  of  May  last  by  People  of  New  York  should  have  been  made 
into  this  Province  in  breach  of  the  said  agreement  as  Appears  by  N?  17 

1  See  quotation,  at  end  of  this  letter. — [P. 


708  Copies  of  Documents  Relating  10  the 

Page  55  it  also  gives  me  no  small  Uneasiness  that  the  People  of  your 
Province  still  Continue  to  decline  their  Joining  in  Endeavours  to 
obtain  his  Majestys  Commission  for  determining  that  Dispute,  as  was 
requested  by  No  15,  which  delay  adds  not  a  little  to  the  presumption, 
that  such  a  Scheme  was  Projected  and  is  still  Carrying  on  as  is  set  forth 
in  P.  50  of  N?  ]  6. 

There  seems  so  much  Difference  in  Opinion  Concerning  what  shall  be 
the  Temporary  Line  that  I  have  little  hopes  that  the  Peace  of  both 
Provinces  Will  be  preserved  without  Entring  into  an  Agreement  of  the 
Nature  of  That  of  February  the  2d  by  which  both  Parties  were  to  remain 
in  Quiet  under  the  laws  of  their  respective  Provinces  and  unless  they  do 
also  Consent  to  join  in  obtaining  the  Commission  as  was  proposed  by 
N?  15  both  which  Matters  as  they  have  been  heretofore,  so  they  are 
now  ready  to  be  agreed  to  on  the  part  of  New  Jersey,  which  with  Nolle 
Prosequis  Mutually  to  be  granted,  and  Actually  Carrying  the  Commis- 
sion bona  fide  into  Execution,  seem  to  me  the  most  Probable  means  of 
Restoring  and  Preserving  the  Peace  of  both  Provinces  Especially  as  the 
Running  a  Streight  Line  from  Either  of  the  Disputed  Places  on  Hudsons 
river  to  any  part  of  Delaware  will  Affect  and  greatly  Injure  Many  of  the 
honest  Purchasors  and  Setlers  Near  the  Line  and  to  Run  to  the  South- 
ward of  Minisincks  on  Delaware,  will  include  many  Hundreds  of 
Family s:  in  New  York  Government,  who  have  long  held  and  Possessed 
their  Lands  under  New  Jersey  Title.  I  beg  Your  Honour  will  Con- 
sider of  the  above  Matter  and  give  a  Speedy  Answer  to 

Sir 

Elizabeth  Town  Your  most  Humble  Servant 

Nov?  23d  1754.  J.  Belcheb 

To  the  Hon—  James  De  Lancey  Esq' 
Lieutenant  Governour  of  New  York. 

"It  gives  us  great  Concern,  to  find  by  your  Letter  of  the  28V1  of 
"  December,  that  any  Riots  and  Outrages,  have  been  Committed,  on 
"  Ace'  of  the  Disputes  between  N.  York  and  N.  Jersey,  relative  to  the 
"Line;  we  think  it  highly  necessary,  for  the  preservation  of  the  peace, 
"  that  some  Temporary  Line  of  Jurisdiction,  should  be  established,  by  his 
"Maje6tys  Authority,  untill  the  true  Line,  properly  can  be  ascertained; 
"and  we  shall  shortly,  take  this  matter,  into  Consideration,  and  lay  our 
"  thoughts  upon  it,  before  his  Majesty,  in  the  meantime,  we  earnestly 
"recommend  to  you,  as  we  have  already  done,  to  the  Governour  of 
"  N.  York,  to  take  every  prudent  and  Legal  method,  to  preserve  peace 
"  and  quiet,  among  his  Majestys  Subjects.  — 

— \N.  Y.  Col  MSS.,  lxxix,  83. 


Boundaries  of  the  State  of  New  York.  709 

A  Paragraph  of  the  Opinion  and  advice  of  the 
Council  of  New  Jersey  to  his  Excellency  Jonathan 
Belcher  Esq?  Governour  &c  :  November  23?  1*754. 

And  Whereas  the  pretences  of  New  York  as  to  the  Bounds  of 
New  Jersey  on  Delaware  River  are  so  Various,  as  by  the  New  York 
Attorneys  to  be  pretended,  to  Little  Minisink  Island,  above  thirty  Miles 
below  the  Latitude  of  41°.  40'.  Discovered  in  1719  ;  by  the  Council  of 
New  York,  about  Fifty  Miles  below  said  Latitude  ;  by  the  Lieutenant 
Governour  of  New  York  about  Eighty  Miles  ;  by  the  Assembly  of 
New  York,  to  some  place  they  know  not  where,  but  so  that  it  Includes 
Minisinks,  a  Country  of  large  Extent,  whereof  the  greatest  part  is  in 
New  York,  and  the  smallest  part  of  it  in  New  Jersey  ;  which  smallest 
part,  Extends  about  Fifty  Miles  on  Delaware,  below  the  Latitude  of 
41°.  40'.  discovered  in  1719  ;  and  they  have  desired  the  Lieutenant 
Governour  of  New  York,  to  Exercise  the  Jurisdiction  of  New  York, 
as  far  Southward  as  those  Bounds,  as  by  their  Votes  of  October  29'.h  and 
November  8'!1  last  appears  —  And  Whereas  by  the  Memorial  and  other 
Publications  of  the  Council  of  Proprietors  of  East  New  Jersey  long 
Published,  and  particularly  by  N°  16 ;  it  appears  to  be  Averred  and  not 
hitherto  denyed  by  New  York,  that  from  the  Latitude  of  41°.  40'. 
Discovered  on  Delaware  in  1719,  along  a  Line  to  the  Latitude  of  41°.  on 
Hudsons  River  by  the  observations  of  1719.  all  the  Settlements  South- 
westwards  of  that  Line,  were  Originally  made  under  New  Jersey  Titles, 
and  so  have  been  ever  held,  with  a  very  few  Exceptions  ;  and  for  forty 
five  Miles  thereof  from  Delaware,  without  any  Exception,  now,  but  of 
two  Plantations,  whereof  one  was  taken  from  the  New  Jersey  Owner 
by  force,  and  the  other  was  Setled  but  last  Year,  and  for  other  Sixteen 
Miles  of  the  said  Line,  to  witt  a  Breast  of  Cheescocks  Patent,  without 
any  one  Exception ;  which  with  the  said  forty  five  miles,  makes  Sixty 
one  of  the  Seventy  five  Miles  the  whole  length  of  that  Line ;  and 
should  the  desires  of  the  Assembly  of  New  York  be  put  in  Execution, 
many  hundreds  if  not  Thousands  of  Families  of  New  Jersey,  may  be 
Subjected  to  New  York,  to  their  utter  ruine.  And  Whereas  the  Pro- 
tection of  the  People  setled  under  the  Jurisdiction  of  New  Jersey,  is 
by  his  Majesties  Commission  Committed  to  your  Excellency,  and 
thereby  we  humbly  Conceive  (as  far  as  in  your  Power  is)  they  ought 
to  Receive  that  Protection,  against  the  Invasions  Desired  as  aforesaid, 
And  Whereas  we  have  great  reason  to  believe,  as  well  from  the  above 
proceedings  of  New  York,  as  from  the  affidavit  of  Collonell  Dekey 
of  October  24'.h,  that  one  or  more  Invasions,  will  Speedily  be  upon  the 
People  Settled  under  and  yielding  Chearfull  Obedience  to  this  Province 
South  westwards  of  the  said  Line  by  the  Observations  of  1719  ;  where- 
fore we  are  humbly  of  Opinion,  that   your  Excellency  should  Acquaint, 


710  Copies  of  Documents  Relating  of  the 

Abraham  Van  Camp  Collonell  of  the  Regiment  of  Militia  and  Judge 
of  the  County  of  Sussex,  with  the  Premisses  ;  with  Orders  to  him,  to 
acquaint  all  officers  Civil  and  Military,  within  the  said  County  with  the 
same,  and  that  they  be  diligent  in  their  Severall  Duties,  for  the  Pro- 
tection of  the  People  setled  under,  and  Yielding  Obedience  to  New 
Jersey,  Southwestwards  of  the  said  Line  by  the  Observations  of  1719; 
but  at  the  same  time,  that  they  be  Carefull  not  to  disquiet  any  Per- 
sons Setled  under  New  York  Northeastwards  of  the  said  Line,  not 
even  those  who  have  Setled  Southwestwards  of  the  said  Line,  and  do 
yield  Obedience  to  New  York,  tho'  within  this  Province,  untill  further 
Orders. 

And  we  are  further  of  Opinion,  that  your  Excellency  send  to  the 
Lieutenant  Govern  our  of  New  York,  a  Copy  of  your  Excellency's 
Order  to  Collonell  Van  Camp,  hoping  that  he  will  give  the  like  Orders 
in  Orange  County,  and  that  thereby  the  peace  of  both  Provinces  may 
be  preserved,  which  in  our  Opinion,  according  to  the  Advice  of  the 
Lords  of  Trade  to  your  Excellency,  is  the  most  "  prudent  and  Legal 
"method  to  preserve  peace  and  quiet  among  his  Majesties  Subjects." 


Sir.  Elizabeth  Town  Nov!  23?  1 754. 

above  you  have  a  Copy  of  the  Advice  of  Council  to  me,  relative 
to  the  disputed  Line  between  this  and  the  Colony  of  New  York,  and  I 
desire  and  Order  you  to  conduct  youiself  agreable  to  the  matters  therein 
Recommended  for  your  care  and  managem! 
To  Abraham  Van  Camp,  Esq! 
Coll?  of  the  Regiment  for 
the  County  of  Sussex. 

— [N.  T.  Col.  MSS.,  lxxix,  84. 


[In  N.  Y.  Council.] 

November  26th  1754. 
♦  *  *  * 

His  Honour  communicated  a  Letter  from  Governor  Belcher  of  the 
23*  Instant.  In  which  (after  taking  notice  of  a  paragraph  of  a  Letter 
from  the  Lords  of  Trade  dated  the  5,h  July  last,  wherein  their  Lordships 
recommend  the  preservation  of  the  peace  in  both  Governments,  which 
M'  Belcher  says  he  will  do  his  utmost  to  comply  with)  he  says  he  has 
little  hopes  that  the  Peace  of  both  provinces  can  be  preserved,  without 
entering  into  an  agreement  of  the  nature  of  that  of  the  2?  February, 
by  which  both  parties  were  to  remain  in  quiet,  under  the  Laws  of  their 
respective  Governments;  and  joining  in  obtaining  the  Commission  as 


Boundaries  ob  the  State  of  New  York.  711 

was  proposed;  and  granting  Noli  prosequis  mutually.     On  which  points 
Mr  Belcher  desires  an  Answer. 

Which  Letter  was  read,  together  with  the  paragraph  referred  to 
above. 

Also  the  Copy  of  a  paragraph  containing  the  advice  of  his  Majesty's 
Council  of  New  Jersey  to  Governor  Belcher  on  the  23d  November 
Instant,  in  which,  after  a  recital  of  several  matters  relative  to  the  said 
Controversy,  they  advise  his  Excellency  Governor  Belcher  to  acquaint 
Abraham  Van  Camp  Colonel  of  the  Militia  for  the  County  of  Sussex, 
with  the  said  matters,  and  to  direct  him  to  acquaint  the  Officers  Civil 
and  Military  of  that  County  to  be  diligent  in  their  duty,  for  protecting 
the  people  settled  under  New  Jersey,  Southward  of  the  Line  of  171 9: 
but  not  to  disquiet  any  persons,  settled  under  New  York,  Northwards 
of  that  Line,  nor  even  such  who  are  settled  Southwestwards  of  the  said 
Line,  and  yield  obedience  to  New  York,  tho  within  New  Jersey,  till 
further  orders,  And  to  send  Copies  of  the  order  he  should  give  to 
Col0  Van  Camp  to  the  Lieutenant  Governor  of  New  York  hoping  he 
will  give  the  like  orders  in  Orange  County, 

Which  was  read  together  with  a  copy  of  a  Letter  or  order  to  Col,0  Van 
Camp  in  consequence  thereof 

Ordered  that  the  said  papers  be  referred  to  the  same  Committee,  to 
whom  the  other  papers  relating  to  this  controversy  are  Referred  and 
that  they  make  Report,  on  the  several  matters  before  them,  with  all 
convenient  Speed. 

*  *  *  * 

— [A7]   Y.  Council  Minutes  (MS.),  xxiii,  233. 


[In  N.  Y.  General  Assembly.] 

December  3,  1754. 

Resolved,  That  when  his  Majesty  shall  have  settled  the  Station  Points 
from,  and  to  which  the  Line  of  Partition  between  this  Colony  and  the 
Province  of  New-Jersey,  is  to  be  run,  this  House  will  make  Provision 
for  defraying  one  Half  the  Expence  of  running  the  said  Line. 

— [N.  Y.  Gen.  Assent.  Journal,  ii,  p  423. 


712  Copies  of  Documents  Relating  to  the 

[Colony  of  New  York.] 

An  Act  for  submitting  the  Controversy  between  the  Colonies  of  New 
York  and  New  Jersey  relating  to  the  Partition  Line  between  the 
said  Colonies  to  the  final  Determination  of  his  Majesty. 

Passed  December  7,  1754. 

Whereas,  it  is  absolutely  necessary  for  the  Peace  and  Tranquility 
of  this  Colony  and  the  Province  of  New  Jersey  and  for  the  Regular 
administration  of  Justice  within  the  same  that  Some  Certain  Line  both 
of  property  and  Jurisdiction  be  Settled  and  determined  as  and  for  the 
Division  Line  between  this  Province  and  New  Jersey  for  ever  And 
altho'  his  most  Gracious  Majesty  hath  the  sole  and  absolute  Right  of 
fixing  and  Determining  such  Line  of  Jurisdiction  as  aforesaid  Yet  it  is 
Conceived  that  either  the  consent  of  all  the  parties  Interested  or  in  the 
Room  thereof  an  act  or  Acts  of  the  Respective  Legislatures  of  this 
Colony  and  of  New  Jersey  is  or  are  absolutely  necessary  in  order  to 
Render  Such  Determination  binding  and  effectual  with  Respect  to 
private  property  as  the  same  is  Claimed  by  the  Respective  Inhabitants 
of  this  Colony  and  New  Jersey  in  virtue  of  their  several  Titles  under 
the  Crown  And  whereas  the  multiplicity  of  Rights  and  the  State 
and  Condition  of  the  Same  as  well  on  the  part  of  those  Claiming  under 
this  Colony  as  of  those  Claiming  under  New  Jersey  render  it  impossible 
to  obtain  such  Consent  as  aforesaid  And  Whereas  the  several  places 
in  which  the  stations  ought  to  be  fixed  for  the  Partition  Line  between 
this  Colony  and  New  Jersey  are  the  only  matters  in  Controversy 
between  this  Colony  and  New  Jersey  and  are  to  be  fixed  and  adjusted 
upon  a  proper  Construction  of  Certain  Patents  or  Grants  of  the  Crown 
and  Acts  of  Assembly  of  this  Colony  and  of  New  Jersey  and  other 
Deeds  in  Writing  and  Matters  of  Written  Evidence  which  may  as  well 
be  done  in  England  as  in  this  Colony  or  New  Jersey  And  whereas  it 
is  conceived  that  an  humble  submission  of  the  Controversy  Relating  to 
the  Line  of  Property  between  this  Colony  and  New  Jersey  to  his  most 
Gracious  Majesty  will  be  the  most  effectuall  means  to  secure  ample  and 
Compleat  Justice  to  the  Parties  Interested  in  the  said  Controversy 

Be  it  therefore  Enacted  by  the  authority  aforesaid  that  the  Fixing 
and  location  of  the  stations  of  such  Division  Line  of  Property  as  afore- 
said between  this  Colony  and  New  Jersey  shall  be  and  is  hereby 
humbly  submitted  to  be  finally  and  absolutely  settled  and  determined 
by  his  most  Gracious  Majesty  in  such  manner  as  to  his  said  Majesty 
shall  seem  fit  and  Right  which  stations  of  the  said  Division  Line  of 
property  between  this  Colony  and  New  Jersey  whensoever  the  same 
shall  be  fixed  settled  and  determined  in  manner  as  aforesaid  shall  be 
fully  absolutely  and  Compleatly  binding  upon  and  Conclusive  to  the 


Boundaries  of  tee  State  of  New  York.  7lS 

Claim  Rights  and  Interests  of  all  and  every  person  or  Persons  whatso- 
ever Claiming  or  to  Claim  any  share  pai't  or  Proportion  of  and  in  the 
several  Patents  heretofore  Granted  by  the  Crown  within  this  Colony 
that  Border  on  New  Jersey  either  by  the  Express  word  of  such  Patents 
or  by  Necessary  Implication  and  their  heirs  and  assigns  for  Ever  and 
shall  on  the  part  of  this  Colony  and  all  his  Majesties  Subjects  Dwelling 
and  Residing  or  Claiming  Lands  within  the  same  be  and  Remain  the 
Stations  of  and  for  the  Division  Line  of  property  between  this  Colony 
and  the  Province  of  New  Jersey  for  Ever  Provided  always  that  the 
Patentees  and  Proprietors  of  the  Respective  Patents  of  Minisink  and 
Wawayanda  do  not  extend  their  Claim  further  than  the  Supposed  Line 
in  the  Year  Sixteen  hundred  and  Eighty  six 

*  *  *  * 

Be  it  further  Enacted  by  the  authority  aforesaid  that  after  the  said 
Stations  Shall  be  so  fixed  Settled  and  determined  as  aforesaid  a  direct 
Line  between  the  said  Stations  (to  be  Run  by  such  Persons  and  in  such 
manner  as  his  said  most  Gracious  Majesty  Shall  be  pleased  to  appoint 
and  direct)  shall  be  Enure  Continue  and  Remain  to  this  Colony  and  all 
Persons  dwelling  Residing  holding  Possessing  or  Claiming  Lands  by 
Title  within  and  under  the  same  as  for  the  Division  Line  of  Property 
betwen  this  Colony  and  New  Jersey  for  ever 

— [Original  Laws  (MS.)  in  office  of  N~.  Y.  Sec'y  of  State,  vol.  14  (not 
paged  or  numbered). 


Lieutenant-  Governor  De  Lancey  to  the  Lords  of  Trade. 
*  *  *  * 

I  should  be  glad  if  the  observations  I  have  made  on  the  disputes 
between  New  York  and  New  Jersey  can  be  of  any  service;  His  Majesty 
is  greatly  concerned  in  that  controversy,  and  I  am  surprised,  that  the 
construction  I  put  on  the  Duke  of  York's  grant  of  Jersey,  had  not  been 
taken  notice  of  before,  since  it  appears  so  very  obvious.  I  hope  a 
temporary  line  of  Jurisdiction  will  soon  be  settled  by  His  Majesty's 
authority,  that  so  the  Mischief  which  is  justly  apprehended  from  the 
heat  and  violence  of  the  Jersey  Proprietors  may  be  prevented.  I 
inclose  your  Lordpp*  a  printed  copy  of  the  Report  of  the  Council  on 
the  Steps  taken  by  the  Jersey  Proprietors,  to  whom  I  had  referred  the 
consideration  of  those  matters  and  your  Lordpps  will  find  in  pages  20 
and  21.  of  the  printed  proceedings  of  the  Assembly,  the  Report  of  a 
Committee   of  that   house   on    the   Jersey   line,  and   in   page   37.  the 


714  Copies  of  Documents  Relating  to  the 

Message  of  the  house  to  me  on  that  subject,  which  seem  to  me  to  evince 
the  necessity  of  the  speedy  settlement  of  a  temporary  line;  and  from 
these  papers  it  will  appear,  that  both,  the  Council  and  Assembly  advise 
me  to  exercise  the  Jurisdiction  of  this  Govern*  up  to  the  supposed  line 
of  the  year  1686,  which  I  shall  endeavour  to  do  in  the  best  manner  I 
can,  yet  so  as  to  avoid  if  possible  any  mischief. 

•  *  *  *  * 

15  Dec'  1754. 
— [JST.  Y.  Col.  Doc,  vi,  927. 


[In  N.  Y.  Council.] 

December  17*?  1754. 
*  *  *  * 

Mr  Murray  from  the  Committee  appointed  to  take  under  their  consid- 
eration, and  to  make  Report  upon  the  several  papers,  referred  to  them, 
relative  to  the  Division  Line,  between  this  province  and  New  Jersey, 
and  the  Disturbances  which  have  happened  among  the  Borderers  touch- 
ing the  same,  Presented  to  his  Honour  the  Committees  Report  on  the 
said  Matters,  which  was  read  and  on  the  Question  being  put,  agreed  to 
and  approved  of,  Mr.  Alexander  and  M?  Kennedy  dissenting  thereto, 
and  ordered  to  be  entered  in  the  Minutes,  which  is  as  follows  Viz.' 

To  the  Honourable  James  De  Lancey,  Esq!  his  Majesty's 
Lieutenant  Governor  and  Commander  in  Chief  in  and 
over  the  Province  of  New  York,  and  Territories  depend- 
ing thereon  in  America. 

May  it  please  your  Honour. 

In  obedience  to  your  Honour's  Several  Orders 
in  Council,  of  the  13th  March,  4th  April,  25th  July,  7th  and  16th  Septem- 
ber, 14'"  and  26*  November,  Last,  referring  to  us  the  several  Letters 
and  papers  therein  mentioned,  Viz,  the  Reasons  Offered  by  Mr  Alexan- 
der for  his  Dissent  to  our  Report  of  the  4th  of  March  last:  the  Request 
of  the  Proprietors  of  New  Jersey  Signifyed  by  Mr  Alexander,  for  Copies 
of  the  Proofs  upon  which  we  Grounded  our  said  Report:  the  Petition 
of  the  Patentees  of  Minisink  and  Wawayanda,  of  the  25th  of  July,  last: 
A  Letter  from  his  Excellency  Governor  Belcher  of  the  27'^  August 
last:  accompanied  with  a  Representation  of  the  Council  of  Proprietors 
of  East  New  Jersey  of  the  20*h  and  an  order  of  his  Excellency  in 
Council  on  the  22d  referring  the  said  Representation  to  a  Committee 
of  his  Majesty's  Council  of  the  Province  of  New  Jersey,  and  their 
report  thereupon  of  the  23d  of  the  same  Month :  two  Letters  from 
Governor  Belcher  of   the  3d  May;    and  12th  September  last:    A  Mes- 


Boundaries  of  the  State  of  New  York.  71 5 

sage  from  the  General  Assembly  of  this  Province,  to  your  Honour,  of 
the  8th  ult.  With  a  Report  of  a  Committee  of  that  House  on  the  29th  Octo- 
ber preceding,  and  sundry  Affidavits:  and  two  Letters  from  Governor 
Belcher  of  the  23d  ult.  with  Copies  of  the  advice  of  his  Majesty's 
Council  of  New  Jersey;  and  a  Letter,  or  Order  to  Col.  Van  Camp,  of 
the  same  Date:  all  which  relate  to  the  Controversy  between  the  two 
Provinces,  with  respect  to  the  Partition  Line,  and  the  Disturbances 
that  have  happened  among  the  Borderers,  concerning  the  different 
Claims  of  Jurisdiction  and  property:  We  have  duly  weighed  and  Con- 
sidered of  the  same,  and  as  to  such  Matters  contained  in  the  said  Papers, 
as  we  conceive  require  any  Answer,  We  humbly  beg  leave  to  report 
unto  your  Honour  as  follows  —  To  begin  with  Governor  Belcher's  said 
Letter  of  the  twenty-seventh  day  of  August  Last  we  observe  —  1st  that 
the  said  Letter  is  intirely  evasive,  and  Contains  no  direct  Answer  to  the 
Offers  and  Proposals  made  by  your  Honour  on  the  part  of  this  Govern- 
ment, to  the  Government  of  New  Jersey,  and  humbly  recommend  by 
us,  in  our  said  Report  of  the  fourth  of  March  last,  wherein  we  reported 
our  Opinion '"  That  your  Honour  would  be  pleased  to  Signify  to  Gover- 
u  noi:  Belcher,  the  utmost  Willingness  on  the  part  of  this  Government, 
"  to  do  everything  in  its  power  to  give  Ease  to  the  Borderers  on  the 
"  respective  Provinces,  consistent  with  the  just  Rights  of  the  Crown, 
"and  the  Inhabitants  of  this  Province;  —  and  to  join  with  that  Gov- 
"  ernment  in  running  a  Temporary  Line  of  Jurisdiction  and  Peace, 
"Conformable  to  the  Stations  agreed  on  in  the  Year  1686;  and  also  to 
"  signify  to  Governor  Belcher,  your  Readiness  to  concert  measures  with 
"him  for  that  Purpose:  and  further  on  the  part  of  this  Government,  to 
"  declare  the  utmost  Rediness  to  join  with  that  Government,  in  the 
"  spediest  Application  to  his  Majesty,  to  authorize  and  direct  the  Settle- 
"  ment  of  a  true  Partition  Line  between  both  Provinces."  And  that 
Governor  Belcher,  in  not  Answering  to  the  said  Proposals,  has  frus- 
trated the  good  Intentions  of  the  Government  of  this  Province  in  those 
Particulars. 

2Uj  That  the  following  words  in  Governor  Belcher's  said  Letter,  of  the 
Twenty  Seventh  of  August  Last,  (Viz)  "  I  say  upon  the  whole,  if  the 
"  Government  of  New  York,  will  not  fall  into  mild  and  Peaceable  Meas- 
"  ures,  I  mean  into  a  Temporary  Line,  or  Noli  Prosequi's  I  must  in  Duty 
"to  his  Majesty,  and  in  a  just  and  tender  Regard  to  the  People  under 
"  my  Care,  do  all  in  my  Power  for  Supporting  his  Majesty's  Honour  and 
"Interest,  and  the  Happiness  and  Tranquility  of  the  People  of  New 
"Jersey:  and  if  finally  this  Affair  should  be  attended  with  fatal  Conse- 
"  quences,  our  Superiors  will  Judge  who  have  been  Culpable  or  Con- 
"tributed  thereunto;"  give  us  great  Surprize,  as  they  Carry  in  them  a 
threatening  Aspect,  and  tend  to  destroy  that  Union  between  the  two 


716  Copies  of  Documents:  Relating  to  the 

Provinces,   which  his  Majesty's  Interest   in,  and  the  Welfare  of  the 
Inhabitants  of  the  same,  necessarily  require.  — 

3<uy  That  the  gajd  menacing  Passage  of  Governor  Belcher's  said  Letter, 
most  strongly  insinuates  that  the  Government  of  this  Province,  has  wil- 
fully avoided  to  "  fall  into  mild  and  peaceable  Measures,  and  the 
Settlement  of  a  Temporary  Line." 

4»biy.  ^at  such  Insinuation  as  aforesaid  is  evidently  groundless  and 
unjust;  especially  as  the  first  advances  towards  "  mild  and  peacable 
Measures,  and  the  Settlement  of  a  Temporary  Line,"  were  made  by  the 
Government  of  this  Province,  by  your  Honour's  said  Letter  of  the 
Fifteenth  of  March  Last,  and  our  said  Report  of  the  fourth  of  the  said 
Month,  and  treated  with  great  Neglect  by  the  Government  of  New 
Jersey, 

5twy.  T^t  such  Conduct  on  the  part  of  the  Government  of  New  Jersey, 
manifestly  tends  to  obstruct  such  "  mild  and  peaceable  Measures,  and 
the  Prudent  and  Legal  Methods  to  preserve  Peace  and  Quiet  among  his 
Majesty's  Subjects,"  which  have  lately  been  recommended  in  the  Strong- 
est terms,  by  the  right  Honourable  the  Lords  Commissioners  for  Trade 
and  Plantations,  both  to  your  Honour,  and  Governor  Belcher. 

And  to  the  said  representation  of  the  Persons  who  Stile  themselves, 
the  Council  of  Proprietors  of  the  Eastern  Division  of  the  Province  of 
New  Jersey,  and  the  Report  of  the  Committee  of  the  Council  of  that 
Province:  We  Observe  in  general,  that  it  does  not  appear  to  us,  that 
your  Honour's  said  Letter,  and  our  said  Report,  were  ever  referred  by 
Governor  Belcher,  or  by  Order  in  Council,  either  to  a  Committee  of  his 
Majesty's  Council  of  New  Jersey,  or  to  the  said  Persons,  who  call 
themselves,  the  Proprietors  of  the  Eastern  Division  of  that  Province, 
nor  how  the  same  fell  under  their  Consideration:  saying  only,  that 
Mr  Alexander  informed  your  Honour,  that  our  said  Report  had  been 
referred  to  the  above  mentioned  Council  of  Proprietors,  and  they  in 
their  Representation  say,  that  the  said  Report  and  Letter,  were  referred 
to  them:    However  we   shall  proceed  to    observe   more   Particularly, 

1st'  That  the  Government  of  this  Province,  cannot  take  notice  of  the 
above  mentioned  private  Persons,  by  Whatever  Name  they  may  think 
Proper  to  distinguish  themselves:  Neither  do  we  conceive,  that  the 
Representation,  of  Private  Persons,  relating  to  matters  of  Government 
between  the  two  Provinces  (however  important  it  may  seem  to  Gov- 
ernor Belcher,  and  altho'  it  be  recommended  in  his  said  letter  of  the 
Twenty  Seventh  of  August  last,  to  your  Honour's  Consideration)  can 
properly  merit  the  Notice  of  the  Government  of  this  Province,  but, 
2dlr*  As  the  Government  of  New  Jersey,  has  paid  so  great  a  Regard  to 
those  private  persons,  as  to  make  their  said  Representation,  a  part  of 
the  Government  Transactions  of  that  Province:  We  further  beg  Leave 


Boundaries  of  the  State  of  New  York.  117 

to  observe,  that  the  said  private  Persons,  in  their  said  Representation, 
fully  prove  that  the  Government  of  New  Jersey,  instead  of  taking 
into  Consideration  your  Honour's  said  Letter,  and  our  said  Report, 
(which  we  conceive  Contained  Matters  worthy  of  their  Attention,) 
suffered  them  to  fall  into  the  Hands  of  those  private  Persons,  who, 
tho'  they  assume  the  Stile  and  Title  above  mentioned,  have  never,  as 
we  can  discover,  been  authorized  by  his  Majesty,  to  assume  any  share 
of  the  publick  Administration  or  Government  of  that  Province. 

3dly>  that  therefore,  notwithstanding  the  variety  of  evasive  Arguments, 
and  pretended  Matters  of  fact  alleged  and  contained  in  the  said  represen- 
tation, your  Honour's  said  letter,  and  our  above  mentioned  Report,  remain 
to  this  day,  unanswered  by  the  Government  of  New  Jersey,  unless  the 
same  should  appear  to  be  answered,  by  the  above  remembred  Report  of 
the  Committee  of  his  Majesty's  Council  of  the  Province  of  New  Jersey, 

4thi,r.  That  SUch  Reference  as  aforesaid  to  private  Persons,  in  an  Affair 
wherein  the  Crown  of  Great  Britain,  and  the  peace  of  both  Govern- 
ments are  so  evidently  concerned,  argues  in  the  Government  of  New 
Jersey,  a  great  neglect  of  his  Majesty's  Rights  and  Interest  committed 
to  their  Care;  and  is  inconsistant  with  the  Relation  they  bear  to  his 
Majesty,  to  whose  Authority  the  Governments  of  both  Provinces  are 
immediately    Subordinate, 

5th'7-  That  altho  the  Committee  of  his  Majesty's  Council  of  New 
Jersey,  in  their  Report  of  the  twenty  third  of  August  Last,  are 
pleased  to  say,  "  They  have  Considered  the  Report  of  the  Council 
"  of  New  York  of  March  the  fourth,  and  your  Honour's  said  Letter 
11  to  their  Governor  therewith,  of  March  the  fifteenth,  together  with 
"  a  Representation  of  the  Council  of  proprietors  of  East  New  Jersey 
"  concerning  the  same,  and  find  no  Impertinence  nor  Indecency  in 
"the  said  Representation;  —  and  were  of  Opinion  that  the  several 
"  Questions  and  Explanations  therein  requested  to  be  answered,  and 
"  made  by  your  Honour  and  the  Council  of  this  Province,  are  proper 
"  and  reasonable  &c,"  Yet  we  Beg  leave  to  differ  in  Sentiments  on  that 
Head  from  those  honourable  Gentlemen  of  his  Majesty's  Council,  and 
take  Leave  to  declare,  that  in  our  Opinion  there  are  many  Impertiuances 
and  Indecencies  in  the  said  Representation;  and  that  the  said  Proprie- 
tors had  not  any  Right  or  Authority  to  ask  of  your  Honour,  or  this 
Board,  the  several  Questions  and  Explanations  therein  mentioned. 

Qthiy.  -^re  further  conceive,  that  it  would  have  been  proper  for  the  Gov- 
ernment of  New  Jersey,  to  give  a  direct  Answer  to  the  above-mentioned 
Proposal  of  this  Government,  relating  to  the  fixing  of  a  Temporary 
Line,  agreeable  to  the  Stations  of  1686;  and  to  enquire  whether  or  no 
such  Temporary  Line,  would  be  conformable  to  the  ancient  continued 
and  reputed  Jurisdictions  of  the  two  provinces.     For  if  the  Govern- 


718  Copies  of  Documents  Relating  to  the 

ment  of  this  Province,  has  held  and  Exercised  an  ancient  continued 
and  reputed  Jurisdiction,  as  far  Southward  or  South  Westward  as  to 
a  direct  Line  between  those  stations,  till  the  Late  Incroachments  of 
New  Jersey,  as  is  insisted  on  in  our  said  Report,  it  clearly  follows, 
that  as  the  fewo  contending  Provinces,  are  equal  and  distinct  in  their 
Respective  Jurisdictions,  (neither  having  a  power  over  the  other,)  each 
Government  ought  therefore  to  continue  in  the  Exercise  of  its  ancient 
Jurisdiction,  untill  his  Majesty,  shall  be  pleased  finally  to  determine 
the  Controversy.     Whence  we  conceive, 

7th'7'  That  both  the  said  private  Persons  who  call  themselves  the 
Council  of  Proprietors,  and  the  said  Committee  of  the  Council  of  New 
Jersey,  (instead  of  insisting  upon  the  place  where,  by  the  Construction 
of  the  New  Jersey  Grants,  the  said  Line  ought  to  be  run ;  or  that  the 
Line  of  1719  was  run  by  Proper  Authority,  Conformable  to  the  said 
Grants;  or  contending  that  no  Stations  were  fixed  in  the  year  1686; 
or  if  they  were,  demanding  the  Evidence  of  such  stations,  or  that  the 
Claimers  of  the  controverted  lands  on  the  Part  of  this  province,  should 
be  compelled  to  produce  such  Evidence  in  Support  of  the  said  Stations; 
or  that  a  great  part  of  the  Lands  in  Controversy  to  the  Northward,  or 
Northeastward  of  the  said  Stations;  are  held  by  private  Titles,  under 
the  said  Private  persons,  and  many  other  matters  of  equal  Importance; 
all  which  we  conceive  are  nothing  to  the  purpose,  if  the  Government  of 
this  Province  has  exercised  an  ancient  and  continued  Jurisdiction  as  far 
Southward,  or  Southwestward,  as  the  places  where  those  stations  are 
said  to  have  been  fixed) :  We  say,  that  instead  of  insisting  on  these 
Matters,  which  are  the  subject  of  the  said  Representation  and  Report, 
the  Government  of  New  Jersey,  in  answer  to  your  Honour's  said 
Letter,  and  our  said  Report,  should  either  have  denied  that  such  has 
been  the  ancient  and  Continued  Jurisdiction  of  this  Province,  as  was 
insisted  on  in  our  said  Report,  or  should  have  Confessed  such  Jurisdic- 
tion ;  and  in  Order  to  render  it,  and  consequently  the  Jurisdiction  of 
New  Jersey  the  more  certain  and  determinate,  should  have  consented 
to  the  running  of  a  Temporary  Line,  conformable  to  such  ancient  and 
Continued  Jurisdiction,  or  in  other  words,  agreeable  to  the  places  wher 
the  said  Stations  of  1686,  are  said  to  have  been  fixed;  as  was  proposed 
by  our  Report,  Which  we  conceive  to  be  the  more  necessary,  because, 

gtMy,  That  some  certain  Temporary  Limits  to  the  two  Provinces,  are 
absolutely  necessary  to  preserve  peace  among  the  Borderers  ;  and 
because  we  conceive  that  the  Government  of  the  respective  Provinces, 
have  no  power  (without  his  Majesty's  particular  Directions,)  to  agree 
to  any  other  Temporary  Line,  than  such  as  will  be  consistent  with  their 
respective  ancient  and  continued  Jurisdictions,  it  being  inconsistent 
with  the  duty  of  either  Government,  to  cede  any  part  of  such  their 


Boundaries  of  the  State  of  New  York.  719 

Jurisdiction,  in  the  Settlement  of  a  Temporary  Line,  without  such 
Directions  as  aforesaid  for  that  purpose. 

gthiy,  yye  are  0£  Opinion,  that  as  on  the  part  of  the  Government  of 
New  York,  it  hath  been  asserted  and  proved  by  Acts  of  Assembly,  and 
otherwise,  that  this  Government  hath  held  and  exercised  Jurisdiction 
as  far  Southward  as  the  Stations  of  1686;  and  the  same  hath  not  been 
denied  by  the  Government  of  New  Jersey,  therefore  it  ought  to  be 
taken  to  be  true.  And  we  further  conceive,  that  their  neglect  to 
answer  the  Government  of  this  Province,  relating  to  those  Particulars, 
is  owing  to  too  great  a  Precipitancy  in  the  Committee  of  his  Majesty's 
Council  of  New  Jersey;  or  in  other  Words,  to  their  not  taking  more 
time  well  to  weigh,  and  duly  Consider  the  said  Acts  of  Assembly,  and 
the  reasons  given,  and  proposals  made  by  us  in  our  Report  of  the 
fourth  of  March  last,  and  in  your  Honour's  Letter  of  the  fifteenth  of 
the  said  Month,  and  the  several  matters  contained  in  the  said  Repre- 
sentation: for  it  appears,  that  the  said  Representation  was  on  the 
Twenty  second  day  of  August  Last,  referred  to  the  Board  of  Council 
of  New  Jersey,  or  any  three  of  them,  to  consider  of  the  same,  and  to 
report  their  opinion  thereon,  &c.  And  the  very  Next  day,  the  report  of 
the  Committee  of  the  said  Board,  on  the  Several  Matters  referred,  was 
delivered  in  to  the  Governor  and  Council  of  New  Jersey,  and  approved 
of  by  them:  and  we  conceive,  it  was  hardly  possible  for  the  Committee 
of  the  Council  of  New  Jersey,  in  so  short  a  time,  maturely  to  Consider  of 
and  enquire  into,  the  long  detail  of  disputable  facts,  and  the  Several 
matters  referred  to  them,  and  to  draw  their  Report  thereon.  And 
therefore, 

10thiy.  That  if  finaily  tb}s  Affair  should  be  "  attended  with  fatal  Conse- 
quences, our  Superiors  (we  conceive)  will  have  the  strongest  Reasons 
to  judge  the  Government  of  New  Jersey  extremely  culpable,"  in  delay- 
ing the  Settlement  of  a  Temporary  Line. 

llthly-  We  also  conceive,  that  the  particular  matters  of  the  said  Repre- 
sentation and  Report,  are  calculated  with  a  View  to  create  a  delay  in 
the  settlement  of  a  Temporary  Line,  and  that  in  such  a  manner,  as  to 
cast  the  blame  upon  the  Government  of  this  Province,  and  this  we  think 
appears  from  the  Insinuation  in  the  said  Representation  and  Report, 
that  they  cannot  give  any  answer  relating  to  the  Stations  of  1686;  untill 
they  are  furnished  with  Copies  of  the  Evidence  in  support  of  the  said 
Stations:  Notwithstanding  that  from  the  Reasons  above  alledged,  it 
appears  that  the  Authenticity  of  those  Stations,  are  not  the  present 
matter  in  Question  between  the  two  Governments;  but  only  whether  or 
no  the  ancient  Jurisdiction  of  this  Government,  doth  extend  as  far 
Southward,  or  Southwestward,  as  the  Places  where  those  Stations  are 
said  to  have  been  fixed;  and  in  Particular,  whether  Waghakamack,  and 


720  Copies  of  Documents  Relating  to  the 

Great  and  Little  Minisink;  (the  places  which  by  the  late  Incroachments 
pf  New  Jersey,  have  been  wrested  from  the  Hands  of  this  Government,) 
are  included  within  such  ancient  Jurisdiction  :  so  that,  as  the  said 
Copies  (were  they  furnished  with  them)  could  be  of  no  service  to  them 
in  this  particular  Case;  we  do  therefore  conceive,  that  their  pretended 
Inability  to  Answer  the  abovementioned  Offers  and  proposals  of  this 
Government,  without  such  Copies,  is  urged  purely  as  an  Excuse  for 
their  affected  delay  in  the  Settlement  of  a  Temporary  Line,  whence  also 
we  observe, 

12thly*  That  neither  the  Governor  of  New  Jersey,  nor  the  said  private 
persons,  nor  the  Council  of  New  Jersey,  can  have  any  Right  to  demand 
such  Copies;  which  are  Impertinent  to  what  is  really  the  matter  in  dis- 
pute at  present  between  the  Governments  of  the  two  provinces. 

jgthij.  Neither  (were  such  Copies  pertinent  to  the  present  matter  in 
dispute)  do  we  conceive,  that  the  Government  of  this  Province,  has  any 
right  to  compel  its  inhabitants  to  furnish  their  Opponents  with  Copies 
of  the  Private  Evidences  of  their  Titles:  and  if  this  Government  had 
such  Right,  we  humbly  conceive  it  would  be  unreasonable  to  compel 
them  to  such  discovery,  coram  non  judice,  Viz,  either  before  the  Gover- 
nor or  Council  of  New  Jersey,  or  those  private  Persons,  who  call 
themselves  the  Council  of  Proprietors. 

14«iiy.  We  humbly  conceive,  that  notwithstanding  what  is  alleged  in 
the  said  Representation  and  Report,  it  was  the  duty  of  the  Government 
of  this  Province,  to  do  what  they  have  done  on  the  part  of  this  pro- 
vince :  and  that  it  would  have  argued  in  the  Government  of  this 
Province,  an  inexcusable  Neglect  of  his  Majesty's  Interest,  and  of  the 
Jurisdiction  of  this  Province,  had  they  referred  the  Controversy  to 
private  persons;  which  however,  it  is  insinuated  on  the  part  of  New 
Jersey,  they  ought  to  have  done,  and  we  are  also  humbly  of  Opinion, 
that  it  would  redound  more  to  the  Honour  of  the  Government  of  New 
Jersey,  and  to  the  Ease  and  Tranquility  of  both  provinces,  were  the 
private  Claimers  of  the  Lands,  on  the  part  of  New  Jersey,  denied  that 
participation  in  the  Government  Acts  of  New  Jersey  relating  to  the 
present  Controversy,  in  which  they  are  too  much  indulged  and  encour- 
aged, as  appears  by  their  said  Representation  being  made  a  part  of  the 
publick  Transactions  of  that  Government. 

15thiy.  we  further  observe,  that  the  Committee  of  the  Council  of  New 
Jersey  have  taken  very  unwarrantable  and  Indecent  Liberties  with  the 
Council  of  New  York,  too  many  to  be  enumerated,  But  one  we  think 
in  Justice  to  ourselves  we  cannot  pass  by  unnoticed,  wherein  they 
Charge  us  with  becoming  parties,  by  stating  a  new  Case,  and  giving 
our  Opinions  thereon,  &c.  Whereas  in  our  said  Report,  we  declared 
that  we  did  not  take  upon    ourselves   to   determine   the   Limits  and 


Boundaries  of  the  State  of  New  York.  721 

Boundaries  of  the  Lands  granted  as  aforesaid,  which  appeared  to  us  to 
belong  controverted,  but  most  Humbly  submitted  it  to  his  Majesty, 
who  in  Right  of  his  Crown,  is  greatly  concerned  in  that  dispute,  to 
determine  it  by  such  methods  as  to  his  Majesty  should  seem  proper, 
but  for  settling  a  Line  of  peace,  we  informed  your  Honour,  what  then 
appeared  to  us;  and  as  to  the  Stating  a  new  Case,  as  they  call  it, 
it  is  a  great  mistake;  for  the  case  we  stated,  is  the  oald  case  of 
the  ancient  Jurisdiction  of  this  Province  from  1686,  which  is  proved 
also  by  several  Acts  of  Assembly  of  this  province  mentioned  in  our 
said  Report,  and  yet  no  Notice  is  taken  of  either  of  the  said  Acts 
by  the  Council  of  New  Jersey,  but  the  Case  that  they  have  stated  is 
new,  being  founded  upon  a  Supposition  that  the  Line  of  1719,  was  the 
true  Division  Line  of  the  two  Provinces;  altho'  that  Line  was  in  it  self 
a  meer  Nullity,  as  was  declared  by  the  said  Lords  Commissioners  for 
trade  and  Plantations,  in  their  Report  to  his  Majesty  relating  thereto. 
Whence  we  conceived  the  Necessity  of  recurring  to  the  Stations  of 
1686,  or  in  other  Words,  to  the  ancient  and  continued,  Extent  of  the 
Jurisdiction  of  this  Province,  as  the  only  Standard,  (until  his  Majesty 
shall  be  pleased  to  erect  another,)  for  Setling  the  Extent  of  Jurisdiction 
and  property  between  the  two  provinces.  Nor  do  we  conceive,  that  the 
Government  of  this  Province  has  erred  in  giving  its  Opinion  for  a 
Temporary  Line,  which  we  were  obliged  to  do  by  the  duty  of  our 
Stations,  as  it  is  a  Case,  in  which  both  the  Honour  and  Interest  of  his 
Majesty,  and  the  welfare  of  his  Subjects  committed  to  the  care  of  the 
Government  of  this  Province,  are  most  immediately  concerned.  And 
what  notice  the  Government  of  New  Jersey  did  expect  would  have 
been  taken  by  the  Government  of  New  York,  of  the  Complaints  of 
Private  Jerseymen,  as  contained  in  the  said  memorial,  especially  as  they 
were  so  badly  founded,  as  is  above  mentioned,  we  cannot  discover;  But 
as  it  would  in  our  opinions,  have  reflected  dishonour  on  the  Govern- 
ment of  this  Province,  had  any  Notice  been  taken  of  a  memorial  of 
private  Persons  belonging  to  another  Province,  Relating  to  matters  of 
Government,  and  the  Jurisdiction  of  this  Province:  so  we  humbly  con- 
ceive, That  the  Government  of  this  Province,  has  acted  with  a  proper 
dignity,  in  disregarding  the  said  memorial.  Tho'  we  could  add  many 
more  observations,  on  the  matters  of  Governor  Belcher's  first  mentioned 
Letter,  and  of  the  said  Representation  and  Report,  were  those  matters 
of  any  moment  or  Significancy  in  the  present  Controversy;  yet  there 
are  sundry  Passages  in  the  said  Report  of  the  Committee  of  the 
Council  of  that  Province,  which  we  cannot  properly  observe  upon, 
without  infringing  the  decency  that  is  due  from  one  Government  to 
another.  We  hope  however,  that  we  have  Sufficiently  Observed  on 
them,  to  shew  that  the  Government  of  New  Jersey  will  neither  con- 
46 


722  Copies  of  Documents  Relating  to  the 

ress,  or  deny,  the  abovesaid  Extent  of  the  ancient  and  Continued  Juris- 
diction of  the  Government  of  this  Province;  and  have  hitherto  given 
no  Answer  to  the  above  mentioned  Offers  and  proposals  of  the  Govern- 
ment of  this  Province,  relating  to  the  running  of  a  Temporary  Line. 

And  as  to  the  other  Offer  and  Proposal  of  the  Government  of  this 
Province  of  a  joint  application  to  his  Majesty  for  Obtaining  a  final 
Settlement  of  the  Controversy :  We  observe,  that  the  Government  of 
New  Jersey  has  also  been  hitherto  entirely  silent  relating  thereto, 
except  the  notice  taken  by  the  said  Report,  of  the  committee  of  the 
Council  of  New  Jersey,  of  a  private  Proposal,  on  the  part  of  New 
Jersey,  to  private  persons,  on  the  part  of  New  York,  prior  to  the  said 
offer  of  this  Government,  can  be  considered  as  an  Answer  thereto:  as  to 
which  private  Proposal,  we  observe,  that  it  was  of  such  a  Nature  as 
rendered  it  impossible  for  those  to  whom  the  said  proposal  was  made, 
considering  the  state  of  the  Rights,  on  the  part  of  New  York,  to  enter 
into  the  security  that  was  proposed  by  the  private  persons  on  the  part 
of  New  Jersey;  and  therefore  that  the  Proposal  was  entirely  useless, 

Upon  the  whole  of  the  above  Observations,  we  do  humbly  report  to 
your  Honour,  that  the  Government  of  New  Jersey,  either  by  the  said 
first  above  mentioned  Letter  of  Governor  Belcher,  or  by  the  said  Repre- 
sentation and  Report,  have  made  no  Answer  to  the  abovesaid  Offers 
and  Proposals  made  by  the  Government  of  this  Province  to  that 
Government;  and  that  therefore,  if  any  Riots  have  happened  among 
the  Borderers,  since  the  making  of  the  said  Offers  and  Proposals,  or  if 
any  Violence  should  ensue,  in  Consequence  of  a  due  Extension  of  the 
Jurisdiction  of  this  Province:  We  are  humbly  of  Opinion,  they  will  all 
be  chargeable  to  the  Account  of  the  Government  of  New  Jersey ;  and 
doubt  not  but  it  will  be  so  Considered  by  our  Superiors. 

We  come  now  to  the  report  of  the  Committee  of  the  General  Assem- 
bly of  this  Province ;  and  do  humbly  Report  unto  your  Honour,  that 
we  have  Considered  the  same,  and  observe  its  Agreement  with  our 
Sentiments,  relating  to  the  Stations  of  1686,  and  the  Extent  of  this 
Province,  both  with  respect  to  Jurisdiction  and  Property,  as  far  South- 
ward as  those  Stations. 

We  have  also  considered  the  Several  Affidavits  with  Which  it  was 
attended,  and  the  message  of  that  House,  relating  to  both:  And  do 
thereupon  humbly  Report  unto  your  Honour,  that  since  the  above 
mentioned  Offers  and  Proposals  made  by  the  Government  of  this 
Province,  to  the  Government  of  New  Jersey,  several  most  enormous 
Riots  have  been  committed  by  the  People  of  New  Jersey  within  the 
Jurisdiction  of  this  Province;  and  Particularly,  the  one  mentioned  in 
the  said  Report  of  the  Committee  of  the  House,  to  have  been  commit- 
ted at  the  House  of  Coll  Decay,  one  of  his  Majesty's  Justices  of  the 


Boundaries  of  the  State  of  New  Yore.  723 

Peace  in  Orange  County,  within  this  Province:  and  we  do  also  find  by 
sundry  Peices  of  Evidence,  lately  produced  to  us,  since  the  said  Offers 
and  proposals  made  by  this  Government,  that  Major  Jacobus  Swart- 
wout,  another  of  his  Majesty's  Justices  of  the  peace  in  Orange  County 
aforesaid,  has  been  apprehended,  and  for  a  long  time  Confined  in  a 
Loathsome  Goal  within  the  Province  of  New  Jersey,  for  Matters 
principally  relating  to  the  Controversy  between  the  two  Provinces: 
For  altho'  he  is  sued,  as  we  are  informed,  in  several  Actions  in  which 
Bail  is  insisted  upon  in  Large  Sums,  yet  all  of  them,  except  one,  are 
brought  against  him  by  New  Jersey  Rioters,  whom  he  from  time  to 
time  had  apprehended  in  the  Lawfull  Execution  of  his  Authority,  as 
one  of  his  majesty's  Justices  of  the  Peace.  And  as  the  one  Suit  above 
mentioned,  (being  on  a  private  Contract  of  an  old  Standing)  might 
long  ago  have  been  brought  against  him  in  this  Province  ;  we  Conceive 
that  the  same  was  brought  in  New  Jersey,  in  Order  to  Give  colour  to 
his  Confinement,  and  deprive  him  of  th  Opportunity  of  Getting  Bail. 

The  next  Thing  which  demands  our  Attention,  is  the  Extraordinary 
Conduct  of  the  Government  of  New  Jersey,  in  the  two  Letters  of 
Governor  Belcher  of  the  Twenty  third  of  November  Last:  and  before 
we  observe  particularly  upon  them  we  beg  Leave  to  make  one  General 
Remark.  We  have  in  our  opinions  fully  shewn  that  the  Government 
of  New  Jersey  have  Hitherto  evaded  giving  any  answer  to  the  Offers 
and  Proposals  made  by  the  Government  of  this  Province,  in  the  month 
of  March  last.  This  Conduct  is  indeed  Astonishing.  But  we  are  more 
Surprized  that  after  a  Silence  of  near  nine  Months,  that  Government  at 
Length,  instead  of  accepting  or  denying  those  proposals,  should  Issue 
Orders  to  their  Subordinate  Officers,  to  exercise  a  Jurisdiction  within 
the  ancient  Jurisdiction  of  this  Province,  and  require  the  Compliance 
of  this  Government  therein. 

With  regard  to  the  Opinion  of  the  Council  of  New  Jersey  contained 
in  one  of  the  said  Letters,  we  observe, 

lBt  That  the  Station  of  the  year  1686  on  Delaware,  appears  from  our 
said  Report,  and  from  the  Report  of  the  Committee  of  the  General 
Assembly  of  this  Province,  to  have  been  fixed  at  such  a  Place  on 
Delaware  River,  as  that  a  Direct  Line  from  the  Other  Station  on  Hud- 
son's River,  to  the  same  will  include  Great  and  Little  Minisink  and 
Waghacamack.  Which  station  on  Delaware,  appears  to  have  been 
fixed  on  the  then  esteemed  Northwardmost  Branch  of  Deleware,  and 
on  such  part  thereof  as  at  that  time  was  found  by  the  Surveyors  of 
East  and  West  Jersey,  and  New  York,  to  be  in  the  Lattitude  of  41°  and 
40'  North:  But  whether  or  no  that  Place  is  so  much  Lower,  or  less 
Northward  than  the  Place  which  is  pretended  in  the  said  Opinion,  to 
have  been  found  by  the  Observations  in   1719,  to  be  in  the  Latitude  of 


724  Copies  of  Documents  Relating  to  the 

41°:  40'  North,  We  do  not  know:  Neither  do  we  think  it  at  all 
Materia],  and  we  are  the  more  Surprized  to  observe,  that  the  Govern- 
ment of  New  Jersey  will  so  repeatedly  refer  to  the  Line  of  1719, 
instead  of  the  ancient  Jurisdiction  of  the  two  Provinces,  when  the  said 
Line  not  only  appears  to  be  a  random  Line,  as  the  Proprietors  of  East 
New  Jersey  call  it,  to  have  been  run  without  Authority,  to  be  eroneous 
in  it  self,  not  assented  to  by  all  the  Parties  interested  ;  but  also  to  have 
been  disapproved  of  by  the  Honourable  Board  of  Trade  and  Planta- 
tions as  a  meer  Nullity.  And  we  Conceive,  that  should  the  Govern- 
ment of  New  Jersey  drop  its  Pretensions  to  that  Line,  as  the  same 
was  Reported  by  the  said  Honourable  Board  to  be  unworthy  of  his 
Majesty's  Royal  Sanction,  it  would  argue  in  that  Government,  a  decent 
and  reasonable  Submission  to  the  Reference  of  his  Majesty  to  that 
Honourable  Board,  and  to  the  Report  of  their  Lordships,  whom  his 
Majesty  has  been  pleased  to  Commissionate  for  the  Care  and  Inspection 
of  Plantation  Affairs. 

2dly-  That  in  Whatever  Light  the  Government  of  New  Jersey  may  Con- 
sider the  Conduct  of  the  Assembly  of  this  Province  :  We  Conceive, 
that  they  have  acted  as  their  Duty  to  his  Majesty,  and  the  true  Inter- 
ests of  the  people  they  represent  did  require  of  them,  in  desiring  your 
Honour  to  exercise  the  Jurisdiction  of  this  Province  as  far  Southward 
as  to  the  Stations  of  1686;  because  it  evidently  appears  that  such  was 
the  ancient  and  Continued  Jurisdiction  of  this  Province  :  Which  Juris- 
diction, we  Humbly  conceive,  the  Government  of  this  Province  cannot 
either  retrench,  or  Suffer  to  be  encroached  on,  without  counteracting  its 
Duty  to  his  Majesty,  and  that  Right  of  Protection  which  the  people 
of  this  Province,  may  Justly  Claim  of  the  Government  to  which  they 
are  Subject. 

3dly-  As  the  Committee  of  the  Council  of  New  Jersey,  have  in  the 
said  Report  charged  the  Government  of  this  Province  with  becoming 
Parties  to  the  Controversy,  we  are  the  more  Surprized,  that  the  Gov- 
ernment of  New  Jersey  should  enter  into  an  Inquiry  of  the  private 
Titles  to  the  Controverted  Lands,  and  Suffer  such  matters  to  influence 
the  Government  Transactions  of  that  Province:  For  to  us  it  Appears 
that  nothing  of  that  Kind  ought  to  have  any  Weight  in  determining 
the  Temporary  Extent  of  the  Respective  Jurisdictions  of  the  two 
Provinces;  the  Sole  matter  of  Enquiry  being,  how  far  the  Governments 
of  both  Provinces  have  hitherto  exercised  Jurisdiction.  And  as  it  has 
been  asserted  on  the  part  of  this  Province,  and  not  denied  by  the 
Government  of  New  Jersey,  and  is  undeniably  true  in  itself,  that  the 
Government  of  this  Province  has,  till  the  late  Encroachments  of  New 
Jersey,  held  and  Exercised  Jurisdiction  so  far  Southward,  or  South- 
westward  as  the  places  where   the  Stations  of  1686  are  said  to  have 


Boundaries  of  the  State  of  New  York.  725 

been  fixed:  We  are  of  Opinion,  That  this  Province  is  intitled  to  a 
Temporary  Line,  or  in  other  words,  to  its  ancient  Jurisdiction,  agreable 
to  those  Stations,  Notwitstanding  it  is  pretended  that  many  Persons 
who  hold  under  New  Jersey  Titles,  will  thereby  be  included  within  the 
Jurisdiction  of  this  Province,  and  if  the  proprietors  of  East  New 
Jersey,  have  granted  Lands  within  the  Ancient  Jurisdiction  of  this 
Province;  which  they  ought  not  to  have  done;  such  Grants  can  never 
be  a  sufficient  Reason  to  excuse  the  Government  of  this  Province  to 
his  Majesty,  for  retrenching  its  ancient  Jurisdiction,  in  order  to  leave 
the  People  holding  under  such  Titles  within  the  Jurisdiction  of  New 
Jersey. 

^thiy.  ^g  to  tke  pretence  of  the  Great  Number  of  Settlements  under 
New  Jersey  Titles  upon  the  Controverted  Lands,  we  are  of  opinion  that 
most  of  those  Settlements  which  (have  been  made  of  late  Years)  were 
designed  purely  to  facilitate  the  Encroachments  of  New  Jersey  on  this 
Province:  And  therefore  do  humbly  conceive,  That  in  order  to  Prevent 
the  Evil  Intent  of  those  Settlements,  the  Government  of  this  Province 
ought  most  Vigorously  to  assert  its  ancient  Jurisdiction.  Neither  do 
we  conceive,  That  those  Settlements  so  unjustly  made,  can  by  any 
means  intitle  the  persons  holding  them  to  the  protection  of  the  Govern- 
ment of  New  Jersey;  That  such  was  the  Design  of  the  said  Settlements, 
as  is  above  Mentioned,  appears  from  this.  That  it  is  as  we  have  been 
informed,  the  daily  practice  of  the  proprietors  of  East  New  Jersey,  to 
take  up  all  the  Lands  in  Controversy  they  Possibly  can,  and  grant  them 
to  any  persons  Whatsoever  who  are  willing  to  accept  of  a  Term  for 
Years,  of  99  Acres  or  Some  other  particular  Quantity  of  Land,  and  a 
Freehold  in  one  acre  in  the  Hundred;  in  Order  to  make  such  Persons 
Freeholders  of  the  new  County  Called  Sussex,  lately  erected  as  in  New 
Jersey ;  a  great  part  of  which  extends  Northwardly  within  the  Ancient 
Jurisdiction  of  this  Province. 

5th'7,  We  conceive,  That  the  Government  of  this  Province,  has  been 
extremely  forbearing,  notwithstanding  the  many  Insults  offered  to  it 
by  the  Province  of  New  Jersey,  and  are  therefore  astonished  that  the 
Council  of  that  Province,  should  pretend  they  have  reason  to  Expect 
one  or  more  Invasions  from  the  People  of  New  York,  who,  as  far  as  we 
can  discover,  have  never  extended  their  Possessions  beyond  the  ancient 
Jurisdiction  of  this  Province ;  neither  could  they  possibly  receive  any 
Encouragement  from  the  Government  of  this  Province,  should  they 
attempt  to  do  it:  And  therefore  the  directions  Given  by  Governor 
Belcher  to  Col.  Vancamp,  and  the  other  Civil  and  Military  Officers  of 
Sussex  County,  under  such  pretence  of  danger,  as  they  necessarily  tend 
to  abridge  the  ancient  Jurisdiction  of  this  Province,  and  are  founded 
on  meer  Pretence,  ought  not  to  be  regarded  by  the  Government  of  this 


726  Copies  of  Documents  Relating  to  the 

Province,  and  we  do  humbly  conceive,  That  the  Government  of  this 
Province,  instead  of  Giving  the  like  Directions  to  the  Civil  and  Military 
Officers  of  Orange  County,  is,  by  such  the  Conduct  on  the  part  of  New 
Jersey,  necessarily  constrained  to  exercise  its  ancient  Jurisdiction  with 
all  possible  Vigour. 

As  to  the  other  Letter  from  Governor  Belcher  to  your  Honour  of  the 
same  date,  we  are  fully  of  Opinion  with  him,  that  a  Compliance  with 
the  Directions  of  the  Honourable  Board  of  Trade  and  Plantations  is 
absolutely  necessary.  But  we  conceive,  that  the  Method  proposed  by 
Governor  Belcher,  is  impracticable  in  itself,  and  inconsistent  with  the 
Honour  of  his  Majesty's  Government  of  this  Province,  and  the  above- 
mentioned  Directions  of  the  said  Honourable  Board. 

It  is  Impossible  in  itself, 

1st-  Because  there  are  many  Persons,  as  we  have  been  Informed,  who 
have  been  obliged  to  purchase  Peace  of  the  Proprietors  of  East  New 
Jersey,  by  accepting  of  Titles  under  them;  which  Persons  still  esteem 
themselves  to  be  Subject  to  the  Government  of  New  York.  It  would 
therefore  be  absurd  to  Suppose  that  the  Government  of  this  Province, 
should  Join  with  that  of  New  Jersey,  in  compelling  those  Persons  to 
Submit  to  that  Government. 

2iiy-  Because  Should  the  present  Tempoi-ary  Jurisdiction  of  the  two 
Provinces,  be  limited  to  the  Settlements  held  by  Title  under  them 
Respectively,  such  Jurisdiction  would  be  continually  varying:  For  if 
the  People  of  New  Jersey,  should  continue  to  take  into  Possession  the 
Lands  in  Controversy,  which  they  might  still  do,  notwithstanding  such 
Settlement  of  Jurisdiction  as  aforesaid,  the  Jurisdiction  of  that  Province 
would  be  continually  increasing. 

3dIy  Should  the  Temporary  Jurisdictions  of  the  Provinces  be  settled 
in  the  Manner  proposed  by  Governor  Belcher,  as  it  would  give  the 
Proprietors  of  East  New  Jersey  an  Opportunity  of  taking  into  Posses- 
sion the  unimproved  Lands  in  Controversy,  and  so  vice  versa  (from 
opposing  which,  the  Governments  of  both  provinces  would  absolutely 
be  prevented  by  such  Settlement  of  Jurisdiction)  so  this  inconvenience 
ought,  we  humbly  conceive,  to  be  particularly  guarded  against;  especi- 
ally as  it  has  been  the  notorious  and  publicly  avowed  Practice  of  the 
proprietors  of  East  New  Jersey,  and  their  Agents,  ever  since  the  Contro- 
versy has  subsisted,  to  take  into  possession  as  much  of  the  un=Improved 
Lands  in  Controversy,  as  they  Possibly  Could;  and  we  have  great  reason 
to  fear,  that  this  is  the  very  End  proposed  by  the  Offer  made  of  Settling, 
for  the  present,  the  Temporary  Jurisdiction  of  the  two  Provinces,  in 
the  manner  mentioned  in  Governor  Belcher's  said  Letter. 

That  should  the  proposed  Settlement  of  a  Temporary  Jurisdiction, 
take  place,  it  would  reflect  Dishonour  on  his  Majesty's  Government  of 


Boundaries  of  ihe  State  of  New  York.  727 

this  Province,  will  Sufficiently  appear  by  considering,  that  such  Settle- 
ment must  necessarily  abridge  the  ancient  and  continued  Jurisdiction 
of  this  Province:  For  if  what  is  alledged  on  the  Part  of  New  Jersey  be 
true  (which  however  we  do  deny)  it  is  certain  that  many  Possessions 
within  such  ancient  and  Continued  Jurisdictions,  are  held  by  pretended 
Titles  under  New  Jersey,  which  Possessions,  should  such  Settlements 
take  place,  would  be  immediately  discharged  from  the  Jurisdiction  of 
this  Province,  and  be  subjected  to  that  of  New  Jersey,  Which  abridg- 
ment of  the  ancient  Jurisdiction  of  this  Province,  we  humbly  conceive, 
would  be  dishonourable  in  the  Government  thereof  to  consent  to: 
Neither  do  we  conceive,  That  such  Settlement  of  the  Temporary  Juris- 
diction of  the  two  Provinces,  would  be  consistent  with  the  directions 
of  the  said  Honourable  Board  of  Trade  and  Plantations ;  Because  it 
would  not,  for  the  Reasons  abovementioned,  tend  to  preserve  peace 
and  Quiet  among  his  Majesty's  Subjects,  residing  on  and  claiming 
the  Controverted  Lands,  which  however  appears  to  us,  to  be  the  design 
of  the  said  directions. 

And  we  do  further  conceive,  that  Should  the  Governments  of  the 
two  Provinces,  take  upon  them  to  make  the  proposed  Settlement  of 
a  New  Temporary  Jurisdiction,  they  would  assume  what  by  the  said 
Directions  is  apparently  reserved  to  be  done  by  his  Majesty. 

Whence  upon  the  whole  it  appears  to  us  to  be  necessary,  that  both 
Governments  should  Join  in  Supporting  the  ancient  and  continued 
Jurisdiction  of  the  two  provinces:  Which,  on  the  part  of  this  Province, 
appears  to  be  as  far  Southward  as  the  places  where  the  Stations  of  1686 
are  said  to  have  been  fixed:  But,  as  the  Government  of  New  Jersey, 
have  not  hitherto  confessed  or  denied  such  ancient  Jurisdiction  as 
aforesaid  in  this  Province,  but  in  the  Room  thereof  has  proposed 
a  new  and  impossible  Settlement  of  a  Temporary  Jurisdiction, 
which  the  Government  of  this  Province  cannot,  we  think,  comply 
with,  for  the  Reasons  abovementioned;  and  as  many  fatal  Conse- 
quences daily  follow,  from  the  want  of  Reducing  the  ancient  Juris- 
diction of  this  Province  to  an  exact  Precision,  by  running  a  Line 
Conformable  thereto; 

We  do  therefore  heartily  Join  with  the  General  Assembly  of  this 
Province,  and  are  humbly  of  Opinion,  That  it  is  Necessary  that  your 
Honour  use  the  best  means  in  your  Power,  for  protecting  his  Majesty's 
Subjects  of  this  Province,  and  their  Possessions,  from  the  daily  Insults 
and  outrages  committed  against  them  by  the  People  of  New  Jersey; 
and  to  exercise  the  Jurisdiction  of  this  Province  so  far  Southward  as 
to  a  direct  Line  between  the  said  Stations  of  the  year  1686,  until 
a  final   Settlement   can   be   made,  and   his  Majesty  shall   be  pleased 


728  Copies  of  Documents  Relating  to  the 

to  declare  his  pleasure,  with  respect  to  the  future  Jurisdiction  of  both 
Provinces. 

And  this  we  are  humbly  of  Opinion,  may  be  best  done  in  the  follow- 
ing manner: 

I*1'  As  the  above  offers  and  proposals  of  the  Government  of  this 
Province,  have  remained  unanswered,  ever  since  the  Month  of  March 
Last,  in  Consequence  of  which  delay  many  Riots  have  been  committed 
from  time  to  time  within  this  Province,  by  People  Claiming  under 
New  Jersey;  and  as  from  what  has  appeared  to  us,  there  is  great 
Reason  to  believe,  that  the  said  several  Riots  have  been  Committed  by 
Persons  in  the  pay,  and  under  the  Directions  of  the  Proprietors,  of  East 
New  Jersey,  against  the  People  holding  under  this  Province,  and  as 
many  Persons  holding  under  New  York,  have  by  Threats  and  other 
Sinister  means,  been  driven  to  take  Grants  and  Leases  for  their 
Possessions  from  and  under  New  Jersey;  and  as,  for  the  Reasons  afore- 
said, it  appears  to  us,  that  the  Government  of  New  Jersey  is  so  much 
under  the  Influence  of  the  persons,  who  Call  themselves  the  Council 
of  Proprietors  of  East  New  Jersey,  as  to  leave  us  no  hopes  of  its 
agreeing  to  a  Temporary  Line,  consistent  with  the  ancient  Rights  of 
this  Province;  that  your  Honour  do  therefore  Immediately  issue  a 
Proclamation,  of  such  Tenor  and  Import  as  will  best  serve  to  Support 
the  Jurisdiction  of  this  Province,  and  Protect  the  persons  holding  under 
the  same,  so  far  Southward  as  to  a  direct  Line  between  the  Stations  of 
1686,  until  a  Temporary  Line  of  Jurisdiction  can  be  fixed  and  agreed 
on  between  the  two  Provinces. 

2dly  That  your  Honour  do  give  Immediate  orders  to  his  Majesty's 
Attorney  General  of  this  Province,  to  prosecute  all  persons  that  have 
been  any  Ways  aiding  abetting,  and  assisting  in  such  Riots,  since  the 
said  Month  of  March  Last;  and  in  particular  in  the  Riot  committed  on 
the  said  Major  Swartwout,  at  the  Church  of  Waghacakamak,  men- 
tioned in  some  of  the  Affidavits  Referred  to  us;  and  also  those  Per- 
sons who  with  armed  fforce,  beset  the  House  of  the  said  Col.  Decay, 
in  the  manner  mentioned  in  other  of  the  said  Affidavits  referred 
to  us. 

3aly  That  your  Honour  Furnish  Governor  Belcher  with  Copies  of  the 
Act  of  Assembly  of  this  Province,  for  Submitting  the  Final  Determ- 
ination of  the  Controversy  to  his  Majesty;  and  of  the  Vote  of  the 
House  of  Assembly  relating  to  the  Charges  attending  the  Same  ;  of 
this  Report,  and  of  the  Report  of  the  Committee  of  the  General 
Assembly,  and  of  the  Message  of  that  House  to  your  Honour,  on  the 
said  Last  mentioned  Report ;  to  the  End  that  your  Honour  may  be 
Informed  of  the  Result  of  the  Government  of  New  Jersey,  Concerning 
the  same  ;  and  Lastly,  That  jour  Honour  be  pleased  to  lay  before  His 


Boundaries  of  the  State  of  New  York.  729 

Majesty,   the  whole   Transactions   relating   to   this   Important   Affair. 
All  which  matters  are  nevertheless  humbly  Submitted  to  your  Honour. 

By  order  of  the  Committee 

Jos.  "Murray  Chairman 
New  York 
17th  December  1754 

—\N.  Y.  Council  Minutes  {MS.),  xxiii,  239;  JV.  Y.  Col.  MSS.,  lxxix,  102. 


[In  N.  Y.  Council.] 

December  18^  1754. 

*  *  *  * 

His  Honour  was  pleased  to  take  Notice  to  the  Board,  that  in  Con- 
sequence of  the  Report  of  the  Committee  made  yesterday  in  Council, 
he  was  of  opinion  it  might  be  proper  to  order  a  proclamation  to  appre- 
hend, And  the  Attorney  General  to  prosecute,  the  persons  Concerned 
in  the  late  Riot  at  Colonel  Thomas  De  Key's  House  in  Orange  County: 
But  that  he  did  not  incline  to  Issue  a  proclam?  to  assert  and  exercise 
the  Jurisdiction  of  this  province  as  far  Southward  as  the  Line  of 
1686,  mentioned  in  the  said  Report:  until  he  had  sent  to  Governor 
Belcher  a  Copy  of  the  said  Report,  and  of  the  other  papers,  and  wrote 
to  him  thereupon.  And  that  the  proclamation  he  should  be  willing  to 
Issue  on  that  head,  should  be  of  such  a  Nature  as  to  restrain  any 
Violent  proceedings  against  the  people  setled  to  the  Northward  of 
that  Line,  under  New  Jersey  and  only  to  Compel  those  persons  to 
submit  to  the  Jurisdiction  of  this  province,  Suffering  them  to  continue 
in  their  possessions  peaceably,  until  removed  in  a  regular  Course  of 
Judicial  proceedings,  of  all  which  the  Council  approved  :  but  M? 
Alexander  dissented  to  the  opinion  of  the  Board  which  is  entered  upon 
his  Motition. 

Mr.  Murray  informed  the  Board  that  the  Committee  that  made  the 
Report  in  Council  yesterday,  were  of  opinion,  that  as  the  Government 
of  New  Jersey  had  published  the  proceedings  there,  relating  to  the 
Controverted  line,  it  might  be  proper  those  of  this  Goverment  should 
also  be  printed,  Whereupon  it  is  ordered  by  his  Honour  with  the 
advice  of  this  Board,  that  the  two  Reports  confirmed  in  Council  on  the 
4th  March  last,  and  the  1 7th  Instant,  be  published,  with  such  other  papers 
touching  the  Facts  set  forth  in  the  said  Report,  as  the  Gentlemen  who 
were  of  that  Committee  or  any  three  of  them  shall  think  proper  to 

direct. 

*  *  *  * 

— [N.  Y.  Council  Minutes  (MS.),  xxiii,  256. 


730  Copies  of  Documents  Relating  to  the 

Lords  of  Trade  to  Lords  Justices, 

To  their  Excellencies  the  Lords  Justices. 
May  it  please  your  Excellencies. 

We  have  had  under  our  consideration,  an  Act  passed  by  His  Majty' 
province  of  New  York  in  December  last,  intituled ; 

"  An  Act  for  submitting  the  controversy,  between  the  Colonies  of 
New  York  and  New  Jersey,  relating  to  the  partition  between  the  said 
Colonies  to  the  final  determination  of  His  Majesty  "  — 

And  having  been  attended  by  Mr  Charles  Agent  for  the  Province  of 
New  York,  and  by  Mr  Paris,  Agent  for  the  proprietors  of  East  New 
Jersey,  and  heard,  what  each  party  had  to  offer  upon  this  Act,  we  beg 
leave  humbly  to  represent  to  your  Excellencies  : 

That  the  controversy  between  the  provinces  of  New  York  and  New 
Jersey,  concerning  the  true  boundary  line  between  them,  from  which 
this  Act  takes  its  rise,  has  subsisted  many  years,  and  various  Acts  and 
proceedings  have  at  different  times  been  had,  and  done  thereupon,  with 
a  view  to  ascertain  this  boundary,  but  without  effect.  In  the  year 
1748.  the  Legislature  of  New  Jersey  passed  an  Act,  entitled: 

"And  Act,  for  running  and  ascertaining  the  line  of  partition  and 
division  betwixt  this  province  of  New  Jersey  and  the  province  of  New 
York  "  — but  it  appearing  to  us,  upon  a  consideration  of  this  Act  after 
hearing  of  the  parties  interested  by  their  Counsel,  that  the  proceedings 
on  which  it  was  founded,  being  not  warranted  by  His  Maj'7'"  Authority, 
it  could  not  be  effectual  to  the  ends  proposed  by  it,  and  the  object  of 
it  being  to  set  up  an  exparte  determination  it  would  be  unjust;  we 
did  in  our  representation  of  the  18th  of  July  1753.  humbly  lay  it 
before  his  Majty  for  his  Royal  disallowance,  humbly  offering  it  as  our 
opinion,  that  the  only  method,  by  which  the  matter  in  dispute  could  be 
properly  and  effectually  decided,  would  be,  a  Commission  to  be  issued 
by  his  Majesty  for  that  purpose. 

It  appears  from  the  letters  and  papers,  which  we  have  since  received 
from  the  Governors  of  New  York  and  New  Jersey,  that  great  outrages 
have  from  time  to  time  been  committed  on  the  frontiers  of  the  Two 
provinces,  to  the  prejudice  of  His  Majty "  service  and  the  disturbance  of 
the  public  peace ;  and  although  various  propositions  have  been  made 
by  persons  authorised  on  both  sides,  for  determing  the  controversy, 
yet,  none  of  them  have  had  effect,  nor  is  there  any  room  to  hope  that 
the  parties  interested  will  concur  in  any  effectual  measure  for  deciding 
the  dispute. 

The  Act,  which  we  now  humbly  lay  before  your  Excellencies  appears 
to  us  to  be  liable  to  several  objections  ;  it  is  improper  as  the  method 
of  determination  which  it  proposes  is  unusual  and  contrary  to  the  con- 


Boundaries  of  the  State  of  New  York.  731 

stant  practice  in  cases  of  the  like  nature;  questions  of  disputed 
boundary,  whereby  private  property  may  be  affected,  having  never 
been  determined  by  the  Crown  iti  the  first  instance  but  always  by  a 
Commission  from  His  Majty,  with  liberty  to  all  parties  which  shall  think 
themselves  aggrieved  by  the  Judgement  of  the  Commiss™,  to  appeal  to 
His  Majty  from  their  decision.  It  is  also  improper,  because,  altho'  the 
very  object  of  the  Act,  is  to  submit  the  matter  in  dispute,  as  far  as 
private  property  is  concerned,  to  the  determination  of  His  Majty,  yet 
it  previously  ascertains  in  some  degree  the  limits  of  private  Right  and 
property,  by  declaring  that  certain  patentees,  therein  mentioned  shall 
not  extend  their  claim  beyond  a  limit  therein  described ;  and  if  it  was 
not  liable  to  these  objections,  yet  it  would  be  ineffectual,  as  the  pro- 
prietors of  New  Jersey,  have  not  consented  to  the  method  of  decision 
therein  proposed.  For  all  which  reasons  we  humbly  beg  leave,  to  lay 
the  said  Act  before  your  Excellencies,  for  your  Excellencies  disallowance. 
*  *  *  * 

All  which  is  most  humbly  submitted. 

Dunk  Halifax. 
J.  Grenville. 
Whitehall  James  Oswald. 

June  12.  1755.  Fran:  Fane. 

—[JV.  T.  Col.  Doc,  vi,  952. 


Additional  Instruction  to  Sir  Charles  Hardy. 

August  12,  1755. 
*  *  *  * 

Whereas  it  has  been  represented  unto  us,  that  a  controversy  has  for 
many  Years  subsisted  between  his  Majesty's  Provinces  of  New  York 
&  New  Jersey  concerning  the  true  line  of  partition  between  the  said 
provinces,  on  account  of  which  great  outrages  have  from  time  to  time 
been  committed  on  the  Frontiers  of  the  said  provinces,  to  the  prejudice  of 
His  Majty'''  service  and  the  disturbance  of  the  public  peace,  and  whereas  it 
is  of  the  greatest  importance  to  the  tranquility  and  welfare  of  the  said 
provinces,  that  a  line  of  property  and  Jurisdiction  should  be  speedily 
settled  between  them,  which  can  only  be  done  by  a  Commission  to  be 
issued  by  His  Majesty  for  that  purpose,  with  liberty  to  all  parties  who 
shall  think  themselves  aggrieved  by  the  Judgement  of  the  Commissioners 
thereby  to  be  appointed,  to  appeal  from  such  Judgement  to  His  Majesty 
in  his  privy  Council  ;  and  whereas  the  Agent  for  the  Proprietors  of 
New  Jersey,  has  declared  himself  willing  to  concurr  on  their  behalf 
in  this  measure,  as  the  only  proper  and  effectual  means  of  determining 
the  matter  in  dispute,  and  has  offered  to  give  ample  security  that  the 


732  Copies  of  Documents  Relating  to  the 

said  proprietors  shall  and  will  defray  one  half  of  the  expence  of  obtain- 
ing and  executing  such  a  Commission;  you  are  therefore  hereby  author- 
ized and  required  earnestly  to  recommend  it,  in  His  Majesty's  name,  to 
the  Assembly  of  the  Province  of  New  York,  under  your  Govern',  that  they 
do  make  speedy  and  effectual  provision  for  defraying  the  other  moiety  of 
the  expence  of  obtaining  and  executing  such  commission,  as  aforesaid, 
whenever  His  Majesty  shall  be  graciously  pleased  to  issue  the  same. 

— [JSF.  Y  Col.  Doc,  vi,  960;  N.  Y  Gen.  Assem.  Journal,  ii,  471. 


Governor  Hardy  to  the  Lords  of  Trade. 

Fort  George  N  York  27  Nov'  1755 
My  Lords 

I  have  received  the  Lords  Justices  additional  Instructions  to  recom- 
mend to  the  Assembly  of  this  Province  to  make  effectual  Provision  for 
defraying  the  moyety  of  the  expence  of  obtaining  and  executing  His 
Majestys  Commission  for  settling  the  controversy  subsisting  between 
this  Province  and  New  Jersey.  The  Assembly  are  to  meet  on  tuesday 
the  2nd  of  December  when  I  shall  lay  before  them  this  matter. 

I  have  also  received  the  Lords  justices  order  for  repealing  an  Act 
passed  in  this  Province  in  December  last  for  submitting  the  con- 
troversy subsisting  between  this  Province  and  New  Jersey  to  the  final 
determination  of  His  Majesty. 

*  *  *  * 

— [N.  Y.  Col.  Doc,  vi,  1020. 


[In  N.  Y.  Council.] 

December  1!'.  1755. 

*  *  *  * 

His  Excellency  laid  before  the  Board  the  Lords  Justices  Order  for 
repealing  An  Act  passed  in  this  Province  in  December  1754.  which  was 
read  and  ordered  to  be  entered  and  is  as  follows. 

At  the  Council  Chamber  Whitehall 

the  24'.h  day  of  June  1755. 

*  *  *  * 
Whereas  by  Commission  under  the  Great  Seal  of  Great  Britain, 

the  Governor,  Council  and  Assembly,  of  his  Majesty's  Province  of 
New  York,  are  authorized  and  empowered  to  make,  constitute  and 
ordain  Laws,  Statutes  and  Ordinances,  for  the  Publick  Peace,  Welfare 
and  good  Government  of  the  said  Province,  which  Laws,  Statutes  and 
Ordinances  are  to  be,  as  near  as  conveniently  may  be,  agreable  to  the 
Laws  and  Statutes  of  this  Kingdom,  and  to  be  transmitted   for  His 


Boundaries  of  the  State  of  New  York.  733 

Majesty's  Royal  approbation  or  Disallowance  —  And  Whereas  in  pur- 
suance of  the  said  Powers,  An  Act  was  passed  in  the  said  Province,  in 
December  1754,  and  transmitted  Entituled  as  follows  Viz.1 

"An    Act   for   submitting    the    Controversy    between    the 
"  Colonies  of  New  York  and  New  Jersey  relating  to  the 
"  Partition  between  the  said  Colonies  to  the  final  Determ- 
ination  of   His   Majesty. 
Which  Act,  together  with  a  Representation  from  the  Lords  Commis- 
sioners for  Trade  and  Plantations,  proposing  the  Repeal  thereof,  having 
been  referred  to  the  consideration  of  a  Committee   of  the   Lords   of 
His  Majesty's  most  Honourable  Privy  Council  for  Plantation  Affairs, 
The  said  Lords  of  the  Committee  did  this  day  report  to  the  Lords 
Justices  as  their  Opinion,  That  the  said  Act  ought  to  be  repealed  —  The 
Lords  Justices  taking  the  same  into  Consideration,  were  pleased,  with 
the  Advice  of  his  Majesty's  Privy  Council,  to  declare  their  Disallow- 
ance of  the  said  Act :  And  pursuant  to  the  Lords  Justices  Pleasui'e 
thereupon  expressed,  the  said  Act  is  hereby  repealed,  declared  Void  and 
of  none  effect.  Whereof  the  Governor,  or  Commander  in  Chief  of  His 
Majesty's  Province  of  New  York,  for  the  time  being,  and  all  others, 
whom   it   may   concern,   are   to   take   Notice   and  Govern  themselves 

accordingly. 

W.  Sharps:. 

— [N.  Y.  Council  Minutes,  xxiii,  280;  A7!  Y.  Col.  MSS.,  lxxxi,  42. 


[In  N.  Y.  General  Assembly.] 

January  8,  1756. 
*  *  *  * 

A  Message  from  his  Excellency  the  Governor,         *         * 

Gentlemen, 

I  send  you  a  Copy  of  an  additional  Instruction  from  their  Excellen- 
cies the  Lords  Justices,  given  at  Whitehall,  the  12th  Day  of  August 
last;  directing  me  to  recommend  to  you,  in  his  Majesty's  Name,  to 
make  speedy  and  effectual  Provision,  for  defraying  one  Moiety  of  the 
Expence  of  obtaining  and  executing  his  Majesty's  Commission  for  set- 
tling the  true  Line  of  Partition  between  this  Province  and  the  Province 
of  New- Jersey.  *  *  And  as  *  *  it  appears  that  the 
Agent  for  the  Proprietors  of  New-Jersey,  hath  offered  to  give  ample 
Security  for  defraying  a  Moiety  of  such  Expence;  I  earnestly  recom- 
mend it  to  you,  in  his  Majesty's  Name,  to  make  immediate  Provision 
for  defraying  the  other  Moiety  thereof;         *         * 

Charles  Hardy. 
— [A7.  Y.  Gen.  Assem.  Journal,  ii,  470. 


734  Copies  of  Documents  Relating  to  the 

Memorial  of  Part  Owners  and  Proprietors  op  Patents  of  Mini- 
sink  AND  WAWAYANDA,  DATED  FEBRUARY  10,  1756. 

[For  the  text  of  this  Memorial,  see  under  N.  Y.  General  Assembly, 
February  18,  1757,  post.] 

Governor  Hardy  to  the  Lords  of  Trade. 

Fort  George  New  York 
23d  Feby  1756 

•fC  '*>  -f*  -}c 

I  have  some  time  ago  laid  before  the  Assembly  his  Majestys  Instruc- 
tions for  making  a  provision  for  defraying  the  charges  of  His  Matys 
Commission  for  determining  the  Line  between  this  &  the  Province 
of  New  Jersey  They  express  to  me  great  difficultys  they  are  under  to 
make  the  Provision  directed  and  urged  the  great  expence  it  would 
draw  on  this  Province  (as  other  Lines  are  equally  disputed  but  more 
particularly  between  us  &  the  Massachusetts)  and  at  this  time  when 
they  are  at  such  heavy  expences  for  the  public  Service ;  I  have  argued 
and  urged  the  Point  strongly  with  the  Speaker,  and  many  of  the  Mem- 
bers but  at  present  nothing  has  been  done  in  it 

I  have  endeavored  to  inform  myself  of  the  merits  of  this  dispute, 
between  the  two  Provinces,  and  find  all  partys  agree  the  determination 
of  the  Line  depends  alltogether  upon  the  construction  of  the  Duke  of 
Yorks  Grant  I  beg  leave  to  refer  it  to  your  Lordships  opinion  if  this 
Point  may  not  be  better  discussed,  and  more  equitably  determined  by 
persons  under  his  Matys  Commission  in  England  than  by  Commissioners 
appointed  abroad.  On  the  side  of  this  Province  His  Matys  Interest  is 
greatly  concerned  should  the  determination  be  made  in  favor  of  and 
confirmed  [according]  to  the  claim  of  New  York  by  which  his  Maty 
would  have  a  great  acquisition  of  ungranted  Lands  that  would  be 
readily  taken  up,  agreeable  to  His  Majestys  Instructions,  and  I  am 
informed  might  produce  Quit  Rents  to  the  Crown  of  near  £2000  Sterling 
per  annum ;  on  the  other  hand  should  the  Claim  of  New  Jersey  be  con- 
firmed, the  acquisition  of  this  ungranted  Land  would  fall  to  tr/e  pro- 
prietors of  East  New  Jersey,  As  His  Matys  Interest  is  so  principally 
concerned  in  this  Dispute,  I  thought  it  my  duty  thus  briefly  to  lay  it 
before  your  Lordships.  *  *  *  * 

—[A7:  Y.  Col.  Doc,  vii,  37,  38. 


Albany  the  2d  of  August  1756 
My  Lords 

*        *         I  shall  not  fail  of  recommending  again  to  the  Assembly  to 

make  Provision  for  defraying  the  charges  of  His  Majestys  Commission 

for  determining  the  Line  in  dispute  between  this  Province  &  New  Jer- 


Boundaries  of  the  State  of  New  York.  735 

sey  but  I  cannot  flatter  myself  with  much  success.     The  like  dispute 
subsisting  between  this  Government  and  the  Massachusetts  is  attended 
with  greater  evils  &  until  settled,  we  cannot  expect  to  preserve  Peace 
&  good  order  upon  our  own  Borders         *         * 
— [N.  Y.  Col.  Doc,  vii,  121. 


Fort  George,  N  York  2d  [December]  1 756 

*  *  *  * 

As  this  sessions  has  been  long,  I  thought  it  most  adviseable  to  deferr 
pressing  the  Assembly  to  pass  Laws  for  defraying  a  moiety  of  His 
Majestys  Commission  for  determining  the  disputed  Line  between  this 
Province  &  New  Jersey,  and  for  annulling  the  exorbitant  Grant  of 
Lands,  to  a  convenient  time  at  their  next  meeting. 

*  *  *  * 

—[N.  Y.  Col  Doc,  vii,  202,  204. 


[In  N.  Y.  General  Assembly.] 

Flatbush,  February  16,  1*757. 

*  *  *  * 
A  Message  from  his  Excellency     *         * 

*  *  *  * 

Soon  after  my  coming  to  the  Government,  I  recommended  a  Provision 
to  be  made  for  defraying  the  Expence  of  his  Majesty's  Commissions, 
for  determining  the  Controversies  with  New-Jersey  and  Massachusetts- 
Bay,  concerning  their  Boundaries,  the  unsettled  State  of  which,  hath 
already  been  productive  of  much  Mischief,  and  is  an  Evil  daily 
increasing,  *  *  As  no  such  Provision  has  yet  been  made,  and  the 
Right  Honourable  the  Lords  Commissioners  for  Trade  and  Plantations, 
are  of  Opinion,  that  the  only  proper  and  effectual  Method  of  determ- 
ing  these  Disputes,  will  be  by  a  Commission  in  the  Nature  of  that,  upon 
which  the  Limits  between  the  Massachusetts- Bay  and  New-Hampshire 
were  settled.  I  have  their  Lordships  repeated  Directions,  to  recommend 
it  again  to  your  Consideration,  and  to  acquaint  you,  that  as  this  is  a  Mat- 
ter of  high  Concernment  to  the  Peace  and  Quiet  of  Government,  and 
the  Lives  and  Properties  of  his  Majesty's  Subjects  ;  His  Majesty  does 
expect  that  you  will  forthwith  make  a  proper  jrrovision  for  the  Expence 
of  such  Commissions,  that  there  may  be  no  further  Delay  in  a  Matter 
of  so  great  Importance. 

*  *  ♦  * 

Charles  Hardt. 
— [NY.  Gen.  Assem.  Journal,  ii,  523. 


736  Copies  of  Documents  Relating  to  the 

February  18,  1757. 

The  humble  Address  of  the  General  Assembly  of  the  said  Province. 
May  it  please  your  Excellency. 

*  *  *  * 

We  shall  with  the  greatest  Alacrity,  furnish  the  Quota  of  Men 
requested  of  this  Colony,     *         * 

We  wish  we  could  with  the  same  Conviction,  engage  for  what  we 
apprehend  will  be  a  heavy  Expence,  the  settling  the  Boundaries  of  this 
Colony,  controverted  on  every  Side  by  every  Neighbour,  Connecticut 
only  excepted  ;  but  we  humbly  would  observe  to  your  Excellency,  that 
a  Line  of  a  much  more  serious  Nature,  at  present  engages  our  whole 
Attention,  and  justly  claims  the  Substance  vie  have  to  spare.  Surely 
those  vested  with  the  Powers  of  Government  in  the  different  Colonies, 
can  preserve  Peace  and  Order  on  their  respective  Borders,  by  a  wise 
Agreement  of  Forbearance,  at  least  till  we  have  repelled  the  common 
Enemy,  and  can  with  Propriety  say,  that  we  have  Lands  to  divide,  or 
Jurisdiction  to  settle !  But  still  if  it  be  the  Pleasure  of  the  Right 
Honourable  Lords  Commissioners  for  Trade  and  Plantations,  that  this 
Affair  be  brought  to  an  immediate  Determination,  we  most  humbly 
intreat  your  Excellency  to  represent  to  their  Lordships,  the  Money 
arising  by  Quit-Rents,  as  a  natural  Fund  to  discharge  the  Expence 
which  may  attend  that  Service ;  this  we  humbly  hope,  will  meet  with 
their  Lordships  Approbation,  as  that  very  Fund  is  so  deeply  interested 
in  the  Issue  of  those  Controversies. 

*  *  *  * 

— [N.  Y.  Gen.  Assem.  Journal,  ii,  524. 

February  18,  1757. 

A  Motion  was  made,  by  Col.  Delancey,  in  the  words  following,  viz. 

"  I  move,  that  the  Memorial  of  the  Part  Owners  and  Proprietors  of 
the  Patents  of  Minisink  and  Wdwayanda,  near  the  Jersey  Line,  pre- 
sented to  this  House,  the  13th  Day  of  February,  1756,  be  ordered  to  be 
printed  immediately,  as  it  will  explain  the  Nature  of  the  Controversy, 
between  the  Crown  and  the  New-Jersey  Proprietors,  and  shew  the  Value 
of  the  Quit-Rents  that  will  be  added  to  the  Revenue  of  the  Crown,  if 
the  Line  be  run  as  the  Memorial  asserts." 

Ordered,  That  James  Parker,  publick  Printer  of  this  Colony,  do  print 
the  said  Memorial. 


Boundaries  of  the  State  of  New  York.  737 

Which  Memorial  is  the  Words  following,  viz. 

lb  the  Honourable  the  House  of  Representatives  of  and  in  the  Colony 

of  NEW-YORK. 

The  MEMORIAL  of  us  the  Subscribers,  being  Part-Owners  and  Pro- 
prietors of  the  Patents  of  Minisink  and  Wawayanda,  bordering 
on  the  Crown  Lands  in  this  Colony,  that  lie  between  the  said 
Patents  and  the  true  Line  of  Division  between  this  Colony  and  the 
Colony  of  New-Jersey,  in  behalf  of  Ourselves,  and  the  other  Owners 
and  Proprietors  of  the  said  Patents,  and  the  Owners  and  Proprietors 
of  the  other  Patents  ranging  with  the  said  Patents  of  Minisink  and 
Wdwayanda,  between  HudsorCs  and  Delaware  Rivers. 

HUMBLY  RELATES, 

That  your  Memorialists  have  been  informed,  that  his  Excellency 
Sir  Charles  Hardy,  Knight,  has  lately  laid  before  this  Honourable 
House,  an  additional  Instruction  from  his  Majesty,  requiring  him  to 
apply  to  this  Honourable  House,  for  a  Provision  on  the  Part  of  this 
Colony,  to  defray  One  Half  of  the  Expence  that  may  accrue  upon  a 
Settlement  of  a  Line  of  Partition,  between  this  Colony  and  New  Jersey, 
by  Commissioners  to  be  hereafter  appointed  by  his  Majesty  for  that 
Purpose. 

That  your  Memorialists  have  also  been  informed,  that  in  Consequence 
thereof,  a  Proposal  has  been  made  in  this  Honourable  House,  to  subject 
your  Memorialists,  and  the  other  Persons  interested  in  the  said  Patents 
of  Minisink  and  Wdwayanda,  and  the  other  Patents  ranging  with  them 
in  this  Colony,  (a  Part  whereof  only  falls  within  the  exorbitant  Claim 
of  the  Proprietors  of  East  New-Jersey,)  to  One  Half,  or  some  other  con- 
siderable Proportion  of  the  Sum  to  be  provided  on  the  Part  of  this 
Colony,  for  defraying  such  Expence  as  aforesaid :  Which  Proposal, 
should  it  take  effect,  would,  as  your  Memorialists  conceive,  and  hope 
they  will  be  able  to  evince  to  this  Honourable  House,  be  a  Burden  too 
heavy  and  unequal,  considering  the  proportionably  small  Interests  of 
your  Memorialists,  and  those  whom  your  Memorialists  represent  in  this 
Matter,  to  be  imposed  on  them. 

In  order  whereto,  your  Memorialists  beg  Leave  to  elucidate  the  fol- 
lowing Points,  viz. 

1st,  That  the  Claim  of  this  Colony  in  Behalf  of  the  Crown,  and  the 
Right  of  the  private  Owners  of  the  above  mentioned  Patents,  which 
only  in  Part  interfere  with  the  New-Jersey  Claim,  are  intirely  distinct 
in  their  Natures;  and  that  the  former,  extending  a  great  many  Miles 
more  Southerly  upon  the  Pretensions  of  New-Jersey,  than  the  latter,  the 
Crown  is  principally,  nay,  almost  wholly,  interested  in  the  Determina- 
tion and  Event  of  the  Controversy. 
4V 


738  Copies  of  Documents  Relating  10  the 

'Idly,  That  the  Persons  holding  Lands  under  the  Government  of  this 
Colony,  in  Virtue  of  the  above  mentioned  Patents,  did  obtain  their 
Titles  to  the  same,  in  a  Dependance  on  certain  public  Acts  of  Govern- 
ment and  Legislature;  and  therefore  ought  to  be  supported  in  their 
Rights  by  the  Legislature  of  this  Colony. 

Zdly,  That  the  Interest  of  his  Majesty,  and  the  general  Interest  of 
this  Colony,  are  greatly  concerned  in  the  Event  of  the  Controversy. 
And,  therefore,  that  the  Expences  on  our  Part,  ought  to  be  defrayed  by 
the  Colony,  and  not  by  any  particular  Number  of  its  Inhabitants. 

Athly,  That  the  true  Interest  of  his  Majesty,  and  of  the  Inhabitants 
of  this  Colony  in  general,  requires,  that  the  respective  Jui'isdictions  of 
the  two  Colonies  be  ascei-tained;  and  as  a  Determination  of  that  Point 
(which  ought  doubtless  to  be  at  the  public  Expence)  will  naturally 
induce  a  Settlement,  with  Relation  to  private  Property,  it  would  be 
a  Hardship  to  tax  any  particular  Persons,  (however  consequentially 
interested  in  such  Determination)  for  paying  the  Charges  on  the  Part 
of  this  Colony,  to  accrue  thereon. 

hthly,  If  the  Line  should  finally  be  settled  in  Favour  of  this  Colony, 
the  private  Owners  of  the  above  mentioned  Patents  would  gain  nothing 
thereby;  and  if  the  Settlements  should  turn  in  Favour  of  the  New-Jersey 
Claim,  would  necessarily  be  considerable  Losers.  For  which  Reason 
also,  your  Memorialists  humbly  conceive,  they  ought  not  to  be  taxed 
towards  such  Settlement. 

*  *  *  * 

In  Proof  of  the  fourth  Point,  your  Memorialists  beg  Leave,  briefly, 
to  mention  the  publick  Disorders  that  have  arisen  in  process  of  Time, 
from  the  unsettled  State  of  the  Jurisdiction  of  the  two  Colonies,  to  the 
Disadvantage  of  his  Mqjesty^s  Interest  in  Breach  of  his  Peace,  and  to 
the  manifest  Injury  of  this  Colony  in  general.     And, 

1st.  It  appears  by  a  Letter  from  Governor  HAMILTON  of  East- 
Jersey,  to  Governor  FLETCHER,  of  this  Colony,  dated  February  13, 
1693-4,  and  produced  also  to  the  said  Committee  of  this  Honourable 
House,  That  by  Reason  of  the  unsettled  State  of  the  Boundaries, 
between  the  two  Colonies,  and,  consequently,  of  their  Jurisdiction; 
the  respective  Governments  were  unable  to  make  such  Detachments,  as 
his  Majesty's  Service,  and  the  Defence  of  the  Frontiers  against  the 
Enemy  then  required,  "  There  being  several  Plantations  near  the  Line 
of  Partition,  (that  is,  near  the  Place  where,  as  it  was  then  esteem'd,  it 
ought  to  run)  which  pretended  an  Exemption  from  a  Detachment  in 
either  Government. 

2dly.  That  altho'  from  the  Time  of  the  Settlements  of  the  Stations, 
in  1686,  till  the  year  1719,  the  Government  of  this  Colony  gave  full 
Evidences  of  a  Jurisdiction,  as  nearly  as  possible,  agreeable  to  those 


Boundaries  of  the  State  of  New  York. 

Stations,  by  the  Acts  of  Assembly  above  mentioned,  by  levyin 
Taxes,  and  appointing  Officers,  both  Civil  and  Military,  and  by  granting 
of  Patents,  with  a  Reference  to  those  Stations  ;  and  altho'  none  of  the 
Counties  of  New-Jersey,  except  Bergen,  and  the  most  extreme  Part  of 
Morris  County,  (as  your  Memorialists  conceive,  will  appear,  on  Exam- 
ination of  the  Acts  of  Assembly,  erecting  the  several  Counties  in  New- 
Jersey)  did,  in  their  Boundaries,  approach  near  to  a  direct  Line,  from 
the  South  End  of  Great- Minisink  Island,  to  the  Latitude  of  41.  d.  on 
Uudso?i's  River,  until  the  late  Erection  of  the  new  County  in  New- 
Jersey,  called  Sussex ;  yet  the  Want  of  such  Line,  or  in  other  Words, 
the  Neglect,  effectually  to  settle  the  respective  Jurisdictions,  by  running 
such  Line,  was  declared  in  an  Act  of  the  Legislature  of  New-Jersey, 
passed  in  the  year  1718,  for  running  and  ascertaining  the  Division  Line 
between  that  Colony,  and  this  Colony  of  New  -  York,  to  have  occasioned 
many  Disputes  between  the  Owners  of  the  Lands  in  the  two  Colonies 
lying  near  such  Line,  as  well  as  between  the  Officers  of  the  Government, 
and  a  Number  of  lawless  Men,  who  eluded  the  Laws  of  both  Governments, 
and  paid  Taxes  and  Obedience  to  neither,  under  pretence  of  being 
situated  in  each  of  them. 

Zdly.  That  the  Want  of  such  a  Line  was,  as  your  Memorialists  con- 
ceive, the  only  Occasion  of  passing  the  said  Act,  (there  being  not  the 
least  Mention  of  it  in  the  Settlement  of  Stations)  as  also  of  a  clause  in 
an  Act  of  the  Legislature  of  this  Colony,  passed  in  IV 17,  for  paying  the 
Debts  of  the  Colony,  whereby  a  Provision  was  made  for  defraying  the 
Expences  of  running  such  Line,  and  an  implied  Authority  given  to  the 
Governor,  with  the  Advice  of  Council,  to  appoint  Commissioners  and 
Surveyors  for  that  Purpose  :  And  therefore,  that  had  a  Line  been 
originally  run,  agreeable  to  the  Stations  of  1686,  it  would  have  fully 
settled  the  Jurisdiction  of  the  two  Colonies ;  and  consequently  pre- 
vented the  flagrant  Abuses,  which  have  been  made  of  the  said  Acts,  by 
the  Proprietors  of  East  New-Jersey,  in  contempt  of  the  Government 
and  Jurisdiction  of  this  Colony:  Which,  as  they  are  well  known,  your 
Memorialists  only  beg  Leave,  concisely,  to  collect  them  in  the  following 
Manner,  viz. : 

1st.  Governor  Hunter,  at  that  Time,  being  Governor  of  both  Colo- 
nies, and  notoriously  under  the  Influence  of  some  of  the  Proprietors  of 
East  New-Jersey,  was  prevailed  upon,  in  Quality  of  Governor  of  New- 
Jersey,  and  in  Consequence  of  the  Power  given  him  by  the  said  Act  of 
New-Jersey,  to  appoint  two  Commissioners,  with  the  Advice  of  the 
Council,  most,  if  not  all  of  which  Board,  were  then  Proprietors  of  East 
New- Jersey.  Which  Commissioners,  in  conjunction  with  the  Surveyor 
General,  were  to  be  impowered,  by  Commission  under  the  Great  Seal  of 
the  said  Colony,  to  join  with  such   Commissioners  and  Surveyors,  as 


740  Copies  of  Documents  Relating  to  the 

should  be  appointed  on  the  Part  of  this  Colony,  for  running  the  said 
Line  :  Your  Memorialists  say,  that,  in  Consequence  thereof,  the  said 
Governor  Hunter,  was  induced  to  appoint  Dr.  John  Johnston,  and 
Georye  Willocks,  Commissioners,  and  James  Alexander,  Esq;  Surveyor 
General  of  Neio-Jersey,  Persons  all  greatly  interested  in  the  Eastern 
Division  of  that  Colony,  and  men  of  great  Sagacity,  to  execute  the 
said  important  Trust.     And  this  was  the  first  Abuse. 

Idly.  The  same  Governor  Hunter,  in  the  Quality  of  Governor  of  this 
Colony,  was  induced,  contrary  to  the  Advice  of  the  Council,  excepting 
the  said  John  Johnston,  who  was  also  of  the  Council  of  this  Colony, 
and  without  the  Consent  of  his  Majesty,  or  of  the  private  Owners  of 
the  Land  on  the  Part  of  this  Colony,  and  contrary  to  the  said  Act  of 
Assembly,  to  appoint  two  Gentlemen  of  this 
Colony,  viz. :  Col.  Isaac  Sicks,  and  Captain 
Robert  Walters,  Persons  no  ways  interested  in 

the  said  Patents  within  this  Colony ;  and  tho'         See  the  Petition  here- 
of unspotted  Reputations,  yet  by  no  Means         after     mentioned     to 
qualified  for  such  Employments,  in  Conjunc-         have  been  signed  by 
tion  with  Allin  Jaret,  Surveyor  General  of        upwards  of  40  of  the 
this  Colony,  to  run  the  said  Line  on  the  Part         owners    of    the    said 
of  this  Colony.     And   this   was   the   second         Patents     within    this 
Abuse.     In  consequence  of  such  unwarranta-         Colony, 
ble  Appointments,  little  else  could  be  expected, 
than   the   utmost    Stretch   of    Authority,   in 
Favour  of  New-Jersey.     And  accordingly, 

Zdly.-  That  in  the  year  1719,  the  said  Commissioners  and  Surveyors, 
instead  of  running  a  Line  agreeable  to  the  Stations  of  1686,  or  to  the 
true  Boundaries  above  related,  of  the  Grants  to  the  Proprietors  of 
New-Jersey,  having,  for  Reasons  best  known  to  themselves,  determined 
the  East  Branch  of  Delaware,  to  be  the  Northernmost  Branch,  without 
any  actual  Attempt  made  by  them  (which  the  Duty  or  their  Offices  how- 
ever required)  to  discover  a  more  Northerly  Branch,  if  any  such  there 
were  ;  and  that  the  Boundary  ought  to  be,  in  open  Defiance  to  common 
Sense  and  the  Rules  of  Law,  in  the  Lat.  of  41  d.  40  m.  on  that  Branch. 
And  having  also,  by  an  Instrument,  much  too  small  for  the  Purpose, 
and  undoubtedly  erroneous,  found  that  the  Lat.  of  41  d.  40  m.  on  the 
said  East  Branch,  was  at  Cashicktonk ;  therefore,  lest  New- Jersey 
should  be  deprived  of  the  Benefit  of  so  advantageous  a  Discovery,  the 
said  Commissioners  and  Surveyors  took  Care,  immediately,  to  execute  an 
Indenture  tripartate,  purporting  the  Settlement  of  the  Station  on  Dela- 
ware, to  be  at  Cashicktonk  aforesaid.  As  by  the  said  Indenture,  surrep- 
titiously entered  of  Record  in  the  Secretary's  Office  of  this  Colony,  in  the 
Manner  hereinafter  mentioned,  may  appear.     Which  was  the  third  abuse. 


Boundaries  of  the  State  of  New  York.  741 

4thly.  That  in  endeavoring  to  fix  the  Station  on  Delaware,  in  the 
Absence  of  the  Commissioners  of  New-  York,  the  Instrument  was  found 
to  be  erroneous;  and  our  Surveyor  refused  to  attempt  any  Thing  fur- 
ther with  it :  And  did  thereupon,  prefer  his  Petition  to  Peter  Schuyler, 
Esq ;  then  President  of  this  Colony,  and  to  the  Council,  setting  forth 
the  Reasons  which  incapacitated  him  from  proceeding  compleatly  to 
execute  his  Commission ;  and  therefore,  pray'd  further  Directions  of  the 
Council  Board.  Which  Petition  was  back'd  with  another  Petition  to 
the  like  Purpose,  signed  by  above  forty  Persons,  interested  on  the  Part 
of  New-  York.  And  being  refered  to  a  Committee  of  the  Council, 
they,  upon  the  whole  Matter,  reported,  that  they  could  not  advise  his 
Honour  to  give  any  further  Instructions  to  our  Surveyor,  to  proceed 
with  so  erroneous  an  Instrument;  but  on  the  Contrary,  "  That  he  should 
"  be  directed  to  set  forth,  and  certify,  by  some  writing  under  his  Hand 
"  and  Seal,  that  the  Station  pretended  to  be  fix'd  at  the  Fish  Kill,  was 
"  wrong  and  erroneous.  To  the  End  this  Colony  might  not,  at  any 
"Time  thereafter,  receive  any  Prejudice  by  the  aforesaid  tripartite 
"  Indenture,  &c,"  as  by  the  said  Petitions  and  Report  in  the  Secre- 
tary's Office  of  this  Colony,  may  appear.  And  tho'  the  Proprietors  of 
East  and  West  Jersey  did,  some  Time  after,  in  a  Memorial  presented  to 
Governor  MORRIS  of  New-Jersey,  combat  the  Reason  alledged  on  the 
Part  of  New-  York,  concerning  this  Matter ;  yet  the  two  Governments 
never  came  to  any  final  Determination.  And  thus  the  erroneous  Sta- 
tion of  1719,  at  Cashicktonk,  remained  unconfinned,  until  the  year  1738; 
this  Colony  still  continuing  the  Exercise  of  its  ancient  Jurisdiction. 
In  which  Year,  an  Act  of  the  Assembly  was  passed  in  New-Jersey, 
erecting  Morris  County;  Part  of  which  included  some  of  the  Lands 
lying  within  the  ancient  Jurisdiction  of  this  Colony  at  Minisink. 
Which  Act,  being  passed  in  Defiance  of  such  ancient  Jurisdiction  of 
this  Colony,  and  in  consequence  of  one  erroneons  Station,  fix'd  by  Per- 
sons, some  of  whom  were  Parties  interested,  and  others  incapable,  and 
not  qualified  according  to  Law,  (and  therefore,  had  no  Authority  to 
act)  and  opposed,  before  its  confirmation,  by  the  Government ;  Sur- 
veyor, and  Inhabitants  of  this  Colony  ;  is  the  fourth  Abuse  of  the 
above  mentioned  Acts  of  both  Colonies. 

hthly.  That  George  Clark,  Esq;  Lieutenant  Governor  of  this  Province, 
did  assert  the  ancient  Jurisdiction  of  this  Colony,  as  soon  as  Encroach- 
ments were  made  on  it,  in  Virtue  of  the  Erection  of  Morris  County 
aforesaid;  and  did,  by  a  Letter  dated  July  7th,  1740,  and  directed  to 
William  Cool,  William  Cortraet  and  Peter  Cickendall,  Esqrs,  then 
Justices  of  the  Peace  in  Orange  County,  require  them  to  exercise 
their  Authority,  in  repelling  those  Encroachments,  and  in  asserting  their 
Jurisdiction,  in  the  same  Manner  as  they  had  done  for  twenty  Years  past, 


742  Copies  of  Documents  Relating  to  the 

From  which  Time  until  this  Day,  many  Acts  of  Violence  have  ensued, 
on  the  Exercise  of  Jurisdiction,  by  both  Governments  against  each  other. 
Which,  as  your  Memorialists  conceive,  are  chargeable  to  the  Account  of 
Nzw- Jersey ',  as  arising  from  their  Infringement  of  the  Settlement  of  1686, 
and  their  Encroachments  on  the  ancient  Jurisdiction  of  this  Colony, 
under  Colour  of  one  erroneous  Station,  fix'd  at  Cashicktonck  aforesaid 
not  warranted  by  the  said  Acts  of  Assembly,  and  rejected  by  the  Gov- 
ernment of  this  Colony.     And  this  is  the  fifth  abuse. 

Qthly.  That,  in  order  the  better  to  countenance  the  unjustifiable 
claims  of  New-Jersey,  and  in  manifest  Opposition  to  the  very  Spirit  and 
Design  of  the  above  related  Report  of  the  Council  of  this  Colony,  the 
said  tripartite  Indenture,  so  long  after  its  Date  as  in  the  Year  1*744, 
appears  on  the  public  Records  of  this  Colony;  the  Hand-writing  of 
which  Entry,  were  it  necessary,  could  be  very  easily  proved;  as  well  as 
the  Interests,  Connections,  and  Relations  in  Life  of  the  Person  who  wrote 
it.  Thus  much  however  is  certain,  that  it  was  neither  entered  by  the 
proper  Officer,  nor  warranted  by  any  Act  of  Government;  and  is,  there- 
fore, a  Record,  which  must  necessarily  be  disowned  by  the  Government 
of  this  Colony,  as  being  an  evident  Piece  of  Forgery.  Your  Memori- 
alists, indeed,  conceive  it  dishonourable,  to  the  highest  Degree,  even 
to  cite  such  a  Record  as  Evidence;  and  yet,  the  proprietors  of  East 
New- Jersey,  have  not  been  ashamed  to  do  it  in  their  Memorial  to 
Governor  Belcher.     And  this  concludes  the  sixth  Abuse. 

Ithly.  That,  not  even  content  with  this,  the  Proprietors  of  New- 
Jersey,  in  1747-8,  obtained  an  Act  of  that  Colony,  for  giving  a  Sanction 
to  the  aforementioned  Abuses,  by  running  a  Line  Exparte,  if  this  Colony 
should  not  think  proper  to  acquiesce  in  their  unreasonable  Proposals: 
And  therefore,  upon  their  not  meeting  with  the  Concurrence  of  the 
Legislature  of  this  Colony,  they  sent  home  the  Act  for  his  Majesty's 
Royal  Assent.  And  such  was  the  seventh  Abuse.  The  Fate  of  the  said 
Act,  however,  at  the  Board  of  Trade,  is  well  known  to  this  Honourable 
House;  and  is  now  fully  determined  by  his  Majesty's  said  Instruction: 
Whereby,  it  is  plain,  that  the  Crown  intends  to  settle  the  Boundaries 
between  the  two  Colonies,  by  Commission. 

8thly.  That  in  Consequence  of  the  said  erroneous  Station  at  Cashick- 
tonk,  and  in  Contempt  of  the  ancient  Jurisdiction  of  this  Colony,  the 
Government  of  New-Jersey,  taking  Advantage  of  the  Necessity  to  which 
both. Colonies  are  reduced  of  fortifying  their  Frontiers  along  Delaware, 
against  the  Irruptions  of  the  savage  and  perfidious  Indians ;  have,  as 
your  Memorialists  are  informed,  made  an  Offer  of  extending  their  Chain 
of  Block-houses,  as  far  as  Cashioktonk;  and  generously  leaving  a 
smaller  Extent  of  Country  to  be  fortified  by  this  Colony.  A  plausible 
Pretext   this,  to  oust  the  Government  of   this  Colony  of   its  ancient 


Boundaries  of  the  State  of  New  York.  743 

Jurisdiction;  and  indubitably  designed,  as  a  colourable  Reason,  for  a 
Determination  of  the  Controversy  in  their  Favour;  upon  a  Supposition, 
that  those  who  will  resolutely  defend  the  Lands  in  Controversy,  in  a 
Time  of  general  Danger,  are  best  intituled  to  reap  the  happy  Fruits  of 
their  own  Valour!  But  your  Memorialists  have  the  utmost  Reason  to 
rest  assured,  that  a  Disguise  so  thin,  will  be  easily  penetrated,  by  the 
Wisdom  of  this  Honourable  House.  And  this  evinces  the  eighth  Abuse. 
The  further  to  demonstrate  which,  your  Memorialists  beg  leave  to  men- 
tion a  single  Fact;  of  which  they  are  informed,  by  one  of  the  Members 
of  this  Honourable  House,  viz.  That  Richard  Gardner,  the  principal 
Agent  for  the  Proprietors  of  Mast  New- Jersey ',  in  their  Encroachments 
on  this  Colony,  and  who  lives  in  the  very  Heart  of  the  Controversy,  on 
a  Plantation  formerly  held  under,  and  lately  wrested  from  this  Colony, 
not  more  than  V  or  8  Miles  from  Goshen,  and  about  20  Miles  from  the 
Frontiers  of  the  two  Colonies  on  Delaware;  having,  some  Time  ago, 
met  with  a  Party  of  Jersey  Men,  who  were  sent  to  garrison  the  Frontiers 
of  New-Jersey,  did,  in  Virtue  of  an  Order  of  Government,  direct  the  said 
Party  to  return  to  his  House,  which  he  employed  them  in  fortifying,  by 
incircling  it  with  Stockadoes,  at  the  public  Expence  of  that  Colony. 
Which  Fortifications,  by  Reason  of  its  distant  Situation  from  the 
Frontiers,  and  its  being  in  the  Heart  of  the  Controversy,  is  probably, 
designed  principally,  to  support  the  Encroachments  of  New-Jersey,  on 
this  Province;  especially,  if  it  be  considered,  that  the  Command  of  it  is 
given  to  the  chief  Agent  of  the  Proprietors  of  Mast  New-Jersey  /  to 
whom  they  are  greatly  indebted  for  their  late  unjustifiable  Aquisitions. 

From  all  these  Matters  adduced  in  Support  of  the  fourth  Point,  your 
Memorialists  conceive,  that  for  the  Want  of  a  Settlement  of  the  Juris- 
diction of  the  two  Colonies,  agreeable  to  the  Stations  of  1686,  his 
Majesty's  Interest,  the  Honour  of  his  Government  of  this  Colony,  the 
Jurisdiction  and  public  Peace  and  Tranquility  thereof,  and  the  Rights 
of  its  Inhabitants,  have  been,  in  many  Instances,  unlawfully  invaded 
and  trampled  upon,  even  by  the  Government  of  New- Jersey,  and  that 
upon  the  most  idle  Pretences. 

These  are  Evils  of  a  public  Nature  ;  to  repel  which,  demands  the 
united  Efforts  of  the  whole  Colony  :  Wherefore,  as  it  is  necessary  for 
the  public  Weal,  that  the  Jurisdiction  of  this  Colony  should  be  prop- 
erly Ascertained  ;  so  also,  as  it  is  a  Matter  of  general  Concern,  your 
Memorialists  do  humbly  conceive,  it  ought  to  be  at  the  general  Expence. 
That  altho'  some  particular  Persons,  unfortunately  feel  the  evil  Effects 
of  the  Encroachments  of  New-Jersey  on  the  Jurisdiction  of  this  Colony, 
more  immediately  than  any  other  Members  of  the  Community  ;  yet,  as 
the  Matter  Concerns  the  Honour  of  this  Government,  all  those  who 
enjoy  the  happy  Consequences  of  its  Care  and  Protection,  ought  to  con- 


744  Copies  of  Documents  Relating  to  the 

tribute  to  its  Support,  by  asserting  and  maintaining  its  rightful  Juris- 
diction. And  therefore,  that  altho'  by  determining  the  Line  of 
Jurisdiction,  the  Question  of  Property,  will,  consequently  be  determ- 
ined ;  yet  the  public,  and  not  the  private  Owners  of  the  controverted 
Lands,  ought  equitably  to  bear  the  Burthen. 

In  Support  of  the  fifth  Point,  your  Memorialists  beg  Leave  to  observe, 
that  if  upon  a  final  Determination  of  the  Boundary  between  the  two 
Colonies,  JVevj-Jersey  should  be  confined  by  a  Line  from  the  Head  of 
Delaware  Bay,  or  from  the  Forks  of  Delaware  to  the  Latitude  of  41  d. 
on  Hudson's  River,  yet  those  Patents  in  this  Colony,  that  range  along 
a  Line  from  the  lower  End  of  Great  Minisinh  Island,  to  that  Latitude, 
(which  was  formerly  supposed  to  be  the  Boundary)  will  have  no  greater 
Extent  of  Land,  than  what  they  have  purchased  of  the  native  Indian 
Proprietors,  and  for  which  they  obtained  those  Patents:  And  how 
much  sover  the  Crown,  or  the  Public,  may  be  Gainers  by  the  vacant 
Lands,  in  such  Case,  the  Owners  of  those  Patents  being  confin'd  by 
the  last  mentioned  Line,  will  have  no  more  than  is  really  their  own: 
Besides,  as  the  Government  of  this  Colony  conceived,  and  by  the  said 
Patents  did,  in  Effect,  declare,  the  Lands  granted  by  them,  to  be  within 
this  Colony;  if  that  should  actually  appear  to  be  Truth,  upon  a  final 
Settlement,  your  Memorialists  conceive,  the  Owners  of  the  said  Patents, 
are  clearly  intituled  to  hold  them,  without  any  further  Charge,  than 
what  accrued  on  the  obtaining  of  those  Patents.  And,  on  the  contrary, 
should  the  Station  on  Delaware,  be  extended  to  (Jashicktonk,  they  must 
necessarily  be  great  Losers:  In  which  Case,  as  they  settled  the  said 
Lands  under  the  Government  of  this  Colony,  it  will  be  a  sufficient 
Hardship  for  them  to  be  deprived  of  Part  of  those  Lands,  without 
being  obliged  to  pay  One-half,  or  any  other  great  Proportion  of  the 
Expence  of  a  final  Settlement,  out  of  their  own  Pockets.  So  that, 
seeing  they  cannot  be  benefited,  but  may  possibly  be  prejudiced,  by  a 
final  Settlement,  and  seeing  that  the  controversy  is  publick  in  its 
Nature,  the  whole  Burthen  of  it  ought,  as  your  Memorialists  conceive, 
to  be  borne  by  the  Colony  in  general,  and  no  Part  of  it  by  the  Owners 

of  those  Patents  in  particular. 

*  *  *  * 

Wherefore,  upon  the  Whole,  your  Memorialists  humbly  supplicate 
this  honourable  House,  that  the  Methods  to  be  taken,  for  providing  for 
the  Expence  of  a  final  Settlement,  may  be  made  as  easy  to  your  Memo- 
rialists, and  those  whom  they  represent  in  the  Premises,  as  the  Nature 
of  the  Case  can  possibly  admit  of ;  and  that  this  honourable  House, 
would  be  pleased  to  use  its  Interest,  in  procuring  such  Settlement,  in  a 
Manner  most  consistent  with  Justice,  and  the  Rights  of  all  the  Parties 
interested  in  the  Events  of  the  Controversy :     And  also,  that,  as  your 


Boundaries  of  the  State  of  New  York.  745 

Memorialists,  and  those  whom  they  represent  in  the  Premises,  labour 
under  great  Disadvantages,  by  Reason  of  the  Power  of  the  Proprietors 
of  East  New-Jersey,  and  their  Enjoyment  of  most  of  the  Posts,  of  the 
highest  Importance  in  New-Jersey,  and  in  particular  by  the  great 
Authority  of  James  Alexander,  Esq;  a  principal  Proprietor  in  East 
New- Jersey,  and  of  his  Majesty's  Council  in  both  Colonies;  who  imag- 
ining the  said  Proprietors  to  have  a  Title  to  all  the  Lands,  as  far 
Northward  as  the  said  erroneous  Station,  at  Cashightonck,  has,  from 
Time  to  Time,  endeavoured  to  obstruct  your  Memorialists  in  the  Prose- 
cution of  those  Measures,  which  to  them  seemed  most  advancive  of 
their  true  Interest ;  as  will  appear  by  the  Interview  between  him  and 
Col.  Dekay,  an  Inhabitant  of  this  Province,  mentioned  in  the  above 
remembered  Report  of  the  Committee  of  this  honourable  House,  and 
also,  by  his  Reasons,  entered  the  last  Session,  in  the  Minutes  of  the 
Council  of  this  Colony,  against  the  passing  of  a  Bill,  of  the  same  Tenor 
with  the  above  mentioned  Bill,  now  before  this  honourable  House. 
That  therefore,  in  Tenderness  to  the  Owners  of  the  said  Patents  within 
this  Colony,  this  honourable  House  would  be  pleased,  by  the  great 
Weight  of  its  Authority  and  Influence,  to  urge  forward,  with  all  possi- 
ble Expedition  and  Justice,  the  final  Settlement  of  a  Controversy,  so 
apparently  injurious  to  a  vast  Number  of  its  Constituents.  And  thus 
your  Memorialists  humbly  beg  Leave  to  Conclude  this  their  long  Memo- 
rial ;  with  praying  the  Excuse  of  this  honourable  House;  for  trespassing 
so  much  on  their  Time,  seeing,  that  to  have  aimed  at  more  Brevity,  in 
the  Hurry  with  which  it  has  been  drawn  up,  might  have  been  attended 
with  some  fatal  Omission. 

New-York,  February  10,  1756. 
— [N.  Y.  Gen.  Assem.  Journal,  ii,  525. 


[In  N.  Y.  Council.] 

December  2nd  1762 
*  *  *  * 

His  Excellency  communicated  a  Petition  signed  by  John  Morin  Scott 
and  others,  part  Owners  and  Proprietors  of  Lands  lying  within  such 
Parts  of  this  Province,  the  Bounds  between  which  and  the  neighbouring 
Colony  of  New  Jersey  are  still  in  dispute,  in  behalf  of  themselves  and 
the  other  part  Owners  and  proprietors  of  such  Lands:  Praying  His 
Excellency  to  recommend  to  the  General  Assembly  now  sitting,  the 
bringing  in  a  Bill  for  submitting  the  Controversy  concerning  the  Boun- 
dary Line  between  this  Colony  and  the  Colony  of  New-Jersey,  to  such 
a  Method  of  Decision,  as  His  Majesty  shall  think  proper  by  his  Com- 


746  Copies  of  Documents  Relating  to  the 

mission  to  appoint ;    and  for  making  Provision  for  defraying  one-half 
the  Expenee  thereof. 

The  Council  humbly  advised  His  Excellency  to  recommend  to  the 
General  Assembly  to  make  the  necessary  Provision  for  the  final  Settle- 
ment of  the  Partition  Line  between  the  said  two  Provinces ;  and  for 
this  Pui'pose,  to  send  a  Message  to  the  two  Houses  now  convened. 

*  *  *  * 

— [N.  Y  Council  Minutes  (MS.),  xxv,  464. 


[In  N.  Y.  Gen.  Assembly.] 

December  9,  1762. 

A  Memorial  of  several  of  the  Owners  of  the  Patents  of  Honan  and 
Hawden,  Wawayanda,  Cheescocks  and  Minisink,  was  presented  to  the 
House,  and  read,  setting  forth,  That  tlie  Memorialists  had  been  informed 
that  a  Bill  depending  before  the  Honourable  House,  for  submitting  the 
Controversy  concerning  the  Boundary  Line  between  this  Colony  and 
the  Colony  of  New-Jersey,  to  such  a  Method  of  Decision  as  his  most 
gracious  Majesty  shall  think  proper  to  appoint,  but  that  the  said  Bill 
meets  with  Obstruction,  by  Reason  that  the  Provision  for  defraying  the 
Expenee  thereof,  is  not  limitted:  That  the  Memorialists  being  sincerely 
desirous  of  having  that  Line  settled,  and  being  willing  to  remove  every 
Objection  against  the  passing  of  the  said  Bill,  therefore  humbly  beg 
Leave  to  declare  their  Readiness  and  Willingness,  in  Case  the  aforesaid 
Expenee  should  exceed  the  sum  of  Fifteen  Hundred  Pounds,  that  the 
Surplus  beyond  that  Sum  should,  if  the  Legislature  of  this  Colony  think 
fit  and  reasonable,  be  levied  in  proportion,  by  a  Tax  or  otherwise,  upon 
the  several  Patents  aforesaid;  and  humbly  praying  that  the  said  Bill 
which  concer[n]s  the  publick  Interest  of  this  Colony,  as  well  as  the 
Property  of  many  of  its  Inhabitants,  may  be  passed  into  a  Law. 
Whereupon, 

The  ingrossed  Bill,  entitled,  An  Act  for  submitting  the  Property  of 
the  Lands  which  are  held  or  claimed  by  Grants  under  the  great  Seal 
of  this  Colony,  and  are  affected  by  the  Controversy  about  the  Boundary 
or  Partition  Line,  between  this  Colony  and  the  Colony  of  New-Jersey, 
to  such  a  Method  of  Decision  as  his  most  gracious  Majesty  shall  think 
proper  by  his  royal  Commission,  or  othencise,  to  appoint,  and  for 
defraying  the  Expenee  to  accrue  on  the  Part  of  this  Colony,  on  the  final 
Settlement  of  the  said  Line  ;  was  read  the  third  Time. 

Resolved,  That  the  Bill  do  pass. 

*  *  *  * 

— [A7".  Y  Gen.  Assem.  Journal,  ii,  717. 


Boundaries  of  the  State  of  New  York.  7A7 

[Colony  of  New  York.] 
An  ACT  for  submitting  the  Property  of  the  Lands  which  are  held  or 
claimed  by  Grants  under  the  Great  Seal  of  this  Colony,  and  are 
affected  by  the  Controversy  about  the  Boundary  Or  Partition  Line 
between  this  Colony  and  the  Colony  of  New-Jersey,  to  such  a  Method 
of  Decision  as  his  most  Gracious  Majesty  shall  think  proper,  by  his 
Royal  Commission  or  otherwise,  to  appoint,  and  for  defraying  the 
Expence  to  accrue  on  the  Part  of  the  Colony  on  the  final  Settlement 

of  the  said  Line. 

Pass'd  the  11th  of  December,  1762. 

Whereas  the  Boundary  or  Partition  Line,  between  this  Colony  and 
the  neighbouring  Colony  of  New-Jersey,  has  not  hitherto  been  duly 
ascertained,  from  the  Station  on  Hudson's  River,  to  the  Station  on 
Delaware  River ;  And  by  Reason  of  the  unsettled  State  of  the  Limits 
of  the  two  Colonies,  not  only  the  Extent  of  their  respective  Jurisdic- 
tions remain  uncertain,  and  the  due  and  regular  Administration  of 
Government  in  both  Colonies  is  by  that  Means  greatly  impeded ;  but 
also  frequent  and  dangerous  Riots  have  been  occasioned,  and  are  still 
likely  to  arise  between  the  Borderers,  as  well  concerning  the  Extent  of 
the  respective  Jurisdictions  as  the  Property  of  the  Soil,  to  the  great 
Disturbance  of  the  publick  Peace,  and  the  manifest  Discouragement  of 
his  Majesty's  good  Subjects  in  the  Settlement  and  Improvement  of  that 
Part  of  the  Country.  And  altho'  on  the  Part  of  this  Colony  it  is 
insisted  on  by  many,  that  a  very  great  Part  of  the  Lands  contended  for 
by  this  Colony  do  still  vest  in  his  most  gracious  Majesty;  yet  as  the 
Residue  of  the  said  Lands  are  held  or  claimed  as  private  Property  by 
divers  of  his  Majesty's  Subjects,  in  Virtue  of  Grants  issued  under  the 
Great  Seal  of  this  Colony :  To  the  intent  therefore  that  the  said  Contro- 
versy, as  far  as  it  concerns  the  latter,  may,  together  with  the  Boundary 
or  Partition  Line  between  the  two  Colonies,  be  finally  settled  and 
determined. 

I,  Be  it  enacted  by  his  Excellency  the  Governor,  the  Council,  and  the 
General  Assembly,  and  it  is  hereby  Enacted  by  the  Authority  of  the  same, 
That  all  and  singular  the  Messuages,  Lands,  Tenements,  and  Heredita- 
ments, and  all  Right,  Title,  Interest  and  Property  in  and  to  the  same, 
which  are  held  or  claimed  by  any  of  his  Majesty's  Subjects,  by  virtue 
of  any  Grant  or  Grants  under  the  Great  Seal  of  this  Colony,  and  are, 
can,  shall,  or  may  be  in  any  wise  affected  by  the  said  Controversy  con- 
cerning the  Boundary,  or  Partition  Line  between  this  Colony  and  the 
Colony  of  New-Jersey,  are  hereby  fully  and  absolutely,  to  all  Intents, 
Constructions,  and  Purposes  in  the  Law  whatsoever,  submitted  and 
made  subject  to  the  same  Method  of  Decision  as  his  most  Gracious 
Majesty  shall  think  proper,  by  his  Royal  Commission  or  otherwise,  to 


748  Copies  of  Documents  Rebating  to  the 

institute  and  appoint  for  the  final  Settlement  and  Determination  of  the 
Boundaiy  or  Partition  Line  between  the  said  two  Colonies.  And  that 
all  and  every  Determination  and  Determinations  to  be  made  by  any 
Person  or  Persons  whatsoever,  by  Authority  derived  from  his  most 
Gracious  Majesty,  by  his  Royal  Commission  or  otherwise,  that  shall  in 
any  wise  concern  the  said  Line,  on  the  Controversy  that  has  hitherto 
subsisted  relating  to  the  same,  and  whereby  the  Right,  Title,  Interest, 
and  Property  of  the  said  Messuages,  Lands,  Tenements  and  Heredita- 
ments, so  held  or  claimed  by  such  Grants  as  aforesaid,  or  any  Part  or 
Parcel  thereof,  shall  be  intended  to  be  bound  and  determined;  shall 
fully,  completely,  and  absolutely  bind,  and  for  ever  determine  the  Right, 
Title,  Interest,  and  Property  of  the  said  Messuages,  Lands,  Tenements 
and  Hereditaments,  to  all  Intents,  Constructions,  and  Purposes  in  the 
Law  whatsoever;  any  Law,  Usage,  or  Custom  to  the  contrary  thereof, 
in  any  wise  notwithstanding. 

II.  And  to  the  End  that  sufficient  Provision  may  be  made,  on  the 
Part  of  this  Colony,  for  Payment  of  the  one  equal  Half  Part  of  the  joint 
Expence  to  accrue  on  the  final  Settlement  of  the  said  Controversy,  and 
the  Boundary  Line  between  the  said  Colonies ;  and  also  for  paying  of 
the  particular  Expences  that  shall  or  may  accrue,  on  the  Part  of  this 
Colony,  in  prosecuting  the  said  Controversy  to  a  final  Settlement ;  Be 
it  Enacted  by  the  Authority  aforesaid,  That  John  Cruyer,  Henry  Hol- 
land, Frederick  Philipse,  John  Morine  Scott,  William  Bayard,  and 
Benjamin  Kissam,  Esquires,  or  the  Majority  of  them,  or  the  Majority  of 
the  Survivors  of  them,  are  hereby  nominated  and  appointed  Agents,  to 
manage  the  said  Controversy  on  the  Part  and  Behalf  of  this  Colony. 
And  also,  that  the  said  Managers,  or  the  major  Part  of  them,  and 
the  major  Part  of  the  Survivors  of  them,  shall,  and  are  hereby 
authorized  to  pay,  lay  out,  and  expend,  from  Time  to  Time,  from 
and  out  of  the  public  Monies  in  the  Treasury  of  this  Colony,  all 
such  Sum  and  Sums  of  Money  as  shall,  from  Time  to  Time,  be 
necessary  to  defray,  as  well  the  one  Half  of  the  said  joint  Expence, 
as  the  particular  Expences  aforesaid.  Which  Sum  and  Sums  of 
Money  shall,  from  Time  to  Time,  upon  Application  of  the  said  Mana- 
gers, or  the  major  Part  of  them,  or  the  major  Part  of  the  Survivors  of 
them,  as  Occasion  shall  require,  be  drawn  out  of  the  said  Treasury  by 
Warrant  or  Warrants  of  his  said  Excellency,  or  the  Commander  in 
Chief  of  this  Colony  for  the  Time  being,  by  and  with  the  Advice  of  his 
Majesty's  Council,  in  Favour  of  the  said  Managers,  or  the  major  Part 
of  them,  and  the  major  Part  of  the  Survivors  of  them.  And  also,  that 
the  said  Managers,  and  the  Survivors  of  them,  shall,  from  Time  to  Time, 
account  upon  Oath,  for  and  concerning  the  Execution  of  the  Trust  hereby 
reposed  in  them,  to  his  said  Excellency,  or  the  Commander  in  Chief  for 


Boundaries  of  the  State  of  New  Yore.  749 

the  Time  being,  his  Majesty's  Council,  or  the  General  Assembly  of  this 
Colony,  when  by  them,  or  any  of  them,  they  shall  be  thereunto  required. 
Provided  always,  That  if  his  Excellency  the  Governor,  or  the  Com- 
mander in  Chief  for  the  Time  being,  and  the  Council,  and  General 
Assembly  of  the  said  Colony  of  New-Jersey,  do  not  within  one  year 
next  after  the  Publication  of  this  Act,  pass  an  Act  for  submitting  and 
subjecting  all  the  Messuages,  Lands,  Tenements,  and  Hereditaments, 
and  the  Rights,  Titles,  Interest,  and  Property  thereof,  held  or  claimed 
by  any  of  his  Majesty's  Subjects,  as  being  and  lying  within  the  said 
Colony  of  New-Jersey,  to  the  same  Method  of  Decision,  and  to  be  bound 
and  determined  by  such  Determination  and  Determinations,  as  in  and 
by  this  Act  is  mentioned  and  directed,  concerning  Lands  held  or 
claimed  by  any  of  his  Majesty's  Subjects,  by  Virtue  of  Grants  under 
the  Great  Seal  of  this  Colony;  that  then  and  in  such  Case,  and  immedi- 
ately thenceforth,  this  Act,  and  every  Article,  Matter,  Clause,  and 
Thing  in  the  same  contained,  shall  be  absolutely  null  and  void,  and  of 
no  Effect,  to  all  Intents,  Constructions  and  Purposes  in  the  Law  what- 
soever, as  if  the  same  had  never  been  made  and  passed :  Any  Law, 
Usage,  or  Custom  to  the  contrary  hereof  in  any  wise  notwithstanding. 

— [N.  Y.  Laws,  1691-1773  (Van  Schaack's  Ed.),  p.  421. 


[In  N.  Y.  Council.] 

June  8,  1763. 
*  *  *  * 

His  Excellency  laid  before  the  Board  a  Copy  of  an  Act  passed  on  the 
third  Instant  by  the  Legislature  of  the  Province  of  New  Jersey  enti- 
tled [An  Act  for  submitting  the  Property  of  Lands  which  are  held  or 
claimed  by  any  of  His  Majesty's  Subjects  as  lying  within  this  Colony, 
and  are  affected  by  the  Controversy  about  the  Boundary  or  Partition 
Line  between  this  Colony  and  the  Colony  of  New  York,  to  such  a 
Method  of  Decision  as  His  most  gracious  Majesty  shall  think  proper  by 
his  royal  Commission  or  otherwise  to  appoint.]  By  which  Law,  the 
like  Provision  is  made  with  respect  to  the  determination  of  the  Parti- 
tion line  between  the  two  Provinces,  and  defraying  the  Expence  thereof, 
as  is  made  by  the  Act  passed  in  this  Colony  for  the  like  purpose 

— [N.  Y.  Council  Minutes  (MS.),  xxv,  481. 


750  Copies  or  Documents  Relating  to  the 

[Colony  of  New  Jersey.] 

CHAP.  CCCXCVI. 

An  ACT  for  submitting  the  Property  of  Lands  which  are  held  or  claimed 
by  any  of  His  Majesty^  s  Subjects  as  lying  within  this  Colony,  and 
are  affected  by  the  controversy  about  the  Boundary  or  Partition 
Line  between  ,\X\\%  Colony  and  the  Colony  of  New- York,  to  such  a 
Method  of  Decision  as  His  most  gracious  Majesty  shall  think 
proper  by  his  Royal  Commission  or  otherwise  to  appoint. 

Passed  Feb.  23,  1764. 
Wheueas  The  Boundary  or  Partition  Line  between  this  Colony 
and  the  neighbouring  Colony  of  New  -  York,  has  not  hitherto  been  duly 
ascertained  ;  and,  by  Reason  of  the  unsettled  State  of  the  Limits  of  the 
two  Colonies,  not  only  the  Extent  of  their  respective  Jurisdictions 
remain  uncertain,  and  the  due  and  regular  Administration  of  Govern- 
ment in  both  Colonies  is  by  that  Means  greatly  impeded  ;  but  also 
frequent  and  dangerous  Riots  have  been  occasioned,  and  are  still  likely 
to  arise  between  the  Borderers,  as  well  concerning  the  Extent  of  the 
respective  Jurisdictions,  as  the  Property  of  the  Soil,  to  the  great 
Disturbance  of  the  publick  Peace,  and  the  manifest  Discouragement  of 
his  Majesty's  good  Subjects  in  the  Settlement  and  Improvement  of  that 
Part  of  the  Country  :  And  whereas  the  Governor,  the  Council  and 
General  Assembly  of  the  Province  of  New-York,  did,  at  their  Session 
held  in  December,  in  the  Year  of  our  Lord  One  Thousand  Seven  Hun- 
dred and  Sixty-two,  pass  a  Law  entitled,1  *  *  *  Wherein 
full  and  adequate  Provisions  are  made  on  the  Part  of  that  Province 
for  the  Purpose  of  settling  and  adjusting  the  said  Partition  Line,  and 
putting  an  End  a  Controversy  dangerous  to  the  Peace  of  both  Colonies  : 
And  whereas  the  Property  of  all  the  Lands  within  this  Colony  are 
held  or  claimed  by  some  or  other  of  His  Majesty's  Subjects,  in  con- 
sequence of  divers  Grants  and  mesn  Conveyances  from  and  under  his 
Royal  Highness  James  Duke  of  York,  (afterwards  King  James  the 
Second)  the  original  Proprietor  thereof  :  To  the  Intent,  therefore, 
that  the  salutary  Work  so  well  begun  on  the  Part  of  the  Colony  of 
New  •  York  might  have  a  happy  issue,  the  Legislature  of  this  Colony 
did,  at  their  Session  in  June  last,  pass  a  Law,  entitled,      *         *  * 

[same  title  as  that  of  this  Act]  but  there  arising  some  Difficulties  at 
the  Plantation  Office  about  one  of  the  Agents  therein  appointed,  and 
another  of  them  being  since  deceased,  it  is  thought  most  expedient  to 
annul  the  said  Law,  and  by  a  new  one  to  appoint  other  Agents  ;  which 
said  Law,  and   every  Part  thereof,  is  hereb)1-  declared  null  and  void  to 

'For  said  title,  see  page,  747  ante. — [P. 


Boundaries  of  the  State  of  New  Your.  751 

all  Intents  and  Purposes  :  But  that  the  said  Controversy,  as  far  as  it 
concerns  the  Property  of  the  Lands  held  and  claimed  by  any  of  His 
Majesty's  Subjects,  as  lying  and  being  within  this  Colony,  may, 
together  with  the  Boundary  or  Partition  Line  between  the  two 
Colonies,  be  finally  settled  and  determined  ; 

Sect.  1.  Be  it  enacted        *  *  *        That   all   and  singular 

the  Messuages,  Lands,  Tenements  and  Hereditaments,  and  all  Right, 
Title,  Interest  and  Property,  in  and  to  the  same,  which  are  held  or 
claimed  by  any  of  His  Majesty's  Subjects,  as  lying  and  being  within 
this  Colony,  and  are,  can,  shall  or  may  be  in  anywise  affected  by  the 
said  Controversy,  concerning  the  Boundary  or  Partition  Line  between 
this  Colony  and  the  Colony  of  New -York,  are  hereby  fully  and  abso- 
lutely, to  all  Intents,  Constructions  and  Purposes  in  the  Law  what- 
soever, submitted  and  made  subject  to  the  same  Method  of  Decision  as 
His  most  gracious  Majesty  shall  think  proper  by  his  Royal  Commission 
or  otherwise  to  institute  and  appoint,  for  the  final  Settlement  and 
Determination  of  the  Boundary  or  Partition  Line  between  the  said  two 
Colonies:  And  that  all  and  every  Determination  and  Determinations,  to 
be  made  by  any  Person  or  Persons  whatsoever,  by  Authority  derived 
from  His  most  gracious  Majesty,  by  his  Royal  Commission  or  otherwise, 
that  shall  in  anywise  concern  the  said  Line,  or  the  Controversy  that  has 
hitherto  subsisted  relating  to  the  same,  and  whereby  the  Right,  Title, 
Interest  and  Property  of  the  said  Messuages,  Lands,  Tenements  and 
Hereditaments  so  held  and  claimed  as  aforesaid,  as  lying  and  being 
within  this  Colony,  or  any  Part  or  Parcel  thereof,  shall  be  intended  to 
be  bound  and  determined,  shall  fully,  completely,  and  absolutely  bind, 
and  for-ever  detercnine  the  Right,  Title,  Interest  and  Property  of  the 
said  Messuages,  Lands,  Tenements  and  Hereditaments,  to  all  Intents 
Constructions  and  Purposes  in  the  Law  whatsoever;  any  Law,  Usage, 
or  Custom  to  the  contrary  thereof  in  anj  wise  notwithstanding. 

2.  AND,  to  the  End  that  sufficient  Provision  may  be  made  on  the 
Part  of  this  Colony,  for  Payment  of  the  one  equal  Half  Part  of  the 
joint  Expence  to  accrue  on  the  final  Settlement  of  the  said  Controversy 
and  the  boundary  Line  between  the  said  Colonies;  and  also  for  pay- 
ing of  the  particular  Expences  that  shall  or  may  accrue  on  the  Part 
of  this  Colony  in  prosecuting  the  said  Controversy  to  a  final  Settle- 
ment ;  Be  it  Enacted  by  the  Authority  aforesaid,  That  John  Stevens, 
James  Parker,  Henry  Cuyler,  junior,  William  Donaldson  and  Walter 
Rutherford,  Esquires,  or  the  Majority  of  them,  or  the  Majority  of  the 
Survivors  of  them,  are  hereby  nominated  and  appointed  Agents,  to 
manage  the  said  Controversy,  on  the  Part  and  Behalf  of  this  Colony  ; 
•  and  also,  that  the  said  Agents,  or  the  major  Part  of  them,  and  the 
major  Part  of  the  Survivors  of  them,  shall  and  are  hereby  authorized 


752  Copies  of  Documents  Relating  to  the 

to  pay,  lay  out  and  expend,  from  Time  to  Time,  from  and  out  of  the 
publick  monies  in  the  Treasury  of  this  Colony,  all  such  Sum  and  Sums 
of  Money  as  shall  from  Time  to  Time  be  necessary  to  defray,  as  well 
the  one  Half  of  the  said  joint  Expence,  as  the  particular  Expences 
aforesaid  ;  which  Sum  and  Sums  of  Money  shall,  from  Time  to  Time, 
upon  Application  of  the  said  Agents,  or  the  major  Part  of  them,  or  the 
major  Part  of  the  Survivors  of  them,  as  Occasion  shall  require,  be 
drawn  out  of  the  said  Treasury  by  Warrant  or  Warrants  of  His  said 
Excellency,  or  the  Commander  in  Chief  of  this  Colony  for  the  Time 
being,  by  and  with  the  Advice  of  His  Majesty's  Council,  in  Favour  of 
the  said  Agents,  or  the  major  Part  of  them,  and  the  major  Part  of  the 
Survivors  of  them;  and  also,  that  the  said  Agents,  and  the  Survivors 
of  them,  shall,  from  Time  to  Time  account  upon  Oath,  for  and  concern- 
ing the  Execution  of  the  Trust  hereby  reposed  in  them,  to  his  said 
Excellency,  or  the  Commander  in  Chief  for  the  Time  being,  His 
Majesty's  Council,  or  the  General  Assembly  of  this  Colony,  when  by 
them,  or  any  of  them,  they  shall  be  thereunto  required. 

— [N.  J.  Laws  (Allinson's  Compilation),  p.  263. 


After  an  interval  of  more  than  three  and  a  half  years,  the  proposed 
Commission  for  the  arbitration  of  the  boundary  matters  in  dispute 
between  the  tw©  colonies  was  appointed  by  the  Crown,  as  appears 
from  the  following  document: 

[Commission.] 

[October  7,  1767.] 

George  the  Third  by  the  Grace  of  God  of  Great  Britain  ffrance 
and  Ireland  King  Defender  of  the  ffaith  and  so  forth  To  our  Trusty  and 
welbeloved  John  Temple  Esquire  Surveyor  General  of  the  Customs  for 
the  Northern  District  of  America  Peter  Randolph  Esquire  Surveyor 
General  of  the  Customs  for  the  Southern  District  of  America  Charles 
Stewart  Esquire  Surveyor  General  of  the  Customs  for  the  District  of 
Quebec  Andrew  Elliot  Esquire  Receiver  General  of  our  Quit  Rents  in 
the  Province  of  New  York  Chambers  Russell  Esquire  Judge  of  the 
Court  of  Vice  Admiralty  for  the  Province  of  the  Massachusets  Bay 
William  Allen  Esquire  Chief  Justice  of  the  Province  of  Pennsylvania 
Samuel  Holland  Esquire  Surveyor  General  of  Lands  for  the  Northern 
District  of  America  William  De  Brahm  Esquire  Surveyor  General  for 
the  Southern  District  of  America,  Andrew  Oliver  Esquire  Secretary  of 
the  Province  of  the  Massachusets  Bay  Charles  Morris  Esquire  Sur- 
veyor of  Lands  and  one  of  the  Council  of  the  Province  of  Nova  Scotia 
Payton  Randolph  Esquire  Attorney  General  and  one  of  the  Council  of 


Boundaries  of  the  State  of  New  York.  753 

Virginia  Benjamin  ffranklin  Esquire  of  the  Province  of  Pensylvania, 
and  Jured  Ingersoll  Esquire  of  the  Colony  of  Connecticut  Greeting. 
Whereas  the  Boundary  or  Partition  Line  between  Our  Colonies  of  New- 
York  and  Nova  Csesarea.or  New  Jersey  from  the  Station  on  Hudsons 
River  to  the  Station  on  Delaware  River  hath  not  hitherto  been  duly 
ascertained  *  *  And  Whereas  our  said  Colonies  of  New  York  and 
New  Jersey  have  by  Acts  passed  in  their  respective  General  Assemblies 
concurred  in  Submitting  the  Property  of  Lands  in  both  Colonies  to 
such  a  Method  of  Decision  as  to  us  by  Our  Royal  Commission  or  other- 
wise should  seem  meet,  *  *  of  which  Acts  of  Asembly  laid  before 
Us  in  our  Council  We  have  been  graciously  pleased  to  Declare  our 
Royal  Approbation,  Know  Ye  therefore  that  we  *  *  do  by  these 
Presents  Nominate  Authorize  and  Appoint  you  the  said  John  Temple 
Peter  Randolph  Charles  Stewart  Andrew  Elliot  Chambers  Russell 
William  Allen  Samuel  Holland  William  De  Brahm  Andrew  Oliver 
Charles  Morris  Payton  Randolph  Benjamin  ffranklin  and  Jared  Inger- 
soll or  any  ffive  or  more  of  you  to  be  our  Commissioners  for  ascertain- 
ing settling  adjusting  and  Determining  the  Boundary  aforesaid  between 
our  said  two  Colonies  of  New  York  and  New  Jersey  in  such  manner  as 
from  sufficient  Evidence  produced  to  you  shall  appear  Just  and  Equit- 
able Our  Will  and  pleasure  therefore  is  that  after  Notice  shall  be  given 
to  you  or  each  of  you  or  left  at  your  respective  Places  of  abode  by  any 
two  of  the  Agents  named  on  the  part  of  the  Colony  of  New  York  and 
any  two  of  the  Agents  named  on  the  part  of  New  Jersey  jointly 
(not  separately)  for  managing  the  said  Controversy  of  this  Our  Royal 
Commission  to  you  directed  and  of  the  Day  by  the  said  Agents  jointly 
Assigned  and  appointed  for  holding  the  ffirst  meeting  at  our  City  of 
New  York  within  Our  said  Colony  being  most  Conveniently  Situated 
for  that  purpose  *  *  you  do  repair  to.  our  said  City  on  the  Day  so 
appointed  and  there  hold  your  ffirst  meeting  *  *  And  we  do  direct 
that  at  the  first  meeting  at  which  five  of  you  shall  be  present  you  do 
make  Choice  of  one  or  more  Clerk  or  Clerks  to  enter  your  Minutes  and 
proceedings  and  also  make  Choice  of  one  or  more  Skilfull  Persons  as 
Surveyors  to  make  and  prepare  Drafts  and  plans  of  the  Country  or 
Boundaries  as  from  time  to  time  there  shall  be  occasion  and  to  discover 
Survey  and  mark  out  such  River  or  Rivers  Branch  or  Branches  thereof 
Latitude  Lines  or  Stations  as  you  shall  think  necessary  *  *  And  our 
further  Will  and  pleasure  is  that  in  Case  either  of  our  said  Colonies 
shall  neglect  to  send  to  you  our  said  Commissioners  at  your  ffirst  or 
second  Meeting  when  five  of  you  shall  be  present  a  plain  and  full  State 
in  Writing  signed  by  Two  or  more  of  the  Agents  named  on  each  side 
as  aforesaid  of  the  Demand  or  pretensions  of  our  said  Colonies  respect- 
ively describing  where  and  in  what  place  the  Boundaries  in  Question 
48 


754  Copies  of  Documents  Relating  to  the 

do  begin  or  terminate  *  *  and  to  what  other  Station  or  Stations  the 
said  Boundaries  ought  to  run  *  *  that  then  in  each  or  either  of 
these  Cases  you  our  said  Commissioners  or  any  five  of  you  do  proceed 
Exparte  in  the  Execution  of  this  our  Commission  *  *  And  our  fur- 
ther Will  and  pleasure  is  that  when  you  shall  have  made  your  final 
Determination  *  *  the  said  Colonies  or  either  of  them  who  shall 
think  themselves  aggrieved  may  by  Two  of  their  Agents  as  aforesaid 
Enter  their  Appeal  to  us  in  Our  privy  Council  with  a  Declaration  what 
parts  of  the  Determination  made  by  you  they  respectively  abide  by  or 
Appeal  from  But  if  either  of  our  said  Colonies  shall  not  Enter  their 
respective  Appeals  against  such  Determination  at  such  last  Meeting  our 
Will  is  that  then  no  Appeal  shall  be  afterwards  received  or  admitted 
and  in  Case  neither  of  our  said  Colonies  shall  then  Enter  any  Appeal 
the  Determination  of  you  (being  Confirmed  by  us  in  Council)  shall  be 
final  and  Conclusive  to  both  our  said  Colonies  *  *  And  Lastly  Our 
Will  is  tlrat  the  Charge  of  this  Commission  and  of  carrying  it  into 
Execution  and  of  you  our  Commissioners  your  Clerks  Surveyors  and 
Officers  be  born  and  paid  in  equal  Moieties  by  each  of  Our  said 
Colonies  as  in  the  aforementioned  Acts  of  their  respective  General 
Assemblies  is  stipulated  to  be  done  and  performed  In  Witness 
whereof  we  have  Caused  these  our  Letters  to  be  made  Patent  Witness 
Ourself  at  Westminster  the  Seventh  day  of  October  in  the  Seventh 
Year  of  Our  Reign  — By  Writ  of  Privy  Seal 

YOKKE    &    YOKKB 

— \N.  Y.  Commissions  (MS.),  iv,  H3. 


[Colony  of  New  Yokk.] 
CHAP.  MCCCLIII. 

An  A  CT to  remove  Doubts  and  Scruples,  concerning  an  Act,  entitled, 

An  Act  for  submitting  the  Property  of  the  Lands,  tohich  are  held  or 

claimed  by    Grants  under  the  Great  Seal  of  this    Colony,  and  are 

affected  by  the  Controversy  about  the  Boundary,  or  Partition  Line, 

between  this  Colony,  and  the  Colony  of  New-Jersey,  to  such  a  Method 

of  Decision,  as  his  most  gracious  Majesty  shall  think  proper,  by  his 

Royal  Commission,  or  otherwise  to  appoint,  and  for  defraying  the 

Expence  to  accrue  on  the  Part  of  this  Colony,  on  the  final  Settlement  oj 

the  said  Line. 

Pass'd  the  6th  February,  1768. 

WHEREAS  by  a  certain  Proviso  in  the  said  Act  contained,  it  was 
and  is  declared,  That  if  his  Excellency  the  Governor,  or  the  Commander 
in  Chief,  for  the  Time  being,  the  Council,  and  the  General  Assembly  of 
the  said  Colony  of  New-Jersey,  should  not,  and  did  not,  within  one  Year 


Boundaries  of  the  State  of  New  York.  755 

next  after  the  Publication  of  the  said  Act,  pass  an  Act  for  submitting 
and  subjecting  all  the  Messuages,  Lands,  Tenements,  and  Hereditaments, 
and  the  Rights,  Titles,  Interests  and  Property  thereof,  held  or  claimed 
by  any  of  his  Majesty's  Subjects,  as  being  and  lying  within  the  said 
Colony  of  New-Jersey,  to  the  same  Method  of  Decision,  and  to  be  bound 
by  such  Determination  and  Determinations,  as  in  and  by  the  said  Act  of 
the  Governor,  Council,  and  General  Assembly  of  this  Colony,  is  men- 
tioned and  directed,  concerning  Lands  held  or  claimed  by  any  of  his 
Majesty's  Subjects,  by  Virtue  of  Grants  under  the  Great  Seal  of  this 
Colony;  that  then,  and  in  such  Case,  immediately  thenceforth  the  said 
last  mentioned  Act,  and  every  Article,  Matter,  Clause,  and  Thing,  in 
the  same  contained,  should  be  absolutely  null  and  void,  and  of  no  Effect, 
to  all  Intents,  Constructions  and  Purposes  in  the  Law  whatsoever,  as  if 
the  same  had  never  been  made  and  passed:  Any  Law,  Usage  or  Custom 
to  the  contrary  thereof,  in  any  wise  notwithstanding;  which  last  men- 
tioned Act  was  made  and  passed  the  eleventh  Day  of  December  [1762], 
in  the  third  Year  of  his  present  Majesty's  Reign. 

And  whereas  altho'  an  Act  of  the  Legislature  of  the  said  Colony 
of  New-Jersey  was  made  and  passed  for  the  Purposes  mentioned  in  the 
said  Proviso  of  the  said  Act  of  the  Governor,  Council  and  General 
Assembly  of  this  Colony,  within  the  Time  limited  in  the  said  Proviso; 
yet  the  said  Act  of  the  Legislature  of  the  Colony  of  New-Jersey,  did 
not  receive  his  Majesty's  Royal  Assent,  and  thereupon  after  the  Expira- 
tion of  the  said  last  mentioned  Act,  and  after  the  Expiration  of  a  Year 
in  the  said  Proviso  mentioned,  another  Act  of  the  Legislature  of  the 
said  Colony  of  New-Jersey  was  made  and  passed  for  the  Purposes  in 
the  said  first  mentioned  Act  of  the  Legislature  of  New-Jersey  men- 
tioned: Whereupon  certain  Doubts  and  Scruples  have  arose  concerning 
the  Operation  of  the  said  Act  of  the  Governor,  Council,  and  General 
Assembly  of  this  Colony:  Therefore,   in  order   to    remove   the  same  ; 

I.  Be  it  enacted  by  his  Excellency  the  Governor,  the  Council,  and  the 
General  Assem  bly,  and  it  is  hereby  Enacted  by  the  Authority  of  the 
same,  That  the  said  Act  of  the  Governor,  Council,  and  General  Assem- 
bly, of  this  Colony,  and  all,  and  every  Article,  Clause,  Matter  and  Thing, 
in  the  same  contained,  except  the  said  Proviso,  is,  and  shall  be,  and  is 
hereby  declared  to  be  in  full  Force,  Power  and  Virtue,  from  the  Day  of 
the  making  and  passing  the  same,  to  this  Day;  and  shall  so  be,  con- 
tinue and  enure,  from  henceforth  for  ever,  to  all  Intents,  Constructions, 
and  Purposes  in  the  Law  whatsoever,  as  if  the  same  Proviso  had  never 
been,inserted  therein,  any  Clause,  Matter  or  Thing  whatsoever  in  the 
said  Proviso,  or  any  Part  thereof,  in  any  wise  notwithstanding. 

— [N  T.  Laws,  1691-1773  (Van  Schaack's  ed.),  p.  512. 


756  Copies  of  Documents  Relating  to  the 

Proceedings  oe  the  Royal  Commission. 

The  sessions  of  the  Commission  were  held  at  the  room  usually 
occupied  by  the  Chamber  of  Commerce  in  the  Exchange  at  the  foot 
of  Broad  street  in  the  city  of  New  York,  beginning  on  the  18th  of 
July,  1769, — nearly  two  years  after  the  Commission  was  appointed, — 
and  continuing  until  the  final  determination  was  given,  on  7th  of 
October  following.  Of  the  thirteen  commissioners  appointed,  any 
five  of  whom  were  authorized  to  adjudicate  the  case,  seven  were  in 
attendance,  to  wit:  Messrs.  Stewart,  Morris,  Elliot,  Holland,  Oliver, 
Peyton  Randolph  and  Ingersoll.  John  Jay,  then  just  admitted  to 
the  bar,  was  Clerk  of  the  Commission. 

Additional  particulars  of  interest  relative  to  the  commissioners  and 
their  proceedings,  as  narrated  by  Mr.  Wm.  A.  Whitehead,  may  be 
found  on  pages  174-185  of  volume  viii  of  the  N.  J.  Historical  Society 
Proceedings. 

[Statement  by  the  Agents  of  New  York.] 

[July  18,  1769.] 

To  the  Honorable  his  Majesty's  Commissioners  for  settling  the  Par- 
tition Line  between  the  Colonies  of  New  York  &  New  Jersey. 

A  Plain  and  full  state  of  the  Demands  and  Pretensions  of  his 
Majesty's  Colony  of  New  York  against  the  Proprietary  Colony  of 
Nova  Caesaria  or  New  Jersey  (respecting  the  Boundary  Line  to  be 
settled  and  ascertained  between  the  said  two  Colonies)  for  the  Honour- 
able his  Majesty's  Commissioners  appointed  by  Letters  Patent  under 
the  great  Seal  of  Great  Britain  bearing  date  the  seventh  Day  of 
October  in  the  seventh  Year  of  the  reign  of  his  Majesty  King  George 
the  third  for  ascertaining  setling  and  determining  the  Boundary  line 
between  the  said  two  Colonies  prepared  by  us  the  subscribers  nomi- 
nated as  agents  by  Act  of  Assembly  of  the  Colony  of  New  York 
and  to  be  exhibited  to  the  said  Commissioners  at  their  first  Meeting 
appointed  as  in  and  by  the  said  Commission  is  directed  to  be  held  at 
the  City  of  New  York  on  the  eighteenth  Day  of  July  in  the  Year  of 
our  Lord  one  thousand  seven  hundred  and  sixty  nine,  viz' 

1!'  His  late  Majesty  King  Charles  the  second  being  in  right  of  his 
crown  of  England  seized  of  the  sovereignty  Seignory  and  property  of 
the  Southwestern  Coast  of  North  America  from  the  Southwest  Cape 
of  Delaware  Bay  commonly  called  Cape  Hinlopen  as  far  as  and  includ- 
ing Connecticut  River  and  the  lands  extending  back  from  the  said 
Coast  into  the  Country  as  far  back  as  to  the  respective  first  spring 


Boundaries  of  ihe  State  of  New  York.  757 

Heads  or  Sources  of  Delaware  River  Hudson's  River  and  Connecticut 
River  except  such  parts  thereof  as  may  have  been  granted  by  the 
Crown  if  any  such  had  been  then  granted  did  by  his  Letters  Patent 
under  the  great  Seal  of  England  bearing  date  the  twelfth  day  of 
March  in  the  sixteenth  Year  of  his  reign  166^  give  grant  ratify  and 
confirm  in  fee  simple  unto  his  Brother  James  Duke  of  York  afterwards 
King  James  the  second  of  England  among  other  Tracts  in  the  said 
last  mentioned  Letters  Patent  mentioned  and  described  "All  that 
"  Island  or  Islands  commonly  called  Matawacks  or  Long  Island  situate 
"  and  being  to  the  West  of  Cape  Cod  and  the  Narrow  Hygansets  and 
"  butting  upon  the  main  Land  between  the  two  Rivers  there  called  and 
known  by  the  names  of  Connecticut  and  Hudson's  River*  Together  also 
with  the  said  River  called  Hudsons  River  and  all  the  Lands  from  the 
west  side  of  Connecticut  River  to  the  East  side  of  Delate  are  Bay 

2d.'?  The  said  James  Duke  of  York  thus  seized  of  the  premisses  granted 
by  the  said  Letters  Patent  of  King  Charles  the  second  by  Lease  and 
Release  dated  the  twenty  third  and  twenty  fourth  Days  of  June  in  the 
sixteenth  Year  of  the  reign  of  King  Charles  the  second  did  grant  in 
fee  to  John  Lord  Berkley  Baron  of  Stratton  and  to  Sir  George  Carteret 
of  Saltrumas  Tenants  in  common  in  equal  Moieties  "All  that  Tract  of 
"  Land  adjacent  to  New  England  and  lying  and  being  to  the  Westward 
'  of  Long  Island  and  Manhattensf  Island  and  bounded  on  the  East  part 
"  by  the  main  Sea  and  part  by  Hudsons  River  and  hath  upon  the  West 
"  Delaware  Bay  or  River  and  extending  Southward  to  the  Main  Ocean 
"  as  far  as  Cape  May  at  the  Mouth  of  Delaware  Bay  and  to  the  North- 
"  ward  as  far  as  the  Northermost  Branch  of  the  said  Bay  or  River 
"  which  is  in  forty  one  Degrees  and  forty  minutes  of  Latitude  and 
"  crosseth  over  thence  in  a  Straight  line  to  Hudsons  River  in  forty  one 
"  Degrees  of  Latitude  " 

3l?  The  Dutch  who  it  is  well  known  were  at  the  time  of  the  grant  of 
the  said  Letters  Patent  and  Lease  and  Release  in  possession  of  that 
part  of  the  Territories  thereby  granted  to  which  the  line  in  controversy 
can  have  any  relation  surrendered  the  same  on  the  twenty  seventh  of 
August  1664  to  Coll.  Nichols  appointed  the  Dukes  Governor  of  his 
Teritoris  in  America  which  Teritories  were  confirmed  to  the  Crown 
of  England  by  the  third  Article  of  the  Treaty  of  Breda  in  1667  and 
afterwards  in  1673  in  the  war  between  England  and  the  United 
provinces  were  repossessed  by  the  Dutch  and  were  finally  surrendered 
&  Confirmed  to  the  Crown  of  England  by  the  Treaty  concluded  with 
the  United   provinces   at  Westminster  the  ninth   of   February   167^ 

*Note,  the  scored  Words  are  the  only  Part  of  the  Bounds  of  this  Patent  which 
affect  the  Boundary. 

f  The  Island  on  which  the  City  of  New  York  is  built. 


758  Copies  of  Documents  Relating  to  the 

Therefore  the  said  James  Duke  of  York  to  remove  all  Doubts  (concern- 
ing the  Operations  of  the  aforesaid  Letters  Patent  from  King  Charles 
the  second  to  him)  that  might  arise  from  the  aforesaid  possession  of 
the  Dutch  and  their  aforesaid  surrender  to  the  Crown  of  England  by 
the  Treaty  of  Westminster  obtained  other  Letters  Patent  under  the 
great  Seal  of  England  bearing  Date  the  twenty  ninth  Day  of  June  in 
the  twenty  sixth  Year  of  his  Majesty's  reign  anno  1674  whereby 
Charles  the  second  grants  to  him  in  totidem  verbis  as  in  the  aforesaid 
Letters  Patent  of  the  twelfth  of  March  in  the  sixteenth  Year  of  his 
reign  — 

4!^  On  the  twenty  eighth  and  twenty  ninth  Days  of  July  1674  (John 
Lord  Berkley  being  then  dead)  Sir  George  Carteret  to  remove  the  like 
doubts  as  to  his  Interests  under  the  above  montioned  Lease  and  Release 
from  the  Duke  of  York  to  the  said  Lord  Berkley  and  Sir  George 
Carteret  and  to  vest  himself  with  the  greatest  part  of  New  Jersey 
procured  a  Lease  &  Release  of  the  last  mentioned  dates  to  be  executed 
by  the  Duke  of  York  to  him  for  parcel  of  the  Lands  granted  by  the 
said  first  mentioned  Lease  and  Release  thereby  to  Vest  him  with  the 
said  parcel  in  severalty  in  fee  simple  under  the  following  description 
to  wit  "All  that  Tract  of  Land  adjacent  to  New  England  and  lying  and 
"  being  to  the  Westward  of  Long  Island  and  Manhattens  Island  bounded 
"  on  the  East  part  by  the  Main  Sea  and  part  by  Hudsons  River  and 
"  extends  Southward  as  far  as  a  certain  Creek  called  Barnegat  being 
"  about  the  Middle  between  Sandy  point  and  Cape  May  and  bounded 
"  on  the  west  in  a  Straight  Line  from  the  said  Creek  called  Barnegat 
"  to  a  certain  Creek  in  Delaware  River  next  adjoining  to  and  below  a 
"  certain  Creek  in  Delaware  River  called  Rankokus  Kill  and  from 
thence  up  the  said  Delaware  River  to  the  Northermost  Branch  thereof 
which  is  in  forty  one  Degrees  and  forty  Minutes  of  Latitude  and  on 
the  North  Crosseth  thence  in  a  Straight  line  to  Hudsons  River  in  forty 
one  Degrees  of  Latitude. 

5'.T  James  Duke  of  York  on  the  Demise  of  King  Charles  the  second 
on  the  Sixth  day  of  February  1684  succeeded  to  the  Crown  by  the 
Stile  and  Title  of  King  James  the  IK  [of  England  and  V**  of  Scotland.] 

Qthiy  gy  tnjs  Succession  his  Title  as  a  grantee  of  all  the  Lands  which 
remained  (of  those  that  were  granted  to  him  by  the  aforesaid  two 
Letters  Patent  from  King  Charles  the  second  after  the  execution  of 
the  said  two  sets  of  Leases  and  Releases  by  him)  Merged  in  his  Crown 
right  and  from  the  time  of  the  said  succession  he  and  his  Royal  Suc- 
cessors Kings  &  Queens  of  England  and  great  Britain  have  in  right  of 
their  Crown  Stood  seized  of  the  Sovereignty  Seignory  and  property 
of  all  the  said  remaining  Lands  as  parcels  of  the  Colony  of  New  York 
excepting  the  property  of  such  parts  thereof  as  have  been  granted  to 


Boundaries  of  the  State  of  New  York.  759 

divers  Subjects  under  the  great  Seal  of  the  Colony  of  New  York  and 
such  other  parts  thereof  as  have  by  settlement  fallen  within  the  Colony 
of  Connecticut  — 

T™7  Besides  those  Lands  which  (Exclusive  of  what  may  have  passed 
by  the  said  two  sets  of  Leases  and  Releases  and  exclusive  Also  of  the 
said  Lands  fallen  within  the  Colony  of  Connecticut  as  aforesaid)  were 
granted  by  the  said  two  Letters  Patent  of  King  Charles  the  second  to 
the  said  Duke  of  York  The  Colony  of  New  York  has  always  been 
deemed  and  esteemed  to  extend  Northward  without  Limitation  so  as 
to  include  within  its  confines  and  Territories  all  the  Lands  that  are  not 
included  in  either  of  the  Colonies  of  Connecticut  or  Massachusetts  Bay 
or  New  Hampshire  on  the  one  side  or  the  Colonies  of  New  Jersey  or 
Pennsylvania  on  the  other  side.     Therefore 

gthij  j^y  the  Lands  which  are  included  in  the  Colony  of  New  York  as 
herein  is  immediately  above  described  which  have  not  been  granted 
away  to  subjects  by  Letters  patent  under  the  Great  Seal  of  the  said 
Colony  of  New  York  do  now  vest  in  point  of  sovereignty  Seignory  & 
property  in  his  present  Majesty  King  George  the  third 

9^)7  All  the  Lands  which  by  Virtue  of  the  aforesaid  two  sets  of 
Leases  and  Releases  from  James  Duke  of  York  constitute  the  Colony 
of  New  Jersey  do  now  in  point  of  Seignory  and  property  wholly  and 
exclusively  vest  in  the  Heirs  or  assigns  of  the  said  John  Lord  Berkley 
and  Sir  George  Carteret  or  of  one  of  them  the  sovereignty  thereof 
only  being  in  his  present  Majesty  as  by  the  first  distinction  here  after 
mentioned  will  appear;  and 

jQthiy  rpQ  eXpiaj„  what  we  understand  by  the  Terms  Sovereignty 
Seignory  and  property  in  the  8'.h.  &  91.1!  Points  we  observe  that  by  sover- 
eignty we  meaji  the  supream  and  Sole  Government  and  Dominion 
vesting  in  his  Majesty  in  the  right  of  his  Crown  By  seignory  the  right 
to  rents  reserved  Escheats  forfeitures  &t  And  by  property  that  exclu- 
sive right  of  possession  and  use  in  Lands  which  enables  the  Owner  to 
dispose  of  them  as  he  pleases  — 

11*^7  The  Latitude  of  forty  one  Degrees  on  Hudsons  River  was 
undoubtedly  intended  as  a  station  in  the  boundaries  of  the  Two  above- 
mentioned  sets  of  Leases  and  Releases  from  James  Duke  of  York 
(under  one  or  both  of  which  the  Proprietaries  of  New  Jersey  are  sup- 
posed to  claim)  being  by  both  the  said  Leases  and  releases  fixed  as  the 
Stationary  point  of  Boundary  for  Nova  Caessaria  or  New  Jersey  on 
Hudsons  River 

j2";1t  Another  stationary  point  of  Boundary  is  clearly  fixed  by  the 
said  two  sets  of  Leases  and  Releases  on  the  Northermost  Branch  of 
Delaware  River  and  a  streight  Line  from  one  of  the  said  stationary 
points  to  the  other  is  also  expressly  given  by  the  said  two  sets  of 


760  Copies  of  Documents  Relating  to  the 

Leases  &  releases  as  and  for  the  Northern  Boundary  of  New  Jersey 
therefore  — 

13th'7  All  the  Lands  lying  to  the  Northward  of  the  said  Northern 
Boundary  are  clearly  included  within  his  Majesty's  Colony  of  New 
York.     But 

14«iir  The  Course  of  this  Line  or  boundary  is  (as  we  conceive)  the 
Matter  in  Controversy  and  the  subject  Matter  of  his  Majesty's  Royal 
Commission  upon  which  the  following  Question  arises  to  wit  — 

From  what  point  on  Delaware  to  the  Latitude  of  41°  on  Hudsons 
River  was  the  said  Straight  Line  or  Boundary  expressed  in  the 
said  several  Grants  from  the  Duke  of  York  to  the  proprietors  of 
New  Jersey  intended  to  run 

In  order  to  the  proper  determination  of  this  Question  we  conceive  it 
necessary  in  reference  to  the  said  Line  or  Boundary  upon  which  the 
Question  arises  to  take  the  following  Distinctions  in  stating  the  Claim 
and  pretensions  of  the  Colony  of  New  York  against  the  Colony  of 
New  Jersey  to  wit  — 

1  That  tho'  with  respect  to  the  Sovereignty  of  both  Colonies  his 
Majesty's  Interest  stands  Indifferent  in  the  present  controversy  — 

And  tho'  also  his  right  of  Seignory  as  the  Chief  Lord  or  Lord  Para- 
mount to  the  proprietaries  of  New  Jersey  is  equal  as  to  its  Nature  with 
his  Seignory  in  the  Colony  of  New  York  as  to  the  Lands  therein  already 
granted  or  hereafter  to  be  granted  yet  in  point  of  Value  it  is  vastly 
inferior  in  the  Colony  of  New  Jersey  to  what  it  is  and  may  be  in  the 
Colony  of  New  York  a  certain  small  sum  in  gross  being  payable  (as 
appears  by  the  said  two  releases)  as  the  Chief  Rent  for  all  the  Colony 
of  New  Jersey,  whereas  the  Quit  ren.ts  being  reserved  on  each  particu- 
lar patent  in  the  Colony  of  York  are  or  may  be  of  much  greater  Value 
as  they  will  be  increasing  in  Value  in  proportion  to  the  Lands  that  may 
from  time  to  time  be  granted  as  in  the  Colony  of  New  York  besides 
which  the  Government  Seignory  and  property  of  all  the  Duke  of  Yorks 
Territories  having  passed  to  him  by  the  said  two  letters  Patent  of  King 
Charles  the  second  and  the  Government  Seignory  and  property  of  the 
Colony  of  New  Jersey  having  passed  to  the  proprietaries  thereof  by 
the  Dukes  said  Grants  to  the  said  proprietaries  and  they  having  sur- 
rendered to  the  Crown  nothing  more  than  the  Government  of  the  said 
Colony  *  All  Escheats  forfeitures  &B  by  the  under  Tenants  of  Lands  in 
that  Colony  must  enure  to  the  benefit  of  the  proprietaries  in  whom  the 
Seignory  of  the  said  Colony  now  is  whence  it  follows  that  in  point  of 

*  Note  this  Surrender  was  made  to  Queen  Ann  on  the  22?  April  1702  by  William 
Dochwra  in  the  name  and  Behalf  of  the  Proprietors  of  East  New  Jersey  &  by  Sir 
Thomas  Lane  on  the  Part  and  Behalf  of  the  Proprietors  of  West  Jersey  — 


Boundaries  of  the  State  of  New  York.  761 

Seignory  the  Crown  is  interested  on  the  part  of  the  Colony  of  New 
York  against  the  Colony  of  New  Jersey  — 

2*1.'  That  in  Point  of  property  the  Crown  has  not  the  least  Imaginable 
Interest  in  the  Colony  of  New  Jersey  whereas  his  Majesty  is  or  may  be 
in  point  of  property  greatly  interested  on  the  part  of  the  Colony  of 
New  York  in  respect  of  such  Lands  as  remain  ungranted  by  the  Crown 
within  that  Colony  — 

Under  the  Influence  of  those  two  distinctions  and  the  operation  of 
the  above  stated  Train  of  Facts  which  precede  them  we  state  the  Claim 
and  pretentions  of  the  Colony  of  New  York  against  the  Colony  of 
New  Jersey  as  follows  that  is  to  say. 

1*.!  The  Stationary  Point  or  Boundary  on  Hudson's  River  being 
intended  to  be  fixed  by  the  grants  above  mentioned  from  the  Duke 
of  York  to  the  Proprietaries  of  New  Jersey  in  forty  one  Degrees  of 
North  Latitude  We  in  behalf  of  the  Colony  of  New  York  and  in 
respect  of  the  Kings  Seignory  and  property  and  in  Case  it  should  be 
determined  that  etations  were  not  fixed  in  the  Year  of  our  Lord  1686 
so  as  to  bind  all  parties  do  claim  as  a  boundary  between  the  Colony  of 
New  York  and  the  Colony  of  New  Jersey  a  Straight  and  direct  Line 
from  the  Latitude  41!  O'O  on  Hudsons  River  to  the  Head  of  Delaware 
Bay  which  we  assert  to  be  at  Reedy  Island  a  Spot  well  known  and  dis- 
tinguished in  all  the  Accurate  Maps  of  the  Country  and  such  Line  we 
contend  is  the  rear  Line  of  the  Tract  that  was  granted  by  King  Charles 
the  second  to  James  Duke  of  York  because  that  the  words  of  both  of 
the  above  mentioned  Patents  to  the  Duke  of  York  are  "All  the  Land 
"  from  the  West  side  of  Connecticut  River  to  the  East  side  of  Delaware 
Bay  and  therefore  cannot  by  any  possible  construction  admit  of  an 
extent  of  land  beyond  the  Head  of  the  Bay  and  along  the  River 
Delaware  Bay  and  River  being  things  as  Geographically  different  as 
River  and  Ocean  whence  we  insist  that  whatever  may  be  the  boundary 
intended  by  the  several  grants  from  the  Duke  of  York  to  the  Proprie- 
taries of  New  Jersey  ;  Yet  the  Operation  of  those  grants  must  neces- 
sarily be  confined  to  the  bounds  assigned  to  him  by  his  Patents  from 
the  Crown.     But 

21.7.  If  against  the  Letter  of  those  Patents  it  were  possible  to  conceive 
that  all  the  Lands  between  Delaware  Bay  and  River  on  the  one  side 
and  Connecticut  River  on  the  other  up  to  their  respective  Sources 
passed  to  the  Duke  of  York  Yet  we  contend  that  even  in  such  Case 
the  Boundary  in  Construction  of  the  Dukes  several  aforesaid  grants 
to  the  Proprietaries  of  New  Jersey  would  be  a  direct  Line  from  the 
Stationary  Point  on  Hudsons  River  to  the  Spot  or  place  which  is  now 
commonly  called  the  Forks  of  Delaware  or  which  is  the  same  thing 
that  Course  reversed  — 


762  Copies  of  Documents  Relating  to  the  , 

This  construction  we  will  support  first  by  intrinsic  Evidence  in  the 
words  of  those  grants  and  secondly  by  extrinsic  proof  Drawn  from 
Different  Quarters  — 

1*.'  From  the  Words  of  those  grants  tho'  certain  Degrees  of  Latitude 
are  therein  mentioned  as  well  on  Delaware  River  as  on  Hudson's  River 
Yet  the  words  to  Hudson's  River  in  forty  one  Degrees  of  Latitude 
plainly  and  necessarily  import  that  the  Latitude  itself  on  Hudsons 
River  was  to  be  the  Boundary  but  the  words  in  the  same  Grants  that 
respect  the  Boundary  on  Delaware  are  of  quite  different  Frame  they 
are  up  the  said  River  Delaware  in  the  one  as  far  as  and  in  the  other 
to  the  Northermost  Branch  thereof  which  necessarily  import  that  the 
beginning  of  the  Northermost  Branch  of  Delaware  is  the  Boundary 
there  and  that  the  words  which  is  in  forty  one  Degrees  &  forty  Minutes 
(being  relative  Terms  and  plainly  refering  to  which  Northermost  or 
beginning  of  the  Norther  Most  Branch)  are  added  as  descriptive  of  the 
beginning  of  the  Northermost  Branch  or  the  Spot  where  the  Boundary 
was  intended  to  be  ;  and  therefore  the  beginning  of  the  branch  and 
Not  the  Latitude  being  intended  to  be  the  Boundary  and  the  Latitude 
being  only  descriptive  if  such  Latitude  was  mistaken  in  the  description 
and  the  beginning  of  the  then  esteemed  Northermost  Branch  can  be 
shewn  that  and  not  the  True  Latitude  must  be  the  boundary  ;  and 
Therefore 

2lJ.  Our  extrinsic  Proofs  will  be  calculated  to  shew  that  the  begin- 
ning of  the  Northermost  Branch  of  Delaware  in  the  estimation  and 
intention  of  the  Duke  of  York  and  his  grantees  was  at  the  place  now 
called  the  Fork  of  Delaware-  These  extrinsic  proofs  we  shall  intro- 
duce principally  under  the  influence  of  this  observation  to  wit  that 
considering  the  Dates  of  the  grants  from  the  Duke  of  York  to  his 
Grantees  considering  also  that  both  Grantor  and  Grantees  were  in 
England  at  the  time  of  those  Grants  they  must  have  been  framed  Not 
by  actual  observations  &  mensurations  on  the  Spot  but  from  a  View  of 
Maps  which  Maps  must  (considering  the  above  mentioned  possession 
of  the  Country  by  the  Dutch)  have  been  Antient  Dutch  Maps  or  Maps 
compiled  from  them  by  the  English  — 

Having  thus  stated  our  demends  and  pretensions  against  New  Jersey 
as  far  as  respects  the  Seignory  and  property  of  the  Crown  to  consist 
either  in  a  line  running  on  a  Course  from  the  given  Latitude  on 
Hudsons  River  to  the  Forks  of  Delaware  until  such  a  line  Intersects 
the  above  mentioned  line  from  the  Head  of  Connecticut  River  to  the 
Head  of  Delaware  Bay  and  from  the  said  place  of  Intersection  along 
the  last  mentioned  line  to  the  head  of  Delaware  Bay  or  in  a  Straight  line 
from  the  given  Latitude  on  Hudsons  River  to  the  Forks  of  Delaware 
We  proceed  to  state  the  Quantum  of  the  Seignory  and  property  in  the 


Boundaries  of  the  State  of  New  York.  763 

Crown  which  is  affected  by  this  Controversy  and  this  we  shall  do  by 
shewing  that  a  vast  Body  of  Land  lying  upon  either  of  those  supposi- 
tions within  the  Colony  of  New  York  still  remains  vested  in  point  of 
property  in  the  Crown  — 

In  support  of  this  we  insit  and  shall  prove  that  in  the  Year  1686 
East  and  West  Jersies  being  then  distinct  Governments  they  in  Con- 
junction with  the  Government  of  New  York  fixed  and  agreed  on  a 
Station  on  the  west  side  of  Hudsons  River  Due  West  of  Frederick 
Philips's  lower  Mills  which  to  this  Day  are  standing  on  the  east  side 
of  the  said  River  which  Station  was  then  esteemed  to  be  in  the  Lati- 
tude of  forty  one  Degrees  on  Hudsons  River  And  Also  another  Station 
on  Delaware  River  at  certain  Marked  Trees  and  that  a  Straight  line 
from  the  said  Station  so  fixed  on  Hudsons  River  to  the  said  Trees  had 
such  line  been  actually  run  would  have  been  on  a  Course  North  sixty 
two  Degrees  West  according  to  natural  position  and  that  in  reference 
to  those  Stations  and  the  said  necessarily  supposed  line  from  the  one  to 
the  Other  of  them  all  the  Patents  within  this  Colony  that  are  expressly 
or  implicatively  bounded  on  the  line  of  Partition  are  limited  and  as 
far  Southward  as  those  Stations  this  Government  has  uninterruptedly 
exercised  its  Jurisdiction  untill  of  late  Years  a  considerable  Tract  of 
Country  Near  and  about  Minisink  was  by  Violence  on  the  part  of  New 
Jersey  torn  from  the  Jurisdiction  of  the  Colony  of  New  York  — 

These  facts  we  shall  prove  by  a  great  Variety  of  Evidence  extracted 
from  Antient  Maps  public  Records  And  Acts  of  Legislatures  of  both 
Colonies  and  the  Testimony  of  Witnesses  whensoever  the  same  shall 
on  a  reasonable  Day  to  be  fixed  by  the  Commissioners  be  required  — 

Conclusion. 
And  we  beg  Leave  to  name  John  Morin  Scott  &  Benjamin  Kissam  as 
two  of  the  Agents  on  the  part  of  New  York  residing  in  the  City  of 
New  York  on  whom  any  Notice,  Summons  or  Final  Judgment  as  in  the 
Commission  mentioned  may  be  served. 

Signed  John  Cbuger 

Henry  Holland 
Wu.  Bayard 
Jn°  Moein  Scott 
Benj"  Kissam 
New  York,  July  18th  1769 

— [J¥.  Y  Col.  MSS.,  xcv,  120.  (First  leaf  mutilated  and  words  sup- 
plied from  iV  Y.  and  N".  J.  Boundary  Papers,  vol,  iii,  in  N.  Y.  Hist. 
Soc.  Library.) 


764  Copies  of  Documents  Relating  to  the  % 

[Peovince  of  New  Jersey.] 

[September  28,  1769. J 

A  BRIEF  OF  THE  CLAIM, 

On  the  Part  of  the  Province  of  New  Jersey,  and  of  the  Proof  offered 
in  Support  of  it,  before  the  C  OMMISSIONERS  appointed  by  his 
Majesty,  for  settling  the  Boundary  Line,  between  the  said  Province 
of  New- Jersey,  and  the  Province  of  New- York,  from  the  Station 
on  Hudson's  River  to  the  Station  on  Delaware  River  •  with  Observa- 
tions upon,  and  Answers  to,  the  several  Objections,  made  by  the 
Agents  on  the  Part  of  New-  York. 

The  Claim  of  New-Jersey  asserts, 

First,  That  the  States  of  Holland  and  their  Subjects,  in  the  Year, 
1663,  and  long  before,  were  possessed  'of  all  those  Tracts  of  Land,  on 
the  Continent  of  North-America,  now  called  New-York  and  New- 
Jersey,  on  the  East  side  of  Delaware  River,  and  the  Province  of 
Pennsylvania,  or  a  great  Part  thereof;  and  the  three  Lower  Counties 
of  New-  Castle  Kent  and  Sussex,  on  the  West-side  of  the  said  River.' 

In  Support  of  this  Fact,  the  Agents  on  the  Part  of  New-Jersey,  have 
produced  in  Evidence, 

*  *  *  * 

(These  Exhibits,  the  Agents  for  New-Jersey  conceive,  incontestably 
prove  the  Dutch  Possessions  to  have  been  as  stated  in  their  Claim.) 

The  Agents  on  the  Part  of  New-Jersey,  next  set  forth  in  their  Claim, 
and  have  produced  in  Evidence,  a  Grant  from  King  Charles  the  Second 
to  his  Brother  James  Duke  of   York,  by  which  it  appears,  that, 

*  *  *  * 

The  Claim,  after  taking  Notice  of  the  Conquest  of  the  Whole  Tract 
of  Country,  then  called  New  Netherland,  states,  That  it  was  the  Intent 
and  Meaning  of  King  Charles  the  Second,  by  his  said  Letters  Patent, 
to  grant  to  the  Duke  of  York,  all  the  Lands  which  the  Dutch  held  and 
possessed  called  New  Netherland,  at  the  Time  of  the  said  Grant ;  and 
that  the  said  Duke  of  York  took  into  his  Possession,  not  only  all  the 
Lands  lying  between  Connecticut  River  on  the  East,  and  the  Bay  and 
River  of  Delaware  on  the  West,  but  of  the  three  lower  Counties,  and 
such  Parts  of  the  Province  of  Pennsylvania,  as  had  been  in  the 
Possession  of  the  Dutch  on  the  West-side  of  the  said  Bay  and  River 
Delaware;  and  by  himself  his  Governors  and  Agents,  exercised  Acts  of 
Propriety,  and  Powers  of  Government  therein  ;  and  further  sets  forth, 
a  Conveyance  from  the  Duke  of  York,  in  1664,  to  John  Lord  Berkely, 
and  Sir  George  Carteret  of  New  Jersey  ;  in  Proof  of  which,  have  been 
given  in  Evidence 


Boundaries  of  the  State  of  New  Tore.  765 

These  several  Matters  the  Agents  for  New-Jersey,  conceive  abundantly 
prove  the  Assertion  in  their  Claim,  that  King  Charles  the  Second  about 
the  Time  of  granting  the  said  Letters  Patent,  dispossessed  the  Dutch  by 
an  armed  Force,  of  that  whole  Tract  of  Country  then  called  New 
Netherland;  And,  that  notwithstanding  the  Words  in  the  Royal  Grant, 
"  to  the  East  Side  of  Delaware  Bay  ; "  the  Duke  soon  after  took  into 
his  Possession,  agreeable  to  the  true  Intent  and  Meaning  of  the  said 
Grant,  as  is  contended  on  the  Part  of  New-Jersey,  not  only  all  the 
Lands  between  Connecticut  River  and  Delaware  Bay,  and  River,  up  to 
Schenectady,  but  of  the  three  lower  Counties,  and  of  such  Parts  of  the 
Province  of  Pennsylvania  as  had  been  in  the  Possession  of  the  Dutch, 
on  the  West  Side  of  the  said  Bay  and  River  of  Delaware,  and  by  him- 
self, his  Governors  and  Agents,  exercised  Acts  of  Propriety  and  Powers 
of  Government  therein. 

The  Agents  of  New  Jersey  in  their  Claim,  in  the  next  Place  assert, 
"  That  Lord  Berkely  and  Sir  George  Cartei-et,  immediately  took  Posses- 
sion of  the  Province  of  New-Jersey,  and  in  1665  sent  over  Philip 
"  Carteret  their  Governor,  to  settle  and  improve  the  said  Colony  ;  and 
"that  in  or  before  1671,  the  Settlement  under  New-Jersey,  extended 
"  from  the  Sea  Coast  up  along  Hudson's  River,  to  Haverstraw." 

To  prove  this,  they  have  produced, 

*  *  * 

The  Re-conquest  of  the  Country  by  the  Dutch,  in  1673  ;  the  Sur- 
render to  the  English  in  the  Year  following  j  the  second  Grant  of  the 
game  to  the  Duke,  and  the  several  Conveyances  from  the  Duke  to  the 
Proprietors,  are  in  Proof  from  the  following  Exhibits  and  Admissions, 

viz. 

*  *  *  * 

The  New-Jersey  Agents,  have  further  given  in  Evidence, 
18.  A  Quintipartite  deed  of  Partition,  between  the  Proprietors  of 
East  and  West-Jersey,  reciting  the  first  Letters  Patent  from  King  Charles 
the  Second,  to  the  Duke  of  York,  and  the  Conveyance  to  Berkely  and 
Carteret,  and  releasing  the  Eastern  Moiety  of  New-Jersey,  thereafter 
to  be  called  East  New-Jersey,  to  Sir  George  Carteret  ;  and  the  Western 
Moiety  thereof,  thereafter  to  be  called  West  New-Jersey,  to  Edward 
Byllynge,  William  Penn,  Gawen  Lawrie  and  Nicholas  Lucas  :  In  which 
Deed  of  Partition,  East  New-Jersey  is  described  to  extend  along  Hud- 
son's River,  to  that  Part  of  the  said  River,  which  is  in  Forty-one 
Degrees  of  Latitude,  being  the  furthermost  Part  of  the  said  Tract 
of  Land  and  Premises,  which  is  bounded  by  the  said  River  •  and 
crossing  over  from  thence  in  a  straight  Line,  extending  from  that  Part 
of  Hudson's  River  aforesaid,  to  the  Northermost  Branch  or  Part  of 
the  before-mentioned   River,  called  Lelaioare    River,  and  to  the  most 


766  Copies  of  Documents  Relating  to  the 

Northerly  Point,  or  Boundary  of  the  said  Tract  of  Land  and  Premises, 
bo  granted  by  his  Royal  Highness  James  Duke  of  York,  unto  the  said 
Lord  Berkely  and  Sir  George  Carteret. 

*  *  *  * 

The  Duke  of  York,  by  his  Deed,  reciting  among  other  Things,  his 
first  Grant  from  King  Charles  the  Second,  his  Conveyance  to  Berkely 
and  Carteret  ;  King  Charles  Second  Letters  Patent,  the  Quintipartite 
Deed  ;  the  Conveyance  from  John  Earl  of  Bath,  and  others,  to  William 
Penn,  and  eleven  others  ;  and  that  they  each  conveyed  one  Half  of 
their  respective  Parts,  to  twelve  others,  in  Fee,  granted  and  confirmed 
hy  this  Deed,  East  New-Jersey,  to  the  said  twenty-four  Proprietors, 
describing  the  same  to  be  all  that  Easterly  Part,  Share  and  Portion  ; 
and  all  those  Easterly  Parts,  Shares,  and  Portions,  of  the  said  whole  and 
entire  Tract  of  Land  and  Premises,  before  mentioned,  extending  East- 
ward and  Northward,  along  the  Sea  Coast  and  the  said  River,  called 
Hudson's  River,  from  the  East  Side  of  a  certain  Place  or  Harbour, 
lying  on  the  Southerly  Part  of  the  same  Tract  of  Land,  and  commonly 
called  or  known  in  a  Map  of  the  said  Tract  of  Land,  by  the  Name  of 
Little  Egg-Harbour,  to  that  Part  of  the  said  River,  called  Hudson's 
River,  which  is  in  Forty-one  Degrees  of  Latitude,  being  the  further- 
most Part  of  the  said  Tract  of  Land  and  Premises,  which  is  bounded 
by  the  said  River,  and  crossing  over  from  thence  in  a  straight  Line, 
extending  from  that  Part  of  Hudson's  River  aforesaid,  to  the  Norther- 
most  Branch  of  the  aforementioned  River,  called  Delaware  River,  and 
to  the  most  Northerly  Point  or  Boundary  of  the  said  entire  Tract  of 
Land  and  Premises,  now  called  the  North  Partition  Point  y  and  from 
thence,  that  is  to  say,  from  the  North  Partition  Point,  extending  South- 
ward unto  the  most  Southerly  Point,  by  a  straight  and  direct  Line, 
drawn  through  the  said  Tract  of  Land,  from  the  said  North  Partition 
Point,  to  the  said  South  Partition  Point. 

The  Agents  for  New-Jersey  relying  on  these  Proofs,  as  fully  suffi- 
cient to  shew  that  the  Boundary  or  Partition  Line  between  the  Provinces 
of  New  York,  and  New  Jersey,  is  and  ought  to  be  a  straight  Line 
drawn  from  the  Latitude  of  Forty-one  Degrees  on  Hudson's  River,  to  the 
Latitude  of  Forty-one  Degrees  and  Forty  Minutes  on  the  northernmost 
Branch  of  the  River  Delaware  ;  they  will  next  proceed  to  state  the 
Evidence  they  have  offered  to  the  Commissioners  in  support  of  what 
they  have  advanced  in  the  latter  Part  of  the  State  of  their  Claim,  viz. 
That  the  Claim  now  made  by  the  Province  of  New-Jersey,  was  not 
only  undisputed,  but  universally  agreed  to  and  acknowledged  for  the 
Course  of  at  least  Ninety  Years  after  the  first  Grant  thereof,  made  by 
the  Duke  of  York, 


Boundaries  of  the  State  of  New  Tore.  767 

And  did  show, 

1.  A  Minute  of  Council  of  New  York,  [June  30,  1686],  by  which  it 
appears  that  the  Governors  of  New- York,  and  East  and  West-Jersey, 
agreed  to  run  the  Lines  between  the  three  Governments,  and  that  the 
most  Northerly  Branch  of  Delaware  River,  according  to  the  Patent, 
should  first  be  agreed  upon  and  fixed,  that  the  first  of  September  then 
next,  was  appointed  for  the  Surveyors  to  meet  at  the  Falls  of  Delawa?e, 
and  the  most  northerly  Branch  of  Delaware  River,  if  any  Controversy 
arise  about  it,  was  to  be  determined  by  two  of  the  three  Surveyors, 
George  Keith,  Andrew  Robinson  and  Philip  Wells ;  and  that  which 
should  be  concluded  by  two  of  the  said  Surveyors,  to  be  the  Limits  of 
the  three  Governments,  to  be  so  deemed  and  reputed. 

2.  Minutes  of  Council,  of  New- York,  [Sept.  1,  1686],  by  which  it 
appears,  that  Philip  Wells,  the  Surveyor  General  of  the  Province  of 
New-York,  was  directed  by  the  Governor  and  Council  of  New- York — 
"  carefully  and  with  Exactness  to  run  the  Line  between  this  Prov.ince 
"  and  that  of  East-Jersey,  beginning  in  the  Latitude  of  Forty-one 
"  Degrees  and  Forty  Minutes  upon  Delaware  River." 

Nothing  final  being  done  in  Pursuance  of  this  agreement. 

3.  An  Act  of  Assembly  passed  in  New-York  [Dec.  23,  1717]  making 
provision  for  running  the  Line  between  the  Provinces  of  New-York 
and  New-Jersey,  and  declaring  that  such  Line  when  run  should  be 
deemed  the  Partition  Line  for  ever. 

Apprehensive  that  Objections  would  be  made  against  this  Act  on  the 
Part  of  New-York,  the  Agents  for  New-Jersey,  thought  proper  here, 
to  open  and  set  that  Transaction  in  its  true  Light,  which  they  did  by 
the  four  next  following  Exhibits. 

*  *  *  * 
The  Agents  for  New-Jersey  have  further  given  in  Evidence, 

8.  An  Act  passed  in  New-Jersey,  for  settling  and  running  the  Parti- 
tion Line  between  that  Province  and  the  Province  of  New-York.1 

9.  A  Commission  under  the  Great  Seal  of  the  Province  of  New- 
York,  [May  1,  1719],  appointing  Robert  Walter  and  Isaac  Hicks,  Com- 
missioners, and  Allane  Jarrett,  Surveyor,  on  the  Part  of  New- York, 

*  *  *  * 

10.  A  like  Commission  [March  31,  1719]  under  the  Great  Seal  of 
the  Province  of  New  Jersey  *  *  *  * 

11.  A  Tripartite  Indenture     *  *     [July  25,  1719], 

12.  A  petition  of  Allane  Jarratt     *  *     [Sept.  24,  1719]. 

Here  the  Agents  for  New-Jersey,  rested  their  Proofs,  conceiving  they 
have  fully  supported  their  Claim,  and  shewn  that  a  Line  from  the  Latitude 

1  The  date  of  this  Act  is  given  in  the  margin  of  the  "Brief"  and  in  certain  other 
documents,  as  "  1717; "  but  the  Act  seems  to  be  really  that  of  March  27,  1719. — [P. 


768  Copies  of  Documents  Relating  to  the 

of  Forty-one  Degrees  on  Hudson's  River,  to  the  Latitude  of  Forty-one 
Degrees  and  Forty  Minutes  on  the  Northernmost  Branch  of  Delaware 
River,  is  the  true  Boundary  and  Partition  Line  between  the  two 
Provinces  ;  and  as  such,  has  been  acknowledged,  and  universally  agreed 
to  by  both  Provinces  for  a  long  Course  of  Years. 

In  Opposition  to  the  foregoing  Claim  and  Proofs,  The  Agents  for 
New-York,  have  made  several  Objections  which  we  shall  state  and 
consider  in  their  Order. 

The  first  Question  made  in  this  Case,  arises  on  the  Construction  of 
the  Grants  from  King  Charles  the  Second  to  the  Duke  of  York,  in 
1564  and  1674.  It  is  contended  by  the  Agents  for  New-York,  That  the 
said  Grants  were  bounded  and  confined  by  a  straight  and  direct  Line, 
from  the  Head  of  Connecticut  River,  to  the  Head  of  Delaware 
Bay  ;     *  *     And  therefore  cannot  by  any  possible   Construction, 

admit  of  an  Extent  of  Land  beyond  the  Head  of  the  Bay,  and  along 
the  River  Delaware ;         *  *  * 

To  this  Objection  the  Agents  for  New-Jersey,  answer. 

*  *  *  * 
Although   the  Agents  for  New-Jersey,  flatter  themselves  that  they 

have  fully  proved,  that  Bay  and  River  in  the  Patents,  had  one  and  the 
same  Meaning,  and  that  they  could  rely  on  what  has  already  been 
offered  on  this  Head ;  yet  they  pray  to  be  indulged,  in  considering  this 
Objection  in   another  Light,  and   making  a  few   further  Observations 

upon  it. 

*  *  *  * 

The  Agents  for  New  York,  sensible  of  the  Insufficiency  of  their  first 
Objection,  which,  had  it  been  well  founded,  would  at  once  have 
determined  this  Controversy,  and  saved  themselves  much  Expence  and 
Trouble,  proceed  to  their  second  Objection,         *  *  * 

To  conclude :  The  Agents  for  New-Jersey  conceive  that  they  have 
fully  answered  and  refuted  all  the  different  Pretensions  set  upon  the 
Part  of  New-York  ;  And  flatter  themselves  that,  notwithstanding  the 
many  Attempts  of  the  Agents  for  New-York,  to  divert  the  Attention 
of  the  Court,  from  the  real  Points  in  Controversy,  they  have  clearly 
shown,  that  the  Latitude  of  41°  on  Hudson's  River  ;  and  41°  40'  on 
Delaware  River,  were  intended  by  the  Grantor  and  Grantees,  at  the 
Time  of  making  the  first  Grant  of  New-Jersey,  to  be,  the  Stationary 
Points  of  the  Line  of  Division  between'the  two  Provinces. 

That  every  former  Attempt  of  the  Governments  to  settle  the  Line,  as 
well  by  Agreements  of  the  respective  Governors,  as  in  virtue  of  Acts 
of  the  Legislature  of  both  Colonies,  has  been  declarative  that  this  was 
the  only  Construction  put  upon  the  Duke's  Grant,  the  words  of  which 
cannot  other  Ways  be  satisfied  ; 


Boundaries  of  the  State  of  New  York.  769 

AND  THEREFORE  pray,  that  a  straight  and  direct  Line  from  the 
eaid  Latitude  of  Forty-one  Degrees  on  Hudson's  River,  to  the  Latitude 
of  Forty-one  Degrees  and  Forty  Minutes  on  Delaware  River,  may  be 
settled  and  ascertained,  as  the  Northern  Boundary  of  New-Jersey,  and 
the  Line  of  Partition  between  the  two  provinces. 

JOHN  STEVENS, 

New-York,  JAMES  PARKER, 

September  28,  1769.  WALTER  RUTHERFURD. 

— [Brief  of  the  Claim,  on   the  Fart  of  the  Province  of  New- Jersey , 
folio,  —  pp.  1,  3,  5,  7,  9,  11,  12,  13,  14,  17,  22,  44. 


[Final  Determination.] 

[October  7,  1769.] 

AT  A  MEETING  of  the  Commissioners  appointed  by  his  most 
Gracious  Majesty's  Commission  to  Settle  the  Boundary  Line  between 
the  Colonies  of  New  York  and  New  Jersey  held  at  the  Long  Room 
Called  the  Chamber  of  Commerce  in  the  City  of  New  York,  the  7th 
day  of  October,  1769, 

Present. 

Charles  Stewart,  Esq.,  President, 
Andrew  Elliot,  Esq. 
Samuel  Holland,  Esq. 
Andrew  Oliver,  Esq. 
Charles  Morris,  Esq. 
Jared  Ingersoll,  Esq. 

The  Agents  on  the  part  of  both  Colonies,  having  offered  to  the 
Court  all  that  they  thought  necessary  or  proper  in  Support  of  their 
respective  Claims,  and  the  Court  having  Considered  the  Same,  Do  Find 

That  King  Charles  the  Second  by  his  Letters  patent  bearing  date  the 
twelfth  day  of  March,  1664,  did  Grant  and  Convey  to  his  Brother  the 
Duke  of  York,  All  that  Tract  of  Country  and  Territory  now  Called  the 
Colonies  of  New  York  and  New  Jersey  ;  and  that  the  said  Duke  of 
York  afterwards  by  his  Deed  of  Lease  and  Release  bearing  Date  the  23d 
and  24th  days  of  June,  1665,  did  Grant  and  Convey  to  Lord  Berkley  of 
Stratton  and  Sir  George  Carteret,  that  part  of  the  Aforesaid  Tract  of 
Land  Called  New  Jersey.  The  Northern  Bounds  of  which  in  said  Deed 
are  described  to  be  "  to  the  northward  as  far  as  the  Northernmost 
Branch  of  the  said  Bay  or  River  of  Delaware  which  is  in  41  deg.  40 
min.  of  Latitude  and  ( Irosseth  thence  in  a  Straight  Line  to  Hudson's 
River  in  41  deg.  of  Latitude." 

We  further  find  amoung  the  many  Exhibits  a  Certain  Map  compiled 
49 


770  Copies  of  Documents  Relating  to  the 

by  Nicholas  John  Vischer,  and  published  not  long  before  the  aforesaid 
Gi-ant  from  the  Duke  of  York,  which  we  have  reason  to  believe  was 
Esteemed  the  most  Correct  Map  of  that  Country  at  the  Time  of  the 
said  Grant,  on  which  Map  is  Laid  down  a  Fork  or  Branching  of  the 
River  then  Called  Zuydt  River  or  South  River  now  Delaware  River  in 
the  Latitude  of  41  deg.  and  40  min.,  which  Branch  we  Cannot  doubt 
was  the  Branch  in  the  Deed  from  the  Duke  of  York  called  the  North- 
ernmost Branch  of  the  said  River,  and  which  in  the  Deed  is  said  to  lye 
in  the  Latitude  of  41  deg.  and  40  min.  And  from  a  Carefull  Compari- 
son of  the  several  Parts  and  Places  Laid  down  on  the  said  Map,  some 
of  which,  more  Especially  towards  the  Sea  Coast  and  on  Hudson's 
River  We  have  Reason  to  believe  were  at  that  time  well  Known.  The 
Distance  of  the  said  Branch  from  the  Sea  Shore  on  the  South,  and  the 
Relative  situation  of  the  same  with  regard  to  other  places  and  t'he 
Lines  of  Latitude  as  they  appear  to  be  laid  down  on  the  said  Map  at 
that  and  other  places  in  the  Inland  Country  :  We  are  of  opinion  that 
the  said  Branch  so  laid  down  on  the  said  Map  is  the  Fork  or  Branch 
formed  by  the  Junction  of  the  Stream  or  Water  Called  the  Mahacka- 
mack  with  the  River  Called  Delaware  or  Fishkill  and  that  the  same  is 
the  Branch  Intended  and  referred  to  in  the  before  mentioned  Deed  from 
the  Duke  of  "York,  as  the  Northern  Station  at  the  River  Delaware, 
which  Fork  or  Branch  We  find  by  an  observation  taken  by  the  Survey- 
ors appointed  by  the  Court,  to  be  in  the  Latitude  of  41  deg.  21  min. 
and  37  seconds. 

We  are  further  of  opinion  that  the  Northern  Station  at  Hudson's 
River  being  by  the  Words  of  the  said  Deed  from  the  Duke  of  York, 
Expressly  Limited  to  the  Latitude  of  41  deg.  should  be  fixed  in  that 
Latitude,  which  Latitude  we  have  caused  to  be  taken  in  the  best  man- 
ner by  the  Surveyors  appointed  by  the  Court,  and  which  falls  at  a 
Rock  on  the  West  Side  of  Hudson's  River  marked  by  the  said  survey- 
ors, being  79  Chains  and  27  Links  to  the  Southward  on  a  Meridian  from 
Sneydon's  House,  formerly  Corbet's. 

It  is  Therefore  the  final  Determination  of  the  Court  That  the 
Boundary  or  Partition  Line  between  the  said  Colonies  of  New  York  and 
New  Jersey  be  a  direct  and  straight  Line  from  the  said  Fork  at  the 
Mouth  of  the  River  Mahackimack  in  the  Latitude  of  forty-one  Degrees 
twenty-one  Minutes  and  thirty-seven  Seconds  to  Hudson's  River  at  the 
said  Rock  in  the  Latitude  of  forty-one  degrees  as  above  described. 

(Signed)  Cha.  Stewart, 

Andrew  Elliot, 
Andrew  Oliver, 
Jared  Ingersoll. 


Boundaries  of  the  State  of  New  York.  771 

Samuel  Holland  and  Charles  Morris,  Esquires,  two  of  the  members  of 
the  Court  not  Concurring  in  a  part  of  the  foregoing  determination,  viz., 
That  part  respecting  the  Station  at  Hudson's  River,  desired  to  have 
their  Reasons  for  such  their  Dissent  entered  on  the  Minutes  of  our 
Proceedings,  which  was  allowed  and  they  are  as  follows  : 

THE  Northern  Boundary  of  the  province  of  New  Jersey  is  the  matter 
Submitted  to  our  Consideration  and  to  Ascertain  the  Extremities  of  the 
Partition  Line  upon  Hudson's  and  Delaware  Rivers. 

In  doing  this  We  are  to  proceed  upon  Principles  of  Justice  and 
Equity,  having  respect  to  the  Proofs.  This  we  apprehend  to  be  [the] 
Language  and  Intent  of  [our]  Commission  and  It  is  Necessary  It  should 
be  so  because  the  Country  was  but  little  known  at  the  Time  The  Grants 
to  the  Duke  of  York  were  made,  and  We  must  of  necessity  have 
recourse  to  the  ancient  Maps  which  were  in  being  at  Time  of  making 
these  Grants. 

It  is  difficult  to  ascertain  with  precision  what  Lands  passed  to  the 
Duke  of  York  by  his  Grant,  Either  from  the  Express  Words  of  the 
Grant  or  by  any  Maps  of  the  Country  that  appear  to  us  to  have  been 
then  extant.  Nor  is  it  probable  That  the  Duke  or  his  Grantees  were 
better  Informed  when  He  Conveyed  New  Jersey  to  Berkley  and  Car- 
teret; the  best  Lights  We  have  on  this  Matter  are  the  Maps  of  Vischer. 

The  Words  relative  to  the  Latitude  in  the  Grants  to  Berkley  and 
Carteret  are  Words  of  Description  concerning  the  Northernmost  Branch 
of  Delaware,  and  We  do  not  find  upon  Inquiry  any  Branch  in  the 
Latitude  mentioned.  A  Branch  nevertheless  Seems  to  be  Intended. 
The  Branch  nigh  to  that  Latitude  is  Mahackamack  and  which,  from  a 
View  of  this  Ancient  Map  we  are  Induced  to  believe  was  the  North 
Partition  point  intended  by  the  Parties,  and  think  in  Justice  and  Equity 
ought  to  be  so  determined,  because  a  Line  from  Hudson's  River  to  the 
Branch  at  Easton,  claimed  on  the  part  of  New  York,  or  to  that  of  the 
Poughpaxtonk  and  Mohawk  Branches  claimed  by  New  Jersey,  would 
Involve  many  of  his  Majesty's  subjects  in  Absolute  Ruin  who  hold 
respectively  under  Each  Government. 

It  is  therefore  upon  this  principle  The  Point  on  Hudson's  River  we 
apprehend  ought  also  to  be  fixed,  for  as  It  appears  by  Vischer's  Map 
that  the  Latitude  of  forty-one  on  Hudson's  River,  which  Map  We 
apprehend  was  the  Guide  and  direction  to  the  Duke  in  forming  his 
Grants  to  Berkley  and  Carteret.  This  Map,  ascertains  the  Latitude  of 
forty-one  on  the  upper  part  of  the  Manhattan's  Island. 

If  the  Country  therefore  was  vacant  we  should  not  Hesitate  in  Declar- 
ing that  the  Latitude  of  forty-one  as  laid  down  in  the  ancient  Maps 
would  in  Equity  be  the  Station  on  Hudson's  River,  and  more  Especially 
because  We  have  had  abundant  Experience  in  our  own  Departments  to 


772  Copies  of  Documents  Relating  to  the 

Observe  that  the  Ancient  Geographers  find  their  Latitudes  in  these  parts 
of  the  Continent  Several  Miles  more  Southerly  than  are  found  to  be  by- 
more  modern  Observations.  In  Tenderness  therefore  to  the  New  Jer- 
ney  Settlers  We  are  Inclined  to  a  more  Northern  Station  and  in  settling 
the  place  where,  Consider  that  before  the  Contested  Territory  was 
pfented,  a  Place  due  West  of  Frederick  Phillips  Mills  gained  the 
Reputation  as  the  Station  Point  upon  Hudson's  River,  and  a  Line  from 
this  Station  which  appears  to  be  anciently  fixed  by  the  Governments 
concerned  will  be  the  Least  detrimental  to  the  Settlers,  and  one  more 
Northerly  will  Comprehend  many  Farms  in  a  populous  Neighborhood 
held  under  New  York  by  ancient  Patents.  We  cannot  help  being  of 
Opinion  That  a  Line  thence  to  the  Mahackamack  Branch  will  be  the 
most  Just  and  Equitable  of  any  We  can  fix  upon  agreeable  to  the 
design  of  the  royal  Commission  which  We  imagine  will  be  most  Con- 
formable to  his  Majesty's  Gracious  intentions  to  his  Subjects  in  both 

Provinces. 

(Signed)  Samuel  Holland, 

Charles  Morris. 

The  aforewritten  is  a  true  Copy  of  the  Original  Enters.     Exd  by 

(Signed)  John  Jay,  Clk. 

— [N.  Y.  and  JV.  J.  Boundary  Papers '  (in  Library  of  N.  Y.  Hist. 
Soc),  vol.  iii;  as  printed  in  N.  J.  Hist.  Soc.  Proc,  viii,  180. 

1  Mr.  William  Kelby,  of  the  N.  Y.  Historical  Society  Library,  has  kindly  fur- 
nished the  following  memoranda: 

"Of  the  thirteen  Commissioners  appointed  by  the  King  to  settle  the  N.  J. 
Boundary  but  four  were  present  on  July  18,  1769,  viz.:  Andrew  Elliot,  Samuel 
Holland,  Peyton  Randolph  and  Jared  Ingersoll.  Not  having  a  quorum  they 
adjourned.  On  the  twentieth  they  organized  with  Charles  Steuart  [or  Stewart]  as 
President.  The  other  members  present  were  Elliot,  Holland,  Oliver,  Randolph, 
Ingersoll.     Charles  Morris  appeared  for  the  first  time  July  25. 

"  The  Commission  met  July  18,  19,  20,  22,  24,  25,  26,  27,  28,  31.  August  1,  2,  3,  4, 
5,  7,  8,  9,  11,  12,  14,  15,  16,  17,  22,  23,  24,  25,  26,  28,  29,  30,  31.  September  1,  2,  4, 
5,  6,  7,  8,  9,  11,  12,  13,  14,  15,  16,  18,  19,  20,  21,  22,  26,  27,  28,  29,  30.  October  2,  3, 
4,  5,  6,  7. 

"  Of  the  seven  Commissioners  who  attended, 
Charles  Steuart  was  absent  July  18,  19. 

Andrew  Elliot  "  July  19,  August  29,  31,  September  13,  October  4. 

Samuel  Holland  "  August  29,  30,  31,  September  1,  2,  4,  5,  6,  7,  8,  9,  12, 

13,  14,  15,  16. 
Andrew  Oliver  "  July,  18, 19,  October  2. 

Charles  Morris  "  July  18,  19,  20,  22,  24. 

Peyton  Randolph        "  September  8.     He  was  present  for  the  last  time  on 

September  16,  when  he  probably  went  home. 
Jared  Ingersoll  attended  all  the  meetings. 

"  The  Court  adjourned  October  7  to  meet  at  Hartford,  Connecticut,  December 


Boundaries  of  the  State  of  New  York.  773 

[In  N.  Y.  Council.] 

November  29,  1769. 

*  *  *  * 

Upon  reading  this  day  at  the  Board  two  Petitions  (the  first  dated  the 
19'|  October  and  the  other  the  28ih  Instant) '  of  the  Agents  appointed 
on  the  Part  of  this  Province  for  managing  the  Controversy  conserning 
the  Line  of  Division  between  New  York  and  New  Jersey  ;  by  the  first 
of  which  Petitions  and  the  Account  thereunto  annexed,  it  appears  there 
was  then  a  Balance  due  on  the  Part  of  this  Province  of  £1236..  12. .0  ; 
And  by  the  Second  of  the  said  two  Petitions,  it  appears  that  some  of 
the  Managers  will  be  obliged  to  attend  the  approaching  Meeting  at 
Hartford,  in  order  to  present  to  the  Court  their  Appeal  from  the  Judg- 
ment of  the  Commissioners  in  the  said  Cause  to  his  Majesty  in  his 
Privy  Council,  and  to  see  the  Proceedings  properly  closed,  and  to  dis- 
charge the  proportion  of  Expence  that  will  accrue  in  Consequenceaof  the 
said  Meeting;  and  that  in  the  Opinion  of  the  said  Managers,  not  less 
than  six  hundred  Pounds  will  be  sufficient  to  answer  this  Purpose  — 
And  therefore  the  Petitioners  pray  Warrants  for  the  Sums  mentioned 
in  the  said  Petitions  respectively  — 

His  Honour  the  Lieutenant  Governor  having  desired  the  Opinion  of 
the  Board  thereon,  and  the  Managers  attending,  being  called  in,  and 
asked  if  a  Warrant  should  issue  an  Account  for  £1000,  it  would  be 
sufficient  for  the  present  and  induce  them  to  prosecute  their  Journey  to 
Hartford;  they  Answered  in  the  Affirmative,  the  Council  thereupon 
advised  his  Honour  the  Lieutenant  Governor  to  issue  a  Warrant  for  that 
Sum,  and  the  following  Warrant  was  signed  by  the  Lieutenant  Governor 
accordingly. 

*  *  *  * 

— [JV.  T.  Council  Minutes  (MS.),  xxvi,  166. 

8.  But  two  members,  Oliver  and  Morris,  were  present  on  that  day.  December 
9  and  11,  four  met,  viz.:  Elliot,  Oliver,  Morris,  Ingersoll.  There  being  no 
prospect  of  a  quorum,  they  adjourned  to  meet  at  New  York,  July  4,  1770.  At 
the  appointed  time  (July  4)  Andrew  Elliot  was  the  only  one  present.  He  made  a 
memorandum  that  a  meeting  would  be  called  '  on  the  first  Tuesday  in  May  next,' 
1771.  Here  ends  the  record  with  a  certificate  of  the  Clerk,  John  Jay,  dated 
February  6,  1773."— [P. 

1  Neither  of  these  Petitions  has  been  found;  though  a  similar  one  dated  Septem- 
ber 29,  1769,  is  on  file  (Y.  T.  Col.  MSS.,  xcv,  136).  This  was  for  a  then  further 
allowance  of  £1500,  which  was  granted  (Y.  Y.  Council  Minutes,  xxvi,  158).^-[P. 


774  Copies  of  Documents  Relating  to  the 

February  28,  1770. 
*  *  *  * 

Mf  Scott  and  Mf  Kissam  in  behalf  of  themselves  and  the  other  Man- 
agers of  the  Controversy  respecting  the  Line  of  Division  between  New 
York  and  New  Jersey,  having  made  Application  to  the  Board  for 
Warrants  for  payment  of  the  Balance  stated  and  due  as  appears  by 
their  two  Petitioners  now  before  the  Board ;  the  Council  were  of 
Opinion  that  previous  to  the  issuing  of  any  further  Warrant,  the 
Accounts  be  audited,  and  that  Notice  be  given  to  the  said  Managers 
that  they  may  attend  for  this  purpose  on  Fryday  the  ninth  day  of 
March  next. 

— [Nl  T.  Council  Minutes  (MS.),  xxvi,  176. 


At  the   Court  at  S*  James's 

[l.  s.]  the  27*  day  of  April  1770 

Present 

The  Kings  most  Excellent  Majesty 

Arch  Bishop  of  Canterbury     *     *     [and  eleven  others]. 

Whereas  there  was  this  day  read  at  the  Board  a  Report  from  the 
Right  Honourable  the  Lords  of  the  Committee  of  Council  for  Planta- 
tion Affairs,  dated  the  7*  of  this  instant  in  the  words  following,  Vizf — 

"  Your  Majesty  having  been  pleased  by  your  order  in  Council  of 
"the  14*  of  February  last  to  refer  unto  this  Committee  a  Letter  to  the 
"Right  Honourable  the  Earl  of  Hillsborough,  one  of  Your  Majesty's 
"principal  Secretaries  of  State,  dated  the  11*  of  December  1769,  from 
"  four  of  the  Commissioners  who  were  appointed,  amongst  others,  by 
"Commission  under  the  Great  Seal  of  Great  Britain,  to  ascertain, 
"Settle  and  Determine  the  Boundary  Line  between  the  Colonys  of 
"  New  York  and  New  Jersey,  together  with  Minutes  of  the  Proceedings 
"  of  the  said  Commissioners,  at  their  adjourned  meetings  on  the  82  9* 
"and  11*  of  December,  1769,  —  and  your  Majesty  having  been  pleased 
"  by  your  order  in  Council  of  the  5*  of  this  Instant  to  refer  unto  this 
"  Committee  the  humble  petition  of  your  Majesty's  Colony  of  New 
"York,  by  Robert  Charles  Esquire  agent  for  the  said  Colony,  and 
"  William  Bayard  of  New  York  Esquire  now  in  London  one  of  their 
"  agents  for  managing  the  Controversy  of  the  Disputed  Boundaries, 
"between  the  said  Colony,  and  the  Colony  of  New  Jersey,  humbly 
"Praying,  that  your  Majesty  will  be  pleased  to  direct,  that  the  Commis- 
"  sioners  who  shall  be  present  at  the  next  meeting  or  the  Major  part  of 
"  them,  shall  have  the  same  power  of  Receiving  appeals,  and  of  attest- 
ing Copies  of  the  proceedings,  and  of  Returning  the  said  Commission 


Boundaries  of  the  State  of  New  Yore.  775 

"  to  your  Majesty  in  Council  as  is  by  the  said  Commission  given  unto 
"  any  five  or  more  of  the  said  Commissioners,  and  that  the  appeals  then 
"  do  be  made,  and  the  Copies  of  the  proceedings  so  attested,  and  the 
"  Commission  so  returned,  shall  be  as  valid  to  all  Intents  and  purposes 
"  as  they  respectively  would  have  been,  in  Case  jthe  appeals  had  been 
"entered  with,  and  the  proceedings  had  been  attested,  and  the  return 
"  of  the  Commission  signed,  by  five  of  the  said  Commissioners,  *  * 
"  The  Lords  of  the  Committee,  in  obedience  to  your  Majesty's  said 
"  order  of  reference,  this  day  took  the  said  Letter  and  petition  into 
"  Consideration,  and  were  attended  thereupon  as  well  by  the  Agents  of 
"  New  York,  as  by  the  agent  for  the  Colony  of  New  Jersey,  and  do 
"  agree  humbly  to  Report  as  their  opinion,  upon  the  joint  request  of  the 
"  agents*  of  both  of  the  said  Colonys,  that  it  may  be  adviseable  for 
"  Your  Majesty  to  direct,"     *         *     [etc.,  as  above  proposed]. 

His  Majesty  taking  the  said  Report  into  Consideration,  was  pleased 
with  the  advice  of  His  privy  Council,  to  approve  of  what  is  therein 
proposed  to  be  done,  and  accordingly  to  order,  as  it  is  hereby  ordered, 
that  the  same  be  duly  and  Punctually  complied  with,  and  carried  into 
Execution  ;  — Whereof  the  Governors  or  Commanders  in  Chief  of  the 
said  Colonies  of  New  York  and  New  Jersey,  for  the  time  being,  the 
said  Commissioners,  and  all  others  whom  it  may  concern,  are  to  take 

Notice  and  govern  themselves  accordingly. 

Phil  :  Sharps. 
— [JV.  Y  Col  MSS.,  xcvi,  75. 

[Petition.] 

To  the  Honourable  Cadwalader  Colden  Esq'  His  Majesty's 
Lieutenant  Governor,  and  Commander  in  Chief  of  the 
Province  of  New  York  and  the  Territories  depending 
thereon  in  America. 

In  Council. 
The  Petition  of  the  Subscribers. 

Humbly  Sheweth. 

That  the  Agents  appointed  by  the  Colony  of  New  Jersey,  for 
managing  the  Controversy  respecting  the  division  Line  between  that 
Colony  and  the  Colony  of  New  York  ;  having  signified  their  willing- 
ness to  settle  the  Controversy  in  an  amicable  manner.  And  the  General 
Assembly  of  the  Colony  of  New  York  approving  of  such  a  method,  did 
desire  the  Agents  appointed  on  the  part  of  New  York,  for  managing  the 
said  Controversy,  together  with  the  Committe  of  Correspondence,  and 
Mr  De  Noyelles  to  consult  with  the  Agents  of  the  Colony  of  New 
Jersey,  on  the  most  salutary  Measures  to  be  pursued  for  the  settlement 
of  that  Line.     That  several  conferences  have  been  had  and  a  Plan  for 


776  Copies  of  Documents  Relating  to  the 

the  final  Settlement  of  the  said  Line  has  been  agreed  upon.  Which 
Plan  if  agreed  to  by  the  Legislatures  of  the  respective  Colonies  is  to  be 
laid  before  His  Majesty  for  his  Royal  approbation. 

That  the  better  to  carry  the  said  Plan  into  Execution,  it  was  esteemed 
absolutely  necessary  that  several  Surveys  should  be  made  ;  and  James 
Parker,  John  Stevens  and  Walter  Rutherford  or  any  two  of  them,  on 
the  part  of  New  Jersey  and  John  De  Noyelles,  and  William  Wickham, 
on  the  part  of  New  York  were  appointed  by  the  said  agreement  to  see 
the  said  Surveys  performed. 

And  your  Petitioners  do  further  shew  that  they  have  been  Informed 
that  some  of  the  Inhabitants  in  the  County  of  Orange  intend  to  pre- 
vent the  said  Surveys  from  being  made. 

Your  petitioners  therefore  most  humbly  pray  that  such 
aid  and  assistance  may  be  given  them  in  the  premises  as 
may  be  thought  just  and  reasonable. 

And  your  Petitioners  as  in  duty  Bound  shall  ever 
pray  &c. 
New  York  8  May  1770.  John  De  Noyelles 

W"  Wickham. 

-[N.  Y.  Col.  MS8.,  xcvi,  81. 

[In  N.  Y.  Council.] 

May  9,  1770. 

The  Petition  of  John  De  Noyelles  and  William  Wickham,  was  pre- 
Bented  to  the  Board  and  l-ead,  setting  forth.     *  *     [etc.,  as  above]. 

On  due  consideration  whereof  it  is  Ordered  By  his  Honour  the  Lieu- 
tenant Governor,  by  and  with  the  advice  of  the  Council,  that  a  War- 
rant issue  authorizing  the  several  Persons  abovementioned,  to  cause  the 
said  Surveys  to  be  performed  accordingly  ;  and  requiring  the  Majistrates, 
Justices  of  the  Peace  Constables  and  other  Officers  of  the  said  County 
of  Orange,  to  aid  and  assist  them  in  the  premisses.  And  it  is  further 
Ordered  that  his  Majesty's  Attorney  General  of  this  Province  do  pre- 
pare the  Draft  of  such  Warrant,  and  lay  the  same  before  his  Honour 
the  Lieutenant  Governor  with  all  convenient  speed 

A  true  Copy  Examd  By 

Geo.  Banyar  D  01  Con 
— [iV:  Y  Col.  MSS.,  xcvi,  82. 

[The  Attorney  General  to  the  Lieutenant  Governor.] 
May  it  please  your  Honor 

Pursuant  to  your  Honors  Order  in  Council  of  the  Ninth  Instant,  I 
have  prepared  and  herewith  lay  before  your  Honor  the  Draft  of  a  War- 


Boundaries  of  the  State  of  New  York.  Ill 

rant  authorizing  John  De  Noyelles  and  William  Wickham  Esquires,  in 
Conjunction  with  others,  to  cause  some  Surveys  to  be  made  for  the 
better  carrying  into  Execution  a  Plan  for  the  Settlement  in  an  amicable 
Mannm-,  the  Controversy  between  this  Province  and  New  Jersey,  respect- 
ing the  Division  Line  between  the  two  Colonies. 

It  is  not  for  me  to  judge  of  the  Propriety  of  the  Governments 
interposing  in  this  Manner,  while  the  Controversy  yet  hangs  sub  judice, 
to  be  determined  by  his  Majesty  in  Council ;  waving  therefore  that 
Consideration,  permit  me  to  mention  to  your  Honor  that  I  have  some 
Doubts  of  the  Propriety  of  this  Warrant  in  other  Respects. 

1.  As  it  does  not  express  what  survey's  in  particular  are  to  be 
made,  but  is  general,  leaving  it  discretionary  in  the  Gentle- 
men, to  survey  where  they  please. 

2.  It  is  not  clear  to  me,  that  should  the  Gentlemen  be  sued  as 
Trespassers,  by  the  Persons  into  whose  Lands  they  may  go 
in  making  these  Surveys,  that  they  could  justify  under  this 
Warrant. 

If  I  may  be  excused  in  further  giving  my  Sentiments  on  this  Subject, 
I  would  beg  leave  to  suggest  to  your  Honor  that  (if  Government  does 
interpose)  I  think  it  would  be  better  to  go  no  farther  than  to  Order 
the  Majistrates  and  other  Officers  of  the  Counties  where  the  Inter- 
ruption is  expected,  to  be  diligent  in  the  Suppressing  of  all  Tumults  on 
the  Occasion,  and  in  all  lawfull  Manner  to  be  aiding  and  assisting 
the  Gentlemen  in  making  these  Surveys. 

I  have  the  Honor  to  be 

with  great  Respect 
New  York  11 :  May  1770.  Sir 

Your  most  obedient 


To  His  Honor 

The  Lieutenant  Governor. 

—[A7!  T.  Col.  MSS.,  xcvi,  85. 


and  very  humble  servant 

J.  T.  Kempk. 


[Commission.] 

[May  16,  1770.] 

By  the  Honourable  Cadwallader  Colden  Esquire  his 
Majesty's  Lieutenant  Governor  and  Commander  in  Chief 
of  the  Province  of  New  York  and  the  Territories 
depending  thereon  in  America. 

To  all  to  whom  these  presents  shall  come  Greeting — 

Whereas  John  De  Noyelles  and  William  Wickham  Esquires  by  their 

Humble  Petition  presented  to  and  read  before  me  in  Council  on  Wed- 


778  Copies  of  Documents  Relating  to  the 

nesday  the  Ninth  day  of  this  Instant  Month  of  May,  did  set  forth, 
*  *  [as  already  recited.]  Know  Ye  therefore  that  by  and  with 
the  Advice  and  Consent  of  his  Majesty's  Council  for  the  said  Province, 
I  have  Authorized  and  empowered,  And  by  these  Presents  do  Authorize 
and  empower  them  the  said  John  De  Noyelles  and  William  Wickham, 
in  Conjunction  with  all  or  any  two  of  them  the  said  James  Parker, 
John  Stevenson  and  Walter  Rutherford  on  the  Part  of  New  Jersey,  to 
cause  such  Surveys  to  be  made  and  performed  as  they  shall  Judge 
necessary  in  order  to  carry  into  Execution  the  Plan  so  as  aforesaid  agreed 
upon  for  the  final  Settlement  of  the  said  Division  Line  between  the 
Colony  of  New  York  and  the  Colony  of  New  Jersey  ;  '  hereby  strictly 
requiring  and  commanding  all  Magistrates  Justices  of  the  Peace,  Con- 
stables and  other  his  Majesty's  Officers  of  and  in  the  said  county  of 
Orange,  to  be  Diligent  in  suppressing  of  all  Tumults  on  the  Occasion, 
and  by  all  lawful  ways  and  means  to  be  aiding  and  assisting  in  the 
Premises,  to  the  Persons  so  Authorized  to  make  such  Surveys  as  aforesaid. 
Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George 
in  the  City  of  New  York  the  sixteenth  day  of  May  in 
the  Tenth  Year  of  his  Majesty's  Reign  and  in  the  Year 
of  our  Lord  one  thousand  seven  hundred  and  Seventy. 
By  his  Honour's  Command  Cadwallader  Colden 

Geo  Banyar  D  Secry 

A  true  Copy  of  the  Record  Examd  this  2lV  May  1770 
By  me 


— [N.  Y  Col.  MSS.,  xcvi,  87. 


Gw  Banyar  D  Secry 


[In  N.  Y.  Council.] 

July  25,  1770. 

it  9  .  *    ■  •     * 

The  Report  of  Whitehead  Hicks,  William  McAdam  and  David  Van 
Home,  three  of  the  Auditors  appointed  by  Order  of  this  Board  of  the 
9th  March  last  [N.  Y.  Council  Minutes,  xxvi,  178],  to  audit  the 
Accounts  of  the  Agents  for  managing  on  the  Part  of  the  Colony  of 
New  York  the  Controversy  respecting  the  Line  of  Partition  between 
this  Province  and  the  Colony  of  New  Jersey,  was  laid  before  the  Board 

And  the  said  Report  being  read,  the  Board  were  of  Opinion  that  the 
Account  of  the  said  Henry  Holland  which  amounts  to  £72,  being  for 
Ninety  days  Attendance  at  16s  per  day,  ought  to  be  allowed;  which 

1  The  words  in  italics  were  not  in  the  original  draft  prepared  by  the  Attorney- 
General— [P. 


Boundaries  of  the  State  of  New  York.  779 

added  to  the  aforesaid  Sum  of  £1466..9..3£  renders  the  whole  Amount 
of  the  Services  still  unpaid  £1538.. 9.. 3^-. 

And  whereas  on  the  29'.h  day  of  November  last  a  Warrant  issued  to 
the  said  Agents  or  Managers  of  the  said  Controversey  on  the  part  of 
this  Colony,  for  the  Payment  to  them  of#£1000;  £600  whereof  it  was 
suggested  by  the  said  Agents  or  Managers,  would  be  necessary  to  defray 
the  Expences  of  the  then  approaching  Meeting  of  the  Commissioners  at 
Hartford,  at  which  the  said  Agents  or  Managers  would  be  obliged  to 
attend,  to  present  to  the  Court  their  appeal  from  the  Judgment  of  the 
Commissioners,  to  his  Majesty  in  his  privy  Council;  and  that  in  Case 
the  said  Sum  of  £600  should  prove  more  than  sufficient  to  Answer  the 
Expences  of  such  Meeting,  the  Surplus  should  be  applyed  towards  the 
prosecuting  of  the  said  appeal  :  And  whereas  the  Expences  that  accrued 
on  the  part  of  this  Colony  at  the  Meeting  of  the  Commissioners  at 
Hartford  as  aforesaid,  are  included  in  the  Account  exhibited  in  the 
Report  of  the  Auditors  aforesaid,  and  the  said  appeal  cannot  at  present 
be  further  prosecuted. 

It  is  therefore  the  Opinion  of  this  Board  that  the  Agents  or  Managers 
of  the  said  Controversy  on  the  part  of  this  Colony,  do  apply  the  whole 
of  the  said  Sum  of  £1000  towards  the  Discharge  of  the  said  sum  of 
£1538.. 9.. 3j,  any  former  Minute  or  Opinion  of  this  Board  to  the  Con- 
trary notwithstanding;  and  to  enable  the  said  Agents  or  Managers  to 
discharge  the  Residue  thereof :  It  is  ordered  by  his  Honour  the 
Lieutenant  Governor  with  the  Advice  of  the  Council,  that  a  Warrant 
or  Warrants  issue  to  them  for  the  remaining  sum  of  £538.. 9.. 3^. 

In  pursuance  whereof  the  following  Warrant  was  accordingly  signed 
by  his  Honour  the  Lieutenant  Governor,  Vizt. 

N?«  2031.  To  John  Cruger,  Henry  Holland,  Frederick 
Philipse,  John  Morin  Scott,  William  Bayard 
and  Benjamin  Kissam  Esquires,  to  be  by  them 
applyed  towards  defraying  the  Moiety  of  the 
Joint  Expense  that  hath  accrued  on  the  Con-  '  '  ' 
troversy  relating  to  the  Partition  Line  between 
this  Colony  and  the  Colony  of  New  Jersey  the 
further  Sum  of 

— [N.  Y.  Council  Minutes  (MS.),  xxvi,  191. 


[In  Council  of  East  N.  J.  Proprietors.] 
At  a  Council  of  Proprietors  of  the  Eastern  Division  of  New  Jersey, 
held  at  Perth  Amboy,  Sept.  14th,  1770. 

The  agents    for   managing   the   controversy   on    the   boundary   line 


780  Copies  of  Documents  Relating  to  the 

between  this  Colony  and  the  Colony  of  New  York,  delivered  in  a 
report  in  the  following  words: 

"The  agents  for  managing  the  controversy  of  settling  the  division 
line,  with  the  colony  of  New  York,  Do  Report  that  immediately  after 
the  last  stated  meeting  Messrs.  Stevens,  Cuyler  and  Rutherfurd  met  the 
agents  of  New  York  and  signed  the  agreement,  a  copy  of  which  had 
been  laid  before  the  Board  with  the  only  alterations  respecting  the 
manner  of  applying  for  the  acts  of  the  legislature,  and  inserting  the 
names  of  Messrs.  Stevens,  Parker  and  Rutherfurd  as  the  persons  who 
were  to  attend  the  running  of  the  line  on  the  part  of  New  Jersey,  and 
Messrs.  Wickham  and  De  Noyelles,  on  the  part  of  New  York. 

"  That  in  consequence  thereof  the  22nd  of  May  last  Messrs.  Stevens 
and  Parker  with  Anthony  Dennis  their  Surveyor,  met  Messrs.  Wick- 
ham and  De  Noyelles  with  James  Clinton  their  Surveyor  at  Orange- 
town,  where  many  of  the  adjacent  inhabitants  were  assembled  and 
were  utterly  averse  to  having  the  proposed  line  run,  but  on  the  con- 
trary with  many  threats  declared  they  were  determined  to  prevent  it, 
on  which  being  apprehensive  they  might  be  obstructed  if  they  begun 
on  Hudson's  River  and  Mr.  De  Noyelles  declaring  if  they  were  he 
would  proceed  no  further,  they  all  agreed  to  begin  on  the  Station 
Mahackamack  hoping  the  people  opposing  would  be  better  informed  on 
their  return.  Accordingly  they  set  out  but '  from  the  badness  the 
weather  did  not  begin  before  the  25th  in  the  evening  when  they  set  off 
from  the  Station  aforesaid  and  proceeded  on  a  course  S.  53  deg.  15  min. 
E.  from  day  to  day  to  the  7th  of  June  when  they  were  stopped  a  few 
chains  across  Saddle  River  by  at  least  50  men.  They  then  concluded  to 
set  over  to  the  line  run  and  measured  last  summer  by  Clinton  and 
Dennis,  from  Phillips'  Mill  to  Minisink  Island,  which  was  done.  They 
afterwai'ds  crossed  Hudson's  River  and  being  shown  the  latitude  of  41 
deg.  observed  last  summer,  they  finished  the  traverse  from  thence  to 
the  Mills,  and  returned  to  Garret  Hoppen's  to  protract  their  work.  On 
the  14th,  Mr.  Wm.  Bayard  met  them  at  Orangetown,  and  the  inhabit- 
ants at  last  agreed  that  the  line  should  be  run,  on  which  the  Surveyors 
began  where  they  left  off  and  fell  about  seventy  links  southward  of  the 
marked  rock  at  the  latitude  of  41  degrees. 

"Accordingly  on  the  20th  they  set  off  from  the  said  rock  on  a  course 
N.  54  deg.  35  min.  W.  and  continued  running  the  same  to  the  day 

of  July  when  they  finished  at  Mahackamack,  and  fell  four  chains  and 
fifty  links  southwards  of  the  Station,  and  as  a  mark  is  set  up  at  every 
mile,  offsets  can  be  easily  made  to  the  true  line.  The  Surveyors  in 
company  with  Messrs.  Rutherfurd  and  Wickham  then  went  to  Goshen 
where  they  finished  two  maps  of  their  work,  signed  by  them  both,  one 
of  which  is  now  laid  before  the  Board.     And  further  report  that  dur- 


Boundaries  of  the  State  of  New  York.  781 

ing  the  running  of  said  line  they  had  frequent  meetings  with  the 
inhabitants  near  the  same  and  took  an  account  under  what  government 
and  by  what  title  they  held  their  possessions,  and  that  the  New  Jersey 
agents  have  the  accounts  of  the  possessions  under  New  Jersey  to  the 
northwards  of  the  line,  and  the  New  York  agents  have  the  account  of 
the  New  York  possessions  to  the  southward  of  said  line.  They  now 
beg  leave  to  observe  to  the  board  that  as  by  the  agreement  application 
is  to  be  made  to  the  Legislature  for  a  law  in  conformity  to  the  same 
and  as  the  assembly  is  now  called  to  meet  at  this  place  the  26th  inst., 
they  request  the  opinion  of  the  board  in  what  manner  further  to 
proceed." 

Which  (report)  being  considered  is  approved  and  the  board  is  of 
opinion  that  advertisement  be  immediately  inserted  in  the  Newspapers 
and  set  up  in  the  most  public  places  on  the  line  in  the  counties  of 
Bergen  and  Sussex,  of  the  intended  application  to  the  General  Assem- 
bly for  obtaining  an  act  to  confirm  said  agreement,  and  Lord  Stirling 
is  requested  to  prepare  a  draft  of  a  petition  to  the  Assembly  for  that 
purpose.  It  is  recommended  to  the  above  agents  to  meet  the  agents  on 
the  part  of  New  York  to  confer  with  them,  that  their  actions  may  bo 
similar  in  their  application  for  the  like  law. 

— [Mist  N.  J.  Proprietors'  Minutes,  vol.  B,  p.  91  ;  as  printed  in 
N.  T.  Sen.  Doc.  No.  17,  1875,  p.  18. 


[In  N.  Y.  Council.] 


January  22,  1771. 


*  *  *  * 

His  Excellency  Communicated  to  the  Board  a  Memorial1  of  John 
Morin  Scott  Esquire  one  of  the  Agents  appointed  on  the  Part  of  this 
Colony  for  managing  the  Controversy  relative  to  the  Partition  Line 
between  this  Colony  and  the  Colony  of  New  Jersey,  which  was  read, 
setting  forth  his  reasons  for  detaining,  in  Order  to  be  applied  to  Future 
Services,  the  Monies  which  he  has  received  as  one  of  the  said  Agents, 
and  which  are  now  remaining  in  his  Hands:  and  praying  his  Excellency 
as  his  Majesty's  Representative  in  this  Colony,  to  advise  the  Memorialist 
whether  he  ought  to  consent  that  the  said  Monies  so  remaining  in  his 
hands  be  applied  to  the  Discharge  of  Past  Services. 

1  This  Memorial  (N.  T.  Col.  MSS.,  xcvi,  150)  covering  nearly  thirteen  foolscap 
pages,  incidentally  throws  considerable  light  upon  the  controversy,  especially  with 
reference  to  the  proposed  appeal  by  the  N.  Y.  agents.  This  appeal,  however,  was 
not  fully  prosecuted,  partly  for  the  want  of  a  quorum  of  the  Commissioners  at 
Hartford,  and  partly  from  a  growing  disposition  to  accept  the  decision  given  by 
the  Commissioners,  which  seems  to  have  prepared  the  way  for  the  flnaJ  statutes 
to  this  effect  passed  by  both  colonies. — [P. 


782  Copies  of  Documents  Relating  to  the 

Whereupon  and  on  full  Consideration  of  the  Matter  his  Excellency 
and  the  Board  were  of  Opinion  that  the  Memorialist  should  apply  the 
Monies  so  remaining  in  his  Hands  to  the  payment  and  Discharge  of 
Past  Services  as  declared  in  the  Minutes  of  Council  of  the  26$  July  last, 
his  Excellency  and  the  Board  not  doubting  that  the  Agents  for  manag- 
ing the  said  Controversy  will  make  Application,  and  the  Council  declar- 
ing their  Readiness  to  Advise  his,  Excellency  to  issue  Warrauts  in- 
payments of  the  necessary  Expences,  that  shall  accrue  on  any  future 
Service  whatsoever  respecting  the  Settlement  of  the  said  Line:  And  it 
is  Ordered  that  the  said  Memorial  be  filed. 

*  *  *  * 

— \_N.  Y.  Council  Minutes  (MS.),  xxvi,  205. 


[Colony  of  New  York.] 

An  ACT  for  establishing  the  Boundary  or  Partition  Line  between  the 
Colonies  of  New -York  and  Nova-Caesarea  or  New-Jersey,  and  for 
confirming  Titles  and  Possessions. 

Pass'd  the  16th  February,  1771. 

Whereas  the  Boundary  or  Partition  Line  between  the  Colonies  of 
New  -  York  and  Nova-  Ccesarea  or  New- Jersey,  from  the  Station  on  Mud- 
son's  River,  to  the  Station  on  Delaware  River,  not  being  duly  ascer- 
tained, and  the  Extent  of  their  respective  Jurisdictions  remaining 
uncertain,  and  the  due  and  regular  Administration  of  Government  in 
both  Colonies  being  by  that  Means  greatly  obstructed ;  the  respective 
Legislatures  of  both  the  said  Colonies  did,  by  Acts  for  that  Pui'pose 
passed,  concur  in  submitting  the  Title  and  Property  of  the  Lands 
affected  by  the  said  Boundary  or  Partition  Line  in  both  Colonies,  to 
such  a  Method  of  Decision  as  his  most  gracious  Majesty  should  think 
proper  by  his  Royal  Commission,  or  otherwise,  to  institute  and  appoint; 
of  which  Acts  his  Majesty  was  pleased  to  declare  his  Approbation,  and 
by  his  Royal  Commission  under  the  Great  Seal  of  Great-Britain, 
bearing  Date  the  seventh  Day  of  October,  in  the  seventh  year  of  his 
Reign  [1767],  did  authorize  and  appoint  certain  Persons  therein  named, 
or  any  five  of  them,  to  be  his  Majesty's  Commissioners,  for  ascertaining, 
settling,  and  determining  the  Boundary  aforesaid,  between  the  said  two 
Colonies.  And  whereas,  a  sufficient  Number  of  the  Commissioners 
named  in  the  said  Commission,  on  the  seventh  Day  of  October,  in  the 
Year  of  our  Lord  one  thousand  seven  hundred  and  sixty-nine,  did 
determine,  that  the  Boundary  or  Partition  Line,  between  the  said 
Colonies  of  New  -  York  and  New-Jersey,  should  be  a  direct  and  straight 
Line  from  the  Fork  or  Branch  formed  by  the  Junction  of  the  Stream  or 


Boundaries  of  the  State  of  New  York.  783 

Waters,  called  the  Mahackamack,  with  the  River  called  Delaware  or 
Fisk-Kill,  in  the  Latitude  of  forty-one  Degrees,  twenty-one  Minutes 
and  thirty-seven  Seconds,  as  found  by  the  Surveyors  appointed  by  the 
said  Commissioners  to  a  Rock  on  the  West  Side  of  Hudson? s  River, 
marked  by  the  said  Surveyors  in  the  Latitude  of  forty-one  Degrees, 
being  seventy-nine  Chains  and  twenty-seven  Links  to  the  Southward,  on 
a  Meridian  from  Sneydon's  House,  formerly  Corbet's ;  from  which 
Determination,  the  Agents  for  both  the  said  Colonies  appealed  to  his 
Majesty  in  his  Privy  Council.  And  whereas,  several  Tracts  of  Land  to 
the  Northward  of  the  said  Partition  Line,  so  decreed  by  the  said  Com- 
missioners, have  been  heretofore  taken  up  or  sold,  and  hitherto  and  still 
are  held  and  possessed,  by  Virtue  of  Titles  derived  from  and  under  the 
Government  of  Neio-Jersey,  or  the  general  Proprietors  of  the  same,  or 
some  or  one  of  them,  to  wit.  *  *  *  And  whereas  several 

other  Tracts  of  Land  to  the  Southward  of  the  said  Partition  Line,  so 
decreed  by  the  said  Commissioners,  have  been  hithertofore  patented, 
and  hitherto  and  still  are  held  and  possessed  by  Virtue  of  Titles 
derived  under  the  Government  of  New  -  York,  to  wit,  *  *  * 
And  whereas,  it  is  conceived  just  and  equitable,  that  the  present 
Possessors  of  the  said  Lands,  on  each  Side  of  the  said  Partition  Line, 
who  have  not  only  purchased  the  same  for  a  valuable  Consideration, 
but  many  of  them  have  laid  out  all  their  Substance  in  the  Improve- 
ment thereof,  should  be  secured  in  the  Enjoyment  of  the  Fruits  of  their 
Labour  and  Industry. 

I.  Be  it  therefore  Enacted  by  his  JExcellency  the  Governor,  the 
Council,  and  the  General  Assembly,  and  it  is  hereby  Enacted  by  the 
Authority  of  the  same,  That  the  said  Partition  Line,  so  decreed  by  the 
said  Commissioners,  is  and  shall  forever  hereafter  remain  and  be  the 
Boundary  and  Line  of  Partition,  between  this  Colony  and  the  Colony 
of  New-Jersey. 

II.  And  be  it  further  Enacted  by  the  Authority  aforesaid,  That 
Samuel  Gale,  William  Wickham  and  John  De  Noyellis,  Esqrs,  or  any 
two  of  them,  shall  be,  and  hereby  are  appointed  Commissioners,  to 
join  with  such  as  may  be  appointed  on  the  Part  of  the  Colony  of  New- 
Jersey,  to  ascertain  and  mark  the  said  Partition  Line,  so  that  it  may  be 
sufficiently  known  and  distinguished  ;  and  the  said  Commissioners  are 
hereby  directed  and  required,  to  mark  the  before-mentioned  Rock  on 
the  West  Side  of  Hudson's  River,  marked  by  the  Surveyors,  in  the 
Latitude  of  Forty-one  Degrees,  with  a  straight  Line  throughout  it's 
Surface,  passing  through  the  Place  marked  by  the  Surveyors,  and  with 
the  following  Words  and  Figures,  to  wit.  Latitude  41?  North,  and  on 
the  South  Side  thereof  the  Words  New-Jersey,  and  on  the  North  Side 
thereof,  the  Words  New-York  ;   and  to  mark  every  Tree  that  may 


784  Copies  of  Documents  Relating  to  the 

stand  in  the  said  Line,  with  five  Notches  and  a  Blaze  on  the  North- 
west and  South-east  sides  thereof,  and  to  put  up  Stone  Monuments  at 
one  Mile  distance  from  each  other  along  the  said  Line,  and  to  number 
such  Monuments,  with  the  Number  of  Miles  the  same  shall  be  from  the 
before-mentioned  Marked  Rock,  on  the  West  Side  of  Hudsorts  River, 
and  mark  the  Words  New-Jersey,  on  the  South  Side,  and  the  Words 
New-York,  on  the  North  Side  of  every  the  said  Monuments  ;  the  one 
Half  of  the  Expence  whereof  shall  be  paid  by  this  Colony,  out  of  any 
Monies  which  may  be  in  the  Treasury,  upon  Warrant  to  be  issued  by 
the  Governor,  or  Commander  in  Chief  of  this  Colony,  for  the  Time 
being,  with  the  Advise  and  Consent  of  his  Majesty's  Council.  Pro- 
vided the  Sum  so  to  be  drawn  for,  does  not  exceed  the  Sum  of  One 
Hundred  Pounds. 

III.  And  be  it  further  Enacted  by  the  Authority  aforesaid,  That 
the  several  and  respective  Patentees,  Vendees,  Possessors,  and  Claim- 
ants, of  all  and  every  the  said  Tracts  of  Land,  to  the  Northward  of 
the  said  Boundary  or  Partition  Line,  which  are  now  held  and  possessed, 
in  Virtue  of  Titles  derived  under  the  Government  of  New-Jersey,  as 
above  described,  and  their  Heirs  and  Assigns,  shall  severally  hold 
and  forever  enjoy,  the  Property  of  all,  and  any,  and  every  of  the  said 
Tracts  of  Lands  so  as  aforesaid  respectively  purchased  and  possessed, 
as  fully  and  in  the  same  manner,  to  all  Intents  and  Purposes  what- 
soever, as  if  the  same  had  by  Virtue  of  this  Act  been  determined  to  be 
within  the  Colony  of  New-Jersey,  without  any  Let,  Suit,  Disturbance 
or  Molestation,  of  any  Person  or  Persons,  claiming  or  to  claim,  by, 
from  or  under  any  Patent  or  Patents,  or  by  Virtue  of  any  Title  derived 
under  the  said  Government  of  New  -  York. 

IV.  Provided  always,  and  be  it  further  Enacted  by  the  Authority 
aforesaid,  That  it  shall  and  may  be  lawful  to  and  for  any  Person  or 
Persons,  claiming  Titles  under  the  said  Government  of  New- Jersey,  or 
the  General  Proprietors  of  the  same,  or  some  or  one  of  them,  to  any  of 
the  aforesaid  Lands  or  Tenements,  hereby  intended  to  be  secured  to 
the  Purchasers  and  Possessors,  under  the  said  Government  of  Neto- 
Jersey,  to  the  Northward  of  the  said  Boundary  or  Partition  Line,  to 
commence,  sue,  prosecute,  and  maintain  any  Writ,  Suit,  or  Action  for 
the  Recovery  of  their  Rights  ;  this  Act  being  only  designed  to  con- 
firm the  Titles  to  such  Lands  to  the  Northward  of  the  said  Partition 
Line,  as  are  in  Manner  aforesaid  actually  held  and  possessed  under  the 
Government  of  New-Jersey,  against  all  Claims  of  any  Person  or  Per- 
sons, claiming  or  to  claim,  by  virtue  of  any  Title  or  Titles,  derived  under 
the  said  Government  of  New  -  York,  but  not  to  determine  the  particular 
Rights  of  the  Claimants  of  such  Lands  under  the  Government  of  New- 
Jersey. 


Boundaries  of  the  State  of  New  York.  785 

V.  Provided  always,  That  this  Act  shall  not  be  in  Force  or  take 
Effect,  until  the  Governor,  or  Commander  in  Chief,  for  the  Time  being, 
the  Council,  and  the  General  Assembly  of  the  Colony  of  New  Jersey, 
do  pass  an  Act  similar  to  this  Act,  and  thereby  confirm,  the  Titles  of 
such  Persons,  as  hold  Lands  under  the  Government  of  New  -  York,  to 
the  Southward  of  the  said  Partition  Line,  in  the  same  Manner  as  those 
holding  lands  under  the  Government  of  New-Jersey,  to  the  Northward 
of  the  said  Line,  are  hereby  secured  ;  nor  until  his  Majesty  shall  have 
given  his  Royal  Assent,  both  to  this  Act,  and  such  other  Act  to  be 
passed  by  the  Governor,  or  Commander  in  Chief,  for  the  time  being, 
the  Council,  and  the  General  Assembly  of  the  Colony  of  New-  Jersey >t 
as  aforesaid. 

— [N  Y.  Laws,  1693-1773  (Van  Schaack's  ed.),  p.  602. 


[Colony  op  New  York.] 
CHAP.  MCCCCLXXX. 

An  ACT  to  amend  an  Act,  entitled,  An  Act  for  submitting  the  Property 
of  the  Lands  which  are  held  or  claimed  by  Grants  under  the  Great 
Seal  of  this  Colony,  [etc.,  as  above.]  *  *  * 

Pass'd  the  16V?  February,  1771. 

Whereas  the  Number  of  Agents  appointed  in  said  Act  are  the 
equal  Number  of  Six :  And  whereas  they  may  on  a  Division  be  equally 
divided,  and  by  that  Means,  the  Trust  reposed  in  them  by  said  Act  be 
greatly  frustrated  ;  for  Prevention  whereof  for  the  future, 

I.  Be  it  Enacted  *  *  *  That  to  the  Number  of  Agents 
appointed  by  the  said  Act,  entitled,  An  Act  for  submitting  the  Property 
[etc.,  as  above];  *  *  *  the  following  Persons  be  appointed 
as  an  additional  Number  of  Agents,  to  wit,  Benjamin  Seaman,  James 
Jauncey,  and  Simon  Boerum,  Esqrs,  who  shall  act  in  Conjunction,  and 
be  vested  with  all  the  Powers  and  Authorities,  to  all  Intents,  Con- 
structions, and  Purposes  whatsoever,  as  the  other  Agents  have,  that 
were  originally  appointed  by  the  aforesaid  Act ;  any  Thing  in  the  said 
Act  to  the  contrary  hereof  in  any  wise  notwithstanding. 

— [N.  Y.  Laws,  1691-1773  (Van  Schaack's  ed.),  p.  607. 


[In  N.  Y.  Council.] 

August  21,  1772. 
*  *  *  * 

His  Excellency  laid  before  the  Board  the  Copy  of  his  Majesty's  Order 
in  Council  dated  the  27V?  April  1770,  relative  to  the  Transmission  of  the 
proceedings  of  the  Commissioners  appointed  by  the  King's  Commission 
50 


786  Copies  of  Documents  Relating  to  the 

for  settling  the  Division  between  this  province  and  the  Colony  of  New 
Jersey,  and  desired  the  Opinion  of  the  Council  as  to  the  Steps  necessary 
to  be  taken  for  carrying  the  said  Order  into  Execution. 

The  Council  humbly  advised  his  Excellency  to  Order  a  Copy  of  his 
Majesty's  said  Order  to  be  served  on  Andrew  Elliot  Esquire  one  of  the 
said  Commissioners,  that  he  may  take  the  proper  Measures  for  carrying 
the  same  into  Execution,  and  that  his  Excellency  do  send  Notice  hereof 
to  Mr  Franklin  Governor  of  the  province  of  New  Jersey. 

— [N.  Y.  Council  Minutes  (MS.),  xxvi,  315. 


[Colony  of  New  Jersey.] 
Chap.  DLXIV. 
An  ACT  for  establishing  the  Boundary  or  Partition  Line  between  the 
Colonies  of  New-York  and  Nova-Caesarea  or  New- Jersey,  and  for 
confirming  the  Titles  and  Possessions. 

Passed  Sept.  26,  1772. 

WHEREAS  *  *  His  Majesty  was  pleased  to  declare  his  Appro- 
bation, and,  by  his  Royal  Commission  under  the  Great  Seal  of  Great- 
Britain,  bearing  Bate  the  seventh  Day  of  October,  in  the  seventh  Year 
of  his  Reign,  did  authorize  and  appoint  certain  Persons  therein  named, 
or  any  five  of  them,  to  be  His  Majesty's  Commissioners  for  ascertaining, 
settling,  and  determining  the  Boundary  aforesaid,  between  the  said 
Colonies.  AND  WHEREAS  a  sufficient  Number  of  the  Commissioners, 
named  in  the  said  Commission,  on  the  Seventh  Day  of  October,  in  the 
Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Sixty-nine,  did 
determine,  *  *  [as  already  recited  in  document  of  above  named 
date]. 

Sect.  1.  Be  it  therefore  Enacted  *  *  That  the  said  Partition 
Line,  so  decreed  by  the  said  Commissioners,  is  and  shall  for-ever  here- 
after remain  and  be  the  Boundary  and  Line  of  Partition  between  this 
Colony  and  the  Colony  of  New-  York. 

2.  And  be  it  Further  Enacted  *  *  That  James  Parker,  John 
Stevens  and  Walter  Rutherford,  Esquires,  or  any  two  of  them,  shall  be, 
and  hereby  are  appointed  Commissioners  to  join  with  such  as  are 
appointed  on  the  Part  of  the  Colony  of  New-  York  to  ascertain  and 
mark  the  said  Partition  Line  so  that  it  may  be  sufficiently  known 
and  distinguished;  *  *  [etc.,  almost  verbatim  with  Section  II  of  the 
New  York  act  of  Feb.  16,  1771]. 

*  *  *  * 


Boundaries  of  the  State  of  New  York.  787 

5.  Provided  always,  That  this  Act  shall  not  be  in  Force,  or  take 
Effect,  until  His  Majesty  shall  have  given  his  Royal  Assent  both 
to  this  Act  and  a  similar  Act  passed  by  the  *  *  Colony  of  N~ew- 
York,     *     *     [referring  to  that  of  Feb.  16,  1771]. 

— [N.  J.  Laws,  Allinson's  Compilation,  p.  368;  Paterson's  ed.,  p.  22. 


Earl  of  Dartmouth  to  Governor  Tryon. 

Whitehall  8th  December  1772. 

*  *  *  * 

I  am  very  glad  you  took  occasion  in  passing  thro'  New  Jersey,  to 
concert  with  Gov1-  Franklyn,  the  steps  proper  to  be  pursued  in  order 
to  the  transmission  of  a  regular  return  of  the  determination  of  the 
Commissioners  for  ascertaining  the  boundary  line  between  the  two 
provinces,  and  they  are  very  much  to  be  commended  for  having  made 
provision  for  quieting  the  possessions  of  the  bona  tide  purchasers  and 
settlers  on  the  borders  of  the  partition  line.  Had  the  same  attention 
been  shewn  in  the  case  of  the  possessions  of  the  purchasers  and  settlers 
under  the  grants  made  by  New  Hampshire,  within  the  district  between 
the  Rivers  Hudson  and  Connecticut,  those  unhappy  disturbances,  of 
which  you  have  so  repeatedly  complained,  would  I  think  not  have 
happened. 

*  *  *  * 

— [N.  Y.  Col.  Doc,  viii,  337,  338. 


[Colont  of  New  York.] 

An  Act  to  facilitate  the  Return  of  his  Majesty's  Commission 
under  the  Great  Seal  of  Great  -Britain,  and  the  proceedings 
thereon,  for  settling  the  Boundary  Line  between  this  Colony 
and  New  Jersey. 

[Passed  February  6,  1773.] 

Whereas  his  Majesty's  Commission  under  the  Great  Seal  of  Great 
Britain  for  settling  the  Boundary  Line  between  this  Colony  and  New 
Jersey  hath  not  hitherto  been  returned,  but  remains  together  with  all 
the  proceedings  of  the  Commissioners  thereupon,  in  the  Hands  of  John 
Jay  Esquire  the  Clerk  of  the  said  Commissioners,  who  is  doubtful 
whether  he  can  legally  deliver  up  the  said  Commission  and  proceedings 
to  any  Person  not  authorized  under  the  Great  Seal  of  Great  Britain,  or 
by  Act  of  Legislature  to  i-eceive  the  same. 

Be  it  therefore  Enacted  by  his  Excellency  the  Governor,  the  Council 
and  the  General  Assembly,  and  it  is  hereby  enacted  by  the  Authority  of 


788  Copies  of  Documents  Relating  to  the 

the  same,  That  it  shall  and  may  be  lawful  to  and  for  the  said  John  Jay, 
and  he  is  hereby  authorized  and  required  forthwith  to  deliver  to  the 
Commissioners  named  and  appointed  in  and  by  his  Majesty's  said  Com- 
mission or  to  either  of  them,  the  said  Commission  and  the  Acts  and 
proceedings  of  the  said  Commissioners  thereupon,  together  with  all  the 
Maps,  Evidence,  and  papers  which  remain  in  his  Custody  relative 
thereto,  in  order  that  a  Copy  of  the  same  proceedings  and  proofs  may 
be  transmitted  to  his  Majesty  in  privy  Council. 

City   of   New   York  the  5'?  February    1773. 

In  the  thirteenth  year  of  his  Majesty's  Reign. 

General  Assembly  for  the  Colony  of  New  York. 

This    Bill    having    been   read    three   Times, 

Resolved  That  the  Bill  do  pass. 

By  Order  of  the  General  Assembly 
John  Ceugkk,  Speaker 
City  of  New  York  6  *  of  February  1773. 
I  assent  to  this  Bill  enacting  the  same 
and  order  it  to  be  enrolled 

W?  Tryon 
—[AT".  Y.  Laws  (MS.),  in  Office  of  Sec'y  of  State;  title,  only,  Van 
Schaack's  ed.,  p.  718. 

Governor  Tryon  to  the  Earl  of  Dartmouth. 

New  York.  7  Feb7  1773. 
My  Lord, 

I  received  last  evening,  from  Mr  Elliot,  His  Majt7'g  Commission 
under  the  seal  of  great  Brittain,  and  the  proceedings  had  thereon,  rela- 
tive to  the  partition  line  between  the  Govern1"  of  New  York  and  New 
Jersey,  requesting,  I  would  transmit  the  same  to  His  Maj'7.  Mr  Jay, 
clerk  to  the  Commiss^,,  refusing  to  deliver  up  the  Commission  and  papers 
unless  authorized  by  an  express  order  of  the  Crown  under  the  great 
Seal,  or  act  of  the  Legislature,  I  yesterday  passed  a  Bill  of  that  tenor, 
a  copy  of  which  is  herewith  transmitted,  with  the  Commission  and 
papers,  also  Gov'  Franklyn's  letter  to  me  inclosing  an  Act  of  the 
Assembly  of  New  Jersey,  which  was  obtained  in  consequence  of 
the  conference  I  had  at  Amboy  last  September  with  the  Govr  and  other 
parties  concerned  in  the  premises  —  Should  these  proceedings  meet 
with  his  Majty"  approbation,  we  may,  I  hope,  soon  receive  the  Royal 
confirmation  to  the  territoria  Jurisdiction  between  the  two  Govern**. 

Your  Lordp  will  observe  the  Great  Seal  is  entirely  defaced  and  reduced 
to  a  small  Lump  of  wax,  which  is  the  case  of  almost  all  the  great  seals 
sent  from  Great  Brittain,  occasioned  by  its  being  chiefly  composed  of 


Boundaries  of  the  State  of  New  York.  789 

Rosin  which  is  reduced  to  powder  by  the  friction  of  the  voyage.  Were 
the  seals  to  be  formed  of  a  proper  mixture  of  Bees  wax  and  Turpentine 
without  any  Rosin,  they  would  arrive  uninjured;  a  circumstance  not 
without  its  weight  as  the  validity  of  those  instruments  have  been 
doubted  to  which  the  Greal  seal  has  been  affixed  and  defaced,  like  the 
one  to  this  Commission. 

I  am  with  all  possible  respect  and  Esteem, 
My  Lord, 

Your  Lordp'"  most  obedient  Servant 

WM  Tryon. 
— [N.  Y.  Col.  Doc,  viii,  349. 

Atthb   Court  at  St.   James's 
the  Vt  Day  of  September  1773. 
[l.  s.]  Present 

The  Kings  most  Excellent  Majesty 

Archbishop  of  Canterbury     *     *     [and  eight  others.] 

Whereas  the  Governor  of  His  Majesty's  Colony  of  New  York,  with  the 

Council  and  Assembly  of  the  said  Colony,  did  in  February  1771,  pass 

an  act  which  hath  been  transmitted  in  the  Words  following  —  Viz' 

"  An  Act  for  Establishing  the  Boundary  or  Partition  Line  between  the 
Colonies  of  New  York  and  Nova  Caesarea  or  New  Jersey  and  for  Con- 
firming Titles  and  Possessions." 

*  *  *  * 

Which  Act,  together  with  a  Representation  from  the  Lords  Commis- 
sioners for  Trade  and  Plantations  thereupon,  having  been  referred  to  the 
Consideration  of  a  Committee  of  the  Lords  of  His  Majesty's  most  Hon- 
orable Privy  Council  for  Plantation  Affairs,  the  said  Lords  of  the 
Committee  did  this  Day  Report  as  their  opinion  to  His  Majesty,  that 
the  said  Act  was  proper  to  be  approved  —  His  Majesty  taking  the  same 
into  Consideration,  was  pleased,  with  the  advice  of  His  privy  Council, 
to  Declare  his  approbation  of  the  said  act ;  and  pursuant  to  His 
Majesty's  Royal  Pleasure  thereupon  Expressed,  the  said  Act  is  hereby 
Confirmed,  finally  Enacted  and  Ratified  accordingly  —  Whereof  the 
Governor  Lieutenant,  Governor  or  Commander  in  Chief  of  His  Majesty's 
said  Colony  of  New  York  for  the  time  being,  and  all  others  whom  it 
may  concern  are  to  take  Notice  and  Govern  themselves  accordingly. 

Stbph:  Cottrell. 
— [Parchment  in  N.  Y.  State  Library  (3  large  sheets). 


790  Copies  of  Documents  Relating  to  tee 

[Warrant.] 

By  the  Honorable  Cadwallader  Colden  Esquire  his  Majesty's 
Lieutenant  Governor        *         * 

In  Council  the  Twenty-eighth  Day  of  October  1774. 

By    Virtue   of   an    Act   of  the   Legislature   of  this   Colony   passed 
the  Day  of  Pay  unto  John  De  Noyelles,  Samuel 

Gale  and  William  Wickham  Esquires,  or  the  Majority  of  them,  or  their 
Order,  the  Sum  of  One  hundred  Pounds  to  be  by  them  applied  towards 
defraying  the  one  half  equal  Part  of  running  the  Division  Line  between 
this  Colony  and  the  Colony  of  New  Jersey.  And  for  so  doing  this  shal| 
be  your  Warrant 

Given  as  above  — 
To  Abraham  Lott  Esquire  ) 

Treasurer  of  the  Colony  of  New  York  ) 

By  Order  of  his  Honor  in  Council. 
— INI  T.  Col.  MSB.,  ci,  21. 


[Field  Notes  op  Survey  op]  Jersey  Line.     Run  in  1774. 

Thursday  October  20?  1774  I1  Left  home  &  got  to  Tappan. 

21si 

Begun  as  near  as  we  Could  to  where  we  formerly  Set  a 
Stake  &  heap  of  stones  for  the  first  Mile  from  the  Station 
Rock  on  the  North  side  of  Geesner  Field  when  we  formerly 
Run  the  Line  in  1770  —  &  took  a  Range  nearly  S  54  E.  but 
we  fell  1  Ch.  83  Lks.  South  of  a  Stake  &  heap  of  Stones  we 
formerly  set  on  the  Top  of  the  Bank  on  a  Course  N  54?  35' 
W.  from  the  Rock  by  the  River. 

222? 

Begun  at  the  Same  Place  we  did  Yesterday  and  ofset  |_  N?  1 
Ch.  83  Lks.  &  Ranged  S.  54?  E.  but  we  fell  60  Lks.  S?  of 
Said  heap  of  Stones  on  the  top  of  the  Bank  being  68  Ch.  47 
Lks.  from  where  we  Begun  our  Range. 

Returned  to  the  End  of  68  Ch.  47  Lks.  &  Continued  our 

1  Mile  f  Range  N.  54?  15'  W.  at  11  Ch.  53  Lks.  more  being  one  Mile 

from   the   Stake  &  the  Stones  on  top  of  the  Bank:     Set  a 
Stake  &  heap  of  Stones  about  it  on  the  North  side  of  Gees- 
ners  field  &  put  one  Natch  in  the  Stake. 
At  80  Chains  Ended  in  Tappan  Timber  Swamp  Set  a  Sassa- 

2  D.°    [     frax  Stake  marked  with  two  Natches    Close  by  a  small  black 

Birch  Sapling  marked  N?  II 

1  This  seems  to  be  James  Clinton. —  [P. 


Boundaries  of  the  State  of  New  York.  791 

At    36    Ch.    75    Lks.    Crossed    Sparr   Kill-    D?   at   67   Ch. 
Crossed  Tappan  Road  -  S?.  of  Cornelius  Myrs  House  Stoped 
at  70  Ch.  at  Night. 
17741  October  23ri 

Sunday 
24^  Begun  at  the  End  of  the  said  70  Chains  &  Run  Thence 
the  same  Course  N  54?  15'  W.  10  Chains  to  the  End  of  the 

3  Miles  j.  Third  Mile  in  Cornelius  Myers  field  where  we  Set  a  Hickorie 

Stake  with  Stones  Round  it  marked  with  three  Natches;  the 
Westermost  part  of  a  Learge  Stone  or  Rock  Bearing  S.  4°  W. 
1  Ch.  41  Links  Distance 

N.  54°  15'.  W.  at  27  Ch.  a  Road  at  30  Ch.  L  B£  Blaufields 
house  at  80  Chains  Ended  in  Widdow  Herrings  Field  Left  a 

4  D°    j-     Button-wood  Stake  with  Stones  Round  it  marked  with  four 

Natches 

N.  54?  15'.  W.  at  37  Chains  50  Links  a  Road  about  2  Ch?  S?  of 

a  house  at  80  Chains  Set  a  Red  Oak  Stake  with  five  Natches  - 

5  P°    \     23  Lks.  back  of  a  red  Oack  Sapling  marked  on  three  Sides 

&  one  Natch  over  the  blaze  on  the  S.  E.  side 

N.  54?  15.  W.  at  33  Ch.  20  Lks.  Hackingsack  River  about  90 

Lks  wide  at  61  Ch.  20  Lks.  the  middle  of  a  Barrack  of  hay  — 
JLBl_f     at  61  Lks    L  N?  Iacobus  Perry's  house  ab'  2  Chain  Distance 

at  80  Chains  Left  an  Ash  Stake  marked  with  6  Natches  in 

Ml  Perrys  Woods  50  Lks.  beyond  a  Hickorie  tree  Blaz?  in 

the  Line 

1774.     October  24£ 

N.   54?    15'    W   at  28.  Ch.  85  Lks.   the   S.   W£   Corner  of 

Casparus  Mabees  Land  &  the  N.  W.  Corner  of  Isaac  Perry's 

Land  being  a  Stake  &  heap  of  Stones  6  Feet  N4  of  our  Line 
1  Mile  }  at  69  Chains  about  1  Chain  S±  of  Iohn  Perry's  house  at  80 

Chains  Set  a  Sassafrax  Stake  with  Stones  Round  it  marked 

with  7  Natches.  one  Rod  from  the  Woods  &  40  Lks.  East 

of  the  Line. 

N.  54?  15'  W.  at  10  Chains  Stoped  at  Night  &  whent  Back 

to  Jacobus  Perry's  to  Lodge. 

25'A  D^- 

At  30  Ch.  a  Mudy  Brook at  35   Ch.  30  Lks.  between 

two  white  Rocks  in  Martins  Steels  New  Land   about  5  Ch. 

S.  W.  of  his  house  at  73  Ch.  50  Lks.  in  Pascak  Brook  at  80 
8  Miles  J-  Chains  set  a  hickorie  Stake  with  stones  about  it  marked  with 

Eight  Natches Marked  a  Poplar  or  white  wood  S-£  &  a 

'This  "  1774"  is  repeated  at  the  top  of  each  page  of  the  original  Field  Book,  and 
its  repetitions  are  retained  in  this  copy. —  |_P. 


792  Copies  of  Documents  Relating  to  the 

hickorie  Sapling  faceing  S-i  Stake  10  Feet  Distance  in  a  Tim- 
ber Swamp 

N.  54?  15'  W.  at  5  Ch.  60  Lks.  a  Road  at  45  Ch.  L  N±  Iohn 
Maybees  house.  —  at  80  Ch.  Marked  a  black  Oack  Sapling 
9  T>'-\       with  N^.  IX  on  the  S.  E1?  Side  in  thick  Saplings  &  put  Stones 
Round  it  ab.'.  2  Ch.  Eastward  of  a  Field 

N.  54?  15'  W.  80  Chains  Ended  in  Field  Set  a  Stake  marked 
l2-iil\       with  N?  X  &  piled  Stones  about  it  about  8  Chains  from  Iacob 
Acason's  house  being  his  field 
IV  74  Octo5l  25* 

N.  54?  15'  W.  at  23  Chains  to  a  branch  of  Sadie  River  at  75 

11  Miles}  Ch<  50  Lkg  Sadle  RiVer —at  80  Chains  left  a  poplar  Stake 

marked  with  N?  XI  &  heap  of  Stones  about  it 

N.  54?  15'  W.  at  49  Ch.  Matoktemack  Brook  at  53   T  SI  Hen- 

12  D?  \       drick  Shelders  house  at  60  Ch.  50  Lks.  a  Brook  —  at  80  Ch. 

set  a  Hickorie  Stake  with  N?  XII  &  Stones  Round  it  ab!  4 
Ch.  Westward  of  a  Road  Lodged  at  Peter  Bushes  £  East- 
ward of  12  Miles  End.  — 
26* 

N.  54?  15'  W.  80  Chains  Set  a  Chesnut  Stake  N?  XIII 
D?  13[        with  Stones  Round  it  in  Woods  abA  Vi  of  a  Mile  S4  of  — 

N.  54?  is:  W.  at  10  C.  |  L  N±  a  house  abi  2  C.  Dist.  across 
two  Barracks  at  36  Ch.  a  bog  ab*  10  Ch.  N-i.  of  Coonrod 

14  D?f       Friscines  at  80  Chains  set  an  Ash  Stake  with  N£  XIV  & 

Stones  Round  it  in  Woods  ab.1.  3  Rods  N.  E?  of  a  Rock  about 

ten  feet  high 

N.  54?  15'.  W.  at  43  Ch.  5  feet  S4-  of  the  N.  End  of  Philip 
Vors  Barn  at  39  Ch.  |_  Ni-  1  Ch.  20  Lks.  Philip  Vors  house 

15  D^-[      at  55  Ch.  in  harverstraw  River  at  76  C.  the  Post  Road  —  at 

80  Chains  in  Derick  one  maker  or  chard  being  17  Lks.  on  a 
Course  N.  68  E.  from  the  S.  W.  Corner  apple  Tree  at  a  Stake 
N^-XV 

N  54?  15'  W.  at  34  Ch.   in  Ramapo  River  —  at  80  Chains 

16  P?  \        marked  a  Spanish  Oak  tree  with  N.2-  XVI  amongst  Notori- 

ous Rocks 
1774.     October  26* 
N.  54?  15'.  W. 

At  14  Ch.  15  Lks.  on  the  Top  of  Mountains 

at  80  Ch.   marked  a  with  oak  Sapling   with  N^-  XVII  put 

17  Miles  J  Stones  on  the  Northwest  Side  of  Said  Sapling This 

mile  Mountainous  and  Rocky Stoped  at  Sundown  & 

Lodged  at  Buskirks 


Boundaries  of  the  State  of  New  York.  793 

27? 

Begun  at  the  17  miles  End  &  Continued  our  Range  N 

54?  15'  W.  at  44  Ch.  Square  N±  about   12  or  15  Ch.  high  a 

Steep  Rocky  Mountain  -  -  -  at  60  Ch.  in  a  Swamp  at  68  C. 
}£±£\      the  W.  Edge  of  S4-  Swamp at  80  Ch.  Set  up  a  Chesnut 

Stake  with  N£  XVIII  in  Negro  Guy's  Improvement  &  put 

Stones  Round  it  N.  Eil  of  his  house 

N  54?  15'  W.  at  3  C.  L  Si-  about  2  Ch.  Negro  Guys  house 

at  24  C.  a  Brook  at  56  Ch.  50  Lks.  the  East  edge  of  Vandu- 
19  D^  I       sens  Pond at  68  Ch.  50  Lks.  the  West  Edge  of  said 

Pond  at  70  C.  L  S±  ab*  2  C.  a  house  -  -  -  at  80  C.   Left  a 

Beass  wood  Stake  N£.  XIX  with  Stones  round  it  amongst 

Rocks  near  a  foot  path. — 

N.  54?  15'  W.  at  38  Ch.  Si  of  a  Little  house  that  is  North  of 

Shepherds  Pound  —  at  80|  Ch.  Set  a  Chesnut  Stake  &  heap 
2£_5jrf       of  Stones  about  it  Ni.  XX  Stoped  at  Night  &  Lodged  at 

Sluts  having  about  3  Miles  to  walk 

28? 

At  Sluts  a  Rainy  Day 

2#? 

Begun  at  the  20'.?  Miles  End  with  Dennis  Morris  in 
Comp?  and  Run  thence  N.  54?  15'  W.  at  32  C.  Ring-wood 
Road  at  48  Ch.  Ring-wood  brook  —  about  60  Lks.  wide  — 
at  80  C.  set  a  Red  Oak  stake  marked  with  NiL  XXI  at  the 
Top  of  a  Mountain  within  1  C.  50  Lks.  of  a  place  Sup- 
posed  to   be   dug  for  Iron  oar put  Stones  Round  the 

Stake  

1774.     October  29*   I 

N.   54±  15'  W.  at  40  Ch.  L  N.  E^L  about  35   Ch.   Nobles 
Forge  at  80  Ch.  Set  a  Chesnut  State  maked  with  Nl  XXII 

22  Mile  f  on  the  North  side  of  Rocks  about  20  Ch.  West  of  S±  Forge 

being  in  View  of  part  of  y!  Pond  and  several  Houses 

N.  54?  15'.  W.  at  80  Ch.  left  a  Chesnut  Stake marked  with 

23  D*[      N£-  XXIII  and    Stones   about   it   in   Low   Land   about   20 

Ch.  Ni.  of  Mf.  Beech's  house 

October  30'.?  I 

Lodged  at  Mr.  Beech's  last  Night  &  begun  at  the  above 
23  Miles  End  —  Thence 

24  DU        N.  54?  15'  W.  80  Ch.  set  a  Dog  wood  Sapling  Stake-marked 

with    Ni    XXIV   and   put   Stones    Round   it   in   a   Rocky 
Country 


794  Copies  of  Documents  Relating  to  the 

N.  54?  15'  W  at  17  Ch.  a  Brook  about   20  Lks.  wide  at  80 

25  D°         Chains  Set  a  Chesnut  Stake   marked    with   N^  XXV  and 

Stones  Round  it  in  Sight  of  the  Long  Pond. 
N.   54?   15'  W.  at  40  C.  the   East  side  of  the  Long   pond 
Here  crossed  the  Long  &  Lodged  at  Lyon's 
P-^-  3l'l\  Found  the  Distance  to  be  across  the  Pond  36  Ch.  50  Lks. 
by  a  plot  which  takes  3   C.  50  Lks.  to  make  a  Mile  where 

26  Mile   \  we  set  a  Chesnut  Stake  marked  with  N°  XVI1  &  left  stones 

about  it 
1774  October  31/.*. 

N.  54?  15  W.  at  28  Ch.  30  &  36  Lks.  a  brook  that  falls 

Down  the  Mountain  —  at  63  Ch.  on  the  top  of  Long  pond 

2>I  Miles  1  Mountain  at  66  Ch.  in  a  Swamp  at  80  Ch.  left  a  Birch  Stake 

marked  with  N±.  XXVII  and  put  Stones  Round  it  in  water. 

N  54?  15'  W  at  43  Ch.  Long  house  Kill  ab!  50  Lks  wide  run- 

28  Miles  j.  ing  jf.  gd  at  80   Chain  set  a   Hickorie  Stake  marked  with 

N?  XXVIII  on  the  Top  of  the  Hill here  left  off  at  night 

l*Nevi  1774. 

We  Lodged  at  Voorhouses  and  the  Standfords  last  Night  & 
this  Morning  Continued  our  Range  for  6  Miles  across  Long 
Swamp  and  found  our  Course  was  N.  60?  W.  then  quit  & 
whent  Back  to  the  Long  house  Kill  to  find  the  Mistake 
&  Lodged  at  M*  Cambles 

2.4-. 

At  Voorhouses  &  Standfords  &  then  went  to  the  Long  house- 
Kill  &  Measured  our  Distance  from  the  Line  we  formerly 
Run  which  was  above  17  Ch.  Then  Run  back  S  54?  15'  E 
Several  Chains  &  took  our  which  left  our  former  Line 
Southerly  a  Little  at  our  28*  Mile 
3^- 

Thence  from  our  28.*  Mile's  End  Continued  our  Course  —  at 

29  DM      23  Ch.  a  Little  brook  at  54  a  Rocky  Hill at  80  Chains 

set   a    Chesnut   Stake   N?  XXIX   in   a  field   &  set   Stones 

round  it 

N  54°  15'  W  as  we  Suppose at  20  Ch.  a  Little  Brook 

30  D^r[      between  two  Houses  at  80  C.  Set  a  Stake  —  marked   with 

N?  XXX  and  Stones  Round  it  — 
1774  Novf  3T4 

at  6  Ch.  a  Brook  —  at  80  Ch.  set  a  Chesnut  Stake 

31  Miles  [  n?  XXXI  in  a  new  Cleared  Field  near  the  S.  W-£  corner 

within  y<i  Chain 

Continued    our   Range  at   17   Ch:   Double   Kill   at   80   Ch. 

1  So  in  original. — [P. 


Boundaries  of  the  State  of  New  York.  795 

82  Miles  |  marked  a  white  Oak  Stake  N?  XXXII  25  Lks.  Back  from  the 

Mile's  End  the  Mile  being  in  the  high  Way 

4th  D° 

Continued  our  Course  which  proved  to  be  N  57?  30  W  at 
17  Ch.  Wawayander   Kill   at  80  C.   Set  a  Sassafrax   Stake 

33  D°  \       n?  XXXIII  &  stones  Round  it  — 

Continued   our   Course   at  34    C.    the  East  Edge  of   Long 

34  [  Swamp  at  8  Ch.  Set  a  hickorie  Stake  N?  XXXIV  in  Woodes 

Continued  our  Course  at  36  C.  Wawayanda  Creek  at  80  C. 
Set  a  Stake  -N^  XXXV  in  Den  Deckers  Field  but  as  our 
36  D?  \       Course  was  N  57?  30  W.  we  ofset  N  30°  43  E.  34  C.  being 
Calculated  for  7^3  Miles 
Thence  we  whent  to  Deckers  toLodge 
1774.     November  5» 
Thence  Begun  at  the  End  of  the  34  Ch.  End   &   Run  N. 

36  Miles     54?  15'  W.  at  80  Ch.  set  a  Chesnut  Stake  N?   XXXVI  by  a 

Little  Hollow  on  the  East  side  of  Pochunk  Mountain 

37  D°  (       N  54M5'  W.  at  80  Ch.  Set  a  Chesnut  Stake  N^  XXXVII  on 

the  North  side  of  a  hollow  in  Pochunk  Mountain 

N   54°.    15'    W   at   80   Chains    Set   a   Stake    marked    with 

38  D?  J.       jy •.  XXXVIII  in  the  Drownded  Lands  near  the  East  side 

Lodged  at  S.  Kings 
6^  D?  \ 

Begun  at  the  Stake  at  the  End  of  38  Mile  but  found  our 

39D?[       Compass  Pointed  on  a  Course  N   57°.   30  W.  but  Run  N 
54°.  15  W.  at  49  C.  an  Hand  at  69  C.  30  Lks  the  Wallkill 
at  80  C.  Set  a  Stake  marked  with  N?  XXXIX  in  the  West- 
erly side  of  the  Drownded  Lands 
N  54°.  15'  W.  at  34  C.  the  Road  — at  80  C.  marked  a  white 

40D?r  [      Oak  Stake  with  Ni-  XL  in  thick  Brush  &  woods 

N  54°.  15'  W.  at  5  Ch.  L  SI  about  8  C.  Kimber's  house  at 
23  C.  Kimber's  Brook  stoped  at  45  C.  &  went  to  Meekers 
to  Lodge 
7*  D?_  \ 

Begun  at  the  Place  we  left  off  Last  Night  at  80  Ch.  Set  a 

41  D^-f      Stake  in  a  wheat  Field  Marked  with  Ni  XLI  ab!  4  Ch.  S±  of 

Clarks  house  &  Road 

N.  54°.  15'  W  at  80  C.  Set  a  Stake  marked  with  Ni-  XLII  on 

42  D^{-      the  Top  of  a  high  hill  &  Stones 

1774  Nov™  1$\ 

N  54°.  15'  W.  at  35  C.  Wood  Chuck  Brook  — at  80  Chains 

43  Miles  [.  set  a  Sassifrax   stake   with   N£    XLIII  in   a  Low    Timber 

Swamp 


796  Copies  of  Documents  Relating  to  the 

N  54°  15  W.  at  19  Ch.  50  Lks.  Lamas  hook  Brook  — at  80 
44  D?  f       C.  Set  a  Maple  Stake  marked  with  |T&  XLIV  and  Stones 
Round  it 

N  54°.  15' W.  At  30  Ch.  the  Lindakillilu  —  at  70  Ch.  Stoped 
at  Night  &  Lodged  at  Abraham  Middaghs 


8^  D° 


Begun  at  the  70  Ch.  End  at  80  Chains  Set  a  Stake  marked 

45  D°  f        with  N4  XLV  and  Stones  Round  it 

N  54°.  15  W.  at  80  Chains  set  a  Chesnut  Stake  marked  with 

46  D^  f      NI  XLVI  on  the  Top  of  Miniscink  Mountains 

N  54°.  15  W.  at  80  Ch.  set  a  Stake  marked  with  N?  XL VII 
in  a  Little  hollow 

N  54°  15  W.  at  70  Ch.  Westfalls  Mill  Brook  — at  80  C.  Set  a 
Stake  being  black  Oak  marked  with  N!^  XL VIII 
N  54°.    15'  W.  at  28   Ch.   Ended   1   Ch.   of  Mahaghameek 
Stoped  &  Lodged  at  Simion  Westfall's 
9S  D?l 

Begun  at  the  28  Ch.  End  &  Run 
S.  35°.  45  W.  14  Chains 
N.  54.  15  W.  6  D? 
N.  35.  45  E.  56  Lks. 
N.  54.  Iff  W.  4  C.  to  the  Station  point 
1774.  N^  lift 

Begun  at  the  48  Miles  End  Thence  S.  35°  16'  W.  offsett 
13  Ch.  11   Lks.  to  a  Stone  Lettered  on  the  North  west  side 
with  New  York  and 
48*  Mile  I       tfo  48 

15JD?(     at  47  Mile 

46^  D?  \     at  46  D?  on  Minisinck  Mountain  near  the  Top 

No=  12t} 

at  45  Mile  Set  a  Stone  on  the  S.  E^  Side  of  Minisinck  near 
the  foot  to  the  South  Side  of  a  Little  Field  about  8  or  10 

45-  D°  f     Ch.  Si  of  a  house  one  Middagh 

at  44  Mile  Set  a  Stone  in  Low  Ground  or  Timber  Swamp 

at  43  Mile  Set  a  Stone  in  Low  Timber  Land  &  Stoney 

at  42  Mile  Set  a  Stone  on  the  S.  W-L  Side  of  a  high  hill 

At  41  Set  a  Stone  on  the  N.  E|?  Side  of  a  Small  hill  &  Road 

41-  P-  f     about  14  C.  S.  Wi  of  Clark's  house 

At  40  of  set  S.  b5°.  15  W.  9  Ch.  40  Lks.  in  Kimber's  field 

40"  D? }     &  Set  a  Learge  Stone  N.  Y.  &  N.  J.  and  put  Stones  Round  it 
1774. 


Boundaries  of  the  State  of  New  York.  797 

At  39  Mile  offset  S  35°.  15'  W.  8  Ch  93  Lks.  through  Swany 
39th  Mil  I  a'OI,g  tne  Edge  of  the  Drownded  Lands  and  set  the  Mile  Stone 

1  about  1  Ch.  50  Lks.  on  the  upland  in  thick  Yong  Timber 

Novi  14* 

Begun  at  the   38*  Mile  — thence  S.  35°.   15l  W.  8  C.  46 
r  Lks.  to  a  Stone  about  6  Feet  Long  Standing  about  Six  Rods 
38'?  D?    |  S.   W-i  of  a  point  of  upland  on  the  Easterly   Side  of  the 
I  Drownded  Lands 
Offset  from  j±  S7«  Mile's  End  S  35°.  15'  W.  to  where  we  Set 
22?}  the  37*  Mile  Stone  Standing  in  a  Little  hollow  on  I'ochunk 

Mountain  about  2  C.  Eiz  of  a  little  Swamp 
Nov£  15* 

Ofset  from  the  36*  Miles  End  S  35°.  15'  W.  16  C.  54  Lks. 

r  and  Set  the  Mile   Stone  on  Pochunk    Mountain  on   the  S. 

36*  D?    1  E*  Side  of  the  Top  about  20  Ch.   &  Mark'd  Several  Trees 


faceing  it 


i  at  35  Mile  made  an  Ofset  S.  35°.  15'  W.  16  C.  7  Lks.  where 

I  we  placed  the  35*  mile  Stone  in  Pochunk  Drownded  Lands 

m  Do     j  at  34  Miles  ofset  N.  26th  15'  E.  13  C.  to  where  we  sett  the 

— : i — 1  Stone  on  the  East  Edge  of  a  small  Swamp 

ofset  N.  26.  15.  E.  9  Ch.  81  Lks.  where  set  the  33-i.  Mile  Stone 
831  at  the  Foot  of  Lime  Stone  Rocks  about  12  G.  N.  W.  of 

.  Willet  De  Key's  house 
1774_ 

Ofset  N  26°.  15'  E.  5  Ch.  75  Lks.  to  the  Northe  Side 
32  Mile  f  of  Mf  Camble's  Orchard  5  Ch.  75  Links  North  of  the  Road 

November  16*  a  Rainy  Day  ^ 

November  17* 

Offset  from  the  318.?  Mile  N.  26°.  15'.  E.  1  Ch.  72  Links  and 
31,t  D?  f     set  up  a  Stone  in  the  West  Edge  of  a  New  Cleared  Field 

At  30  Miles  offset  2  Ch.  33  Lks.  &  set  up  a  Stone  in  a  Rocky 
30~  D?  [     Hollow  about  80  Links  Westward  of  a  Road 
29*  1)?  j.     Off-Set  6  Ch.  38  Lks.  Set  a  Stone  on  a  hill  in  a  Field 

Off-Set  10  Ch.  45  Lks.  and  Set  a  Stone  on  the  S.  W.  Side  of 
28"  D?  f     a  Hill  about  10  Ch.  N.  Ei.  of  one  Browns  house 

Off-Set  S.  35°.  15'  W.  12  Ch.  24  Lks  and  Set  a  Stone  in  Rocky 
27"  D°  f     Land  on  the  Westerly  Side  of  a  Great  Swamp 

Off-S.  35°.  15' W.  11  Ch.  77  Lks.  which  would  go  in  the 
26*  D?  f  Long  Pond  but  we  Set  a  Stone  about  50  Lks.  from  the  Pond 
being  26  Miles  &  1  Ch.  on  the  West  Side  thereof 
Off-Set  S.  35°.  15'.  W.  11  Ch.  28  Lks  &  Set  the  Stone  at  the 
25"  D?  |  North  End  of  a  Little  Swamp  &  to  the  S.  W.  of  a  Rocky 
Hill  where  there  is  a  Stone  house 


7J)8  Copies  of  Documents  Relating  to  the 

Off-set  S.  35°.  15'  W.  10  C.  80  Lk.  &  Set  the  Mile  Stone  at 
24"  Df }     the  foot  of  a  hill  Close  by  a  Coal  Kill 

Nov_-_19ft  i 

Off-Set  from  the   23d   Mile  S.  35°.  15'  W.  10  Ch.  33  Lks.  & 
23  •  Hi  I     set  the  Stone  in  thick,  Brushy,  Swampy  Land  about  10  Ch. 
Ni  of  Beech's  house 

m± 

Off-Set-   S   35°.    15'    W.  and  put  a  Learge  Stone  on 

22  .  Mile  J.  the  S.  E.  side  of  a  very  Rocky  hill  the  Stone  being  so  hard  it 

Could  not  be  well  Cut 

Off-Set  S.  35°.  15  W.  9  Ch.  39  Lks  in  a  Old  Road  &  set  the 
21"  -^° }     Stone  near  the  West  Side  of  a  high   Hill   in  thick  young 

woods 

Off-set  S.  35°.  15  W.  8  Ch.  93  Lks.  in  a  piece  of  Meadow 
20"  ™  f     belonging  to  Ringwood  Iron  works  &  set  the  Stone 

Off-Set  S.  35°.  15'.  W.  8  Ch.   35  Lks.   between  Shepherd's 
_19"  P°  [     Pond  &  Vandusen  Pond   but  nearest  the  last  and  set  the 

Stone 
18ft  D?  j-     off-Set  S  35.  15  W  and  Set  a  Stake  in  Negro  Guy's 

field  about  5  Ch.  S»  of  His  house 
20ft  November 

at  Sluts 
21* 

Off-Set  S  35°.  15'  W.  1  Ch  48  Lks  -  -  -  and  set  a  Stone  on 
17th  D°       the  Nd  Side  of  a  Clove 

Off-Set  35°.  15'.  W.  V  Ch.  and  Set  a  Stone  in  a  Clove  near  the 

Easterly  Side  of  Ramopough  Mountain 

Off-Set  S  35°.  15'  W.  6  Ch.  53  Lks.  in  Onemakers  [Wanne- 
15-h.  Mile  \  makers]  Field  near  his  Line  N£  of  Conrod  Fredrick's  house 

about  5  Ch.  on  the  Wiz.  Side  of  the  Post  Road 
14th  D?  f     Off-set  S  35°.  15'  W.  6  Ch.  6  Lks.  and  Set  a  Stake  in  Woods 
—[Meld  Book  (MS.)  in  N.  Y.  State  Engineer's  Office,  xvii,  461. 


[Surveyors'  Certificate.] 
We  James  Clinton  of  Ulster  County  in  the  Province  of  New  York  & 
Anthony  Dennis  of  Monmouth  County  in  the  Province  of  New  Jersey 
surveyors  Employed  by  the  Commissioners  appointed  by  acts  of  Assem- 
bly of  the  said  Provinces  for  ascertaining  and  marking  the  Partition 
Line  between  the  said  Colonies  Do  Certify  that  we  have  run  the  said 
Partition  Line  with  the  utmost  care  and  Exactness  we  were  Capable  of 
that  in  riming  said  Line  we  found  in  several  parts  thereof  the  Needle 


BOUNDARIES   OF  THE  STATE   OF  NEW   YORK.  799 

attracted  which  we  Corrected  by  staking  that  from  the  Station  Rock 
Marked  on  the  West  side  of  Hudsons  River  in  the  Latitude  of  forty  one 
Degrees  to  the  fork  or  Branch  formed  by  the  junction  of  the  Stream  or 
Waters  Called  the  Machockemack  with  the  River  Called  Delaware  or 
Fishkill  the  Course  according  to  the  Best  of  our  Judgment  is  North 
fifty  four  Degrees  and  forty  minutes  West  as  the  Magnetic  Needle  now 
Points  and  that  this  Distance  between  the  two  stations  is  forty  eight 
mile  aud  thirty  eight  Chains  In  Witness  whereof  we  have  hereunto  set 
our  hands  and  seals  the  twenty  sixth  Day  of  November  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  seventy  four 

Sealed  &  Delivered  •  James  Clinton 

in  the  presence  of  Anthony  Dennis 

Barent  Martlings 
Jacob  Garrabrants 
— [A7!  Y.  Col.  MSS.,  xcvii,   137;  Ni  Y   Council  Minutes  (MS.),  xxvi, 
427;  N.  Y.  Senate  Doc,  1875,  No.  17,  p.  28. 


[N.  Y.  Commissioners'  Report.] 

In  pursuance  of  an  Act  of  Assembly  of  the  Colony  of  New  York 
entitled  "An  Act  for  establishing  the  Boundary  or  Partition  Line 
between  the  Colonies  of  New  York  &  Nova  Caesaria  or  New  Jersey,  & 
for  confirming  Titles  &  Possessions." 

And  of  one  other  Act  of  Assembly  of  the  Colony  of  New  Jersey  enti- 
tled "An  Act  for  establishing  the  Boundary  or  Partition  Line  Between 
the  said  "  Colonies  of  New  York  and  Nova  Caesaria  or  New  Jersey  & 
for  confirming  the  Titles  and  Possessions."  We  William  Wickham  & 
Samuel  Gale  two  of  the  Commissioners  in  the  first  of  the  said  Acts 
mentioned  &  John  Stevens1  &  Walter  Rutherfurd  two  of  the  Commis- 
sioners in  the  other  of  the  said  Acts  mentioned  Do  hereby  certify,  that 
we  have  ascertained  &  marked  the  Partition  Line  in  the  said  Acts  men- 
tioned so  that  it  may  be  sufficiently  known  and  distinguished.  In  doing 
this  Business  we  have  been  greatly  assisted  by  James  Clinton  and 
Anthony  Dennis  Surveyors  by  us  appointed  for  that  purpose  as  will 
more  particularly  appear  by  their  Certificate  hereunto  annexed.  That 
the  Rock  on  the  West  side  of  Hudson's  River  marked  by  the  surveyors 
in  the  said  Acts  mentioned  in  the  Latitude  of  45°,  we  have  marked  with 
a  straight  line  throughout  its  surface  passing  through  the  place  marked 
by  the  said  Surveyors  &  with  the  following  words  and  figures  to  wit 
Latitude  45°  North  &  on  the  south  side  thereof  the  words  New  Jersey 

1  Mr.  Stevens'  signature  does  not  appear  at  end  of  report,  as  here  copied  from 
the  original  MS.  records;  but  it  is  found  in  its  order,  as  below  in  brackets,  in  the 
printed  copy  given  in  JV.  Y.  Sen.  Doc.,  1875,  No.  17,  p.  28. —  [P. 


800  Copies  of  Documents  Relating  to  the 

and  on  the  North  side  thereof  the  words  New  York.  That  we  have 
marked  Trees  agreeable  to  the  said  Acts  standing  in  the  said  line  with 
a  Blaze  &  five  notches  under  the  same.  And  that  we  have  erected 
stone  Monuments  at  one  mile  distance  from  each  other  along  the  said 
line  except  the  Monument  number  twenty-six,  which  by  reason  of  the 
long  Pond  we  were  obliged  to  place  one  chain  further  from  the  station 
on  Hudson's  River.  And  we  have  numbered  the  said  Monuments  from 
the  West  side  of  Hudson's  River,  beginning  with  Number  one,  &  end- 
ing with  Number  forty  eight,  &  have  marked  the  words  New  York 
on  the  North  side  of  each  of  the  said  Monuments  &  the  words  New 
Jersey  on  the  South  side  of  each  of  the  said  Monuments. 

In  Witness  whereof  we  have  hereunto  set  our  hands  &  seals  the  thir- 
tieth day  of  November  one  thousand  seven  hundred  &  seventy  four, 
Sealed    &    Signed  )  W.  Wickham  L.  S. 

in  presence  of      S  Sam"  Gale  L.  S. 

Rob!  Hull  [John  Stevens.]1 

Ch!  Wickham  Crooke  Wal"  Rutherfukd    L.  S. 

— [N.  Y.  Col.  MSS.,  ci,  35;  JST.  Y.  Council  Minutes  (MS.),  xxvi,  426; 
JST.  Y  Sen.  Doc,  1875,  No.  17,  p.  27. 


[In  N.  Y.  Council.] 

March  22,  1775. 

■p  V  »K  ■»» 

The  following  Warrant  was  Signed  by  his  Honor  with  the  Advice  of 

the  Council. 

N?  2303.  To  Samuel  Gale  and  William  Wickham  Esquires  Surviving 
Commissioners  appointed  by  An  Act  of  the  Legislature  of 
this  Colony  passed  the  16'f1  February  177]  for  ascertaining 
and  marking  the  Partition  Line  between  this  Colony  and 
the  Colony  of  New  Jersey,  the  Sum  of £100..0..0 

— [JST.  Y.  Council  Minutes  (MS.),  xxvi,  428. 


The  Partition  Line  between  the  States  of  New  York  and  New  Jer- 
sey, from  the  Delaware  to  the  Hudson,  thus  ascertained  and  marked 
while  these  States  were  yet  colonies,  after  almost  a  century  of  con- 
troversy, has  since  1775  been  recognized  as  the  actual  boundary.  By 
a  re-survey  of  the  line  made  in  1874  under  the  direction  of  Professor 
George  H.  Cook,  New  Jersey  State  Geologist,  it  was  found  that  the 
line  is  not  a  straight  line  or  the  arc  of  a  great  circle,  but  rather  a 
1  See  last  preceding  foot-note. — [P. 


Boundaries  of  the  State  of  New  York.  801 

magnetic  rhumb  line,  with  its  curvature  southward  of  a  straight  line 
and  also  of  a  true  rhumb  line.  The  deviation  from  a  straight  line  at 
its  greatest  extent  amounts  to  almost  half  a  mile;  and  the  area  thus 
gained  to  New  York  may  be  estimated  at  from  six  to  eight  square 
miles.  It  also  appeared  from  the  said  re-survey  that  one-third  of  the 
monuments  originally  marking  the  line  were  no  longer  existing.  It 
was  accordingly  proposed  by  the  authorities  of  New  Jersey  that  the 
two  States  should  unite  in  a  rectification  of  the  line,  and  in  causing 
durable  monuments  to  be  erected  thereon.  The  former  part  of  this 
proposal  was  not  favorably  entertained  by  New  York,  and  the  original 
line  has  recently  been  acknowledged  by  duly  authorized  commis- 
sioners of  both  States  as  the  valid  boundary  between  them.  The 
original  monuments  were  also,  in  1882,  replaced  by  new  and  durable 
ones,  under  the  direction  of  the  said  commissioners.  For  these  recent 
proceedings,  reference  is  made  to  N~.  Y.  Senate  Doc.  No.  IV,  of 
1875,  which  is  mainly  a  reprint  of  Professor  Cook's  report  to  the 
Governor  of  New  Jersey,  dated  Sept.  8,  1874;  also  to  N~.  Y.  Senate 
Doc.  No.  20,  of  1882,  and  N~.  Y.  Assem.  Doc.  No.  161,  of  1883.  It 
only  now  (1883)  remains  for  the  Legislatures  of  the  two  States  to 
ratify  the  final  action  of  the  commissioners,  and  thus  to  establish, 
beyond  all  further  question,  the  validity  of  the  line  as  ascertained 
and  marked  in  1774. 
51 


INDEX. 


-A-.  PAGE. 

Acadia I,     42 

conveyed  to  France 44 

included  in  the  2d  Massachusetts  charter 53,     54 

boundaries  of,  denned II,     65 

granted  to  Latour,  Temple  and  Crowne,  by  Oliver  Cromwell II,     65 

restored  to  France  and  granted  to  Grand  Fontaine II,     65 

See  Nova  Scotia. 

Acason,  John II,  192 

Acts  (Conn.  Col.)  for  perfecting  the  running  of  New  York  and  Connecticut 

line II,  256 

(Conn.  State)  of  cession,  I,  157;  before  Congress 1,  166 

for  completing  the  line  between  Connecticut  and  New  York II,  275 

(Ga.)  to  make  a  cession  of  lands  to  United  States I,  196  et  seq. 

Great  Britain,  extending  the  boundaries  of  Quebec I,     88 

Great  Britain,  for  the  government  of  Canada I,     90 

(Md.)  ratifying  the  Articles  of  Confederation «. I,  161 

(Mass.    Col.)  appointing  commissioners  to  examine  the   New  York 

boundary  line II,  122 

(Mass.  State)  of  cession  of  western  lands I,  183 

ceding  Boston  Corner  to  New  York;  referred  to   240 

appointing  commissioners  to  ascertain  the  boundary  between  Massa- 
chusetts and  New  York '. II,  179 

authorizing  Congress  to  appoint  commissioners  for  running  the  New 

York  and  Massachusetts  line 194 

empowering  agents  to  defend  the  claims  of  Massachusetts  against  New 

York 201 

granting  time  to  commissioners  for  running  New  York  and  Massa- 
chusetts line 202 

ceding  Boston  Corner  to  New  York 219 

(N.  J.  Col.)  for  running  and  ascertaining  New  Jersey  and  New  York 

line  II,  606 

for  running  and  ascertaining  New  Jersey  and  New  York  line,  disallowed, 

645 ;  opposed  by  freeholders  on  New  York  side  of  the  line 649  et  seq. 

the  king  advised  to  disallow 656  et  seq. 

referred  to 730 

for  submitting  the  property  of  lands  in  dispute  between  New  York 

and  New  Jersey  to  the  king,  1762 749 

for  submitting  to  the  king  the  controversy  about  the  boundary  between 

New  York  and  New  Jersey,  1764 ... 750 

for  establishing  the  boundary  between  New  York  and  New  Jersey,  etc., 

786;  referred  to 799 

(N.  J.  State)  for  the  settlement  of  the  boundary  between  New  Jersey 
and  New  Y  ork, 1833 I,  236 


804  Index. 

Acts —  Continued.  page. 

(N.  Y.  Col.)  to  divide  the  Province  into  counties 1683,  I,  38;  1691,  30 

referred  to II,  674 

concerning  the  boundaries  of  Cumberland  and  Gloucester  counties I,     83 

appointing    commissioners    to    settle    the    boundaries    with    Massa- 
chusetts  209,  II.  175 

providing  for  payment  of  expenses  of  surveyors  of  New  York  and 

Quebec  line 42,     43 

appointing  commissioners  to  examine  the  eastern  boundaries 113 

for  facilitating  the  settlement  of  the  New  York  and  Massachusetts  line,  153 
empowering  commissioners  to  settle  the  Massachusetts  and  New  York 

line 156 

to  expedite  the  settlement  of  the  New  York  and  Massachusetts  bound- 
ary dispute 170 

to  raise  money  for  the  expenses  of  running  Connecticut  line 255 

for  running  the  Connecticut  line 264 

for  paying,  etc.,  several  debts  (including  expenses  for  running  New 

York  and  New  Jersey  line) 605 

for  buying  an  instrument  for  running  Jersey  line  fails  to  become  law,  644 

concerning  elections  of  representatives,  etc. ;  referred  to 674 

to  settle  the  bounds  of  Orange  county;  referred  to 675 

for  submitting  controversy  between  New  York  and  New  Jersey  to  the 

king,  1754.-712;  lords  of  trade  submit  it  to  lords  justices 730 

ordered  to  be  repealed 732 

for  submitting  the  property  of  lands  in  dispute  between  New  York  and 

New  Jersey  to  the  king,  1762 ,   747 

amending  act  for  submitting  to  the  king,  etc.  (1768) 752 

for  establishing  the  boundary  between  New  York  and  New  Jersey  (1771 ),  754 

amending  act  for  submitting  to  the  king,  etc.  (1771 ) 757 

for  establishing  the  line  between  New  York  and  New  Jersey,  and  for 
confirming  titles  and  possessions,  782;  referred  to,  799;  approved  by 

the  king 789 

amending  act  for  submitting  the  property  of  the  land  (as  above) 785 

to  facilitate  the  return  of  his  majesty's  commission  for  settling  the  line 

between  New  York  and  New  Jersey 787 

(N.  Y.  S.)  to  facilitate  the  completion  of  the  articles  of  confederation, 

etc I,  143  et  seq. 

of  cession  of  western  lands,  I,  149;  before  United  States  Congress  . . .  166 
concerning  the  claims  of  Massachusetts  to  New  York  territories. .  214,  II,  200 

concerning  the  erection  of  Vermont  into  a  new  State 1 ,  224 

concerning  the  boundaries  between  New  York  and  New  Jersey,  1833, 

mentioned 236 

for  running  the  lines  between  New  York  and  Pennsylvania 253 

to  designate  the  line  between  New  York  and  Vermont,  II,  80;  accept- 
ing cession  of  Fair  Haven  by  Vermont 87 

appointing  commissioners  to  examine  eastern  boundaries 113 

amending  act,  to  appoint  commissioners  to  complete  the  running  of  the 

New  York  and  Massachusetts  boundary  line 183 

appointing  agents  to  vindicate  the  right  of  New  York  against  the 

Massachusetts  claims 184 


Index.  805 

Acts  —  Continued.  page. 

authorizing  United  States  to  appoint  commissioners  to  run  New  York 

and  Massachusetts  boundary  line 191 

accepting  the  cession  by  Massachusetts  of  Boston  Corners 220 

to  provide  for  expenses  of    New  York  and  Connecticut  boundary 

commissioners 387 

for  the  settlement  of  disputed  boundary  between  New  York  and  Con- 
necticut, failed  to  become  law 458 

to  provide  for  survey  and  settlement  of  New  York  and  Connecticut  line,  479 

providing  for  settlement  of  New  York  and  Connecticut  line 583 

ratifying  New  York  and  Connecticut  commissioners'  agreement  of  1879,  593 
(N.  C;  of  cession  of  land  to  United  States,  I,  186;  repealed,  ib. ;  action 

of  Congress  on  same 187 

(Penn.)  establishing  and  confirming  the  boundary  line  between  Pennsyl- 
vania and  New  York I,  274 

lo  complete  the  purchase  of  Lake  Erie  Triangle 329 

(U.  S.)  to  establish  a  government  in  Mississippi  territory I,  195 

(U.  S.)  for  the  admission  of  Vermont  into  the  Union 229 

(U.  S.)  relinquishing  to  Pennsylvania  title  to  land  on  Lake  Erie 295 

(U.  S.)  concerning  settlement  of  New  York  and  Connecticut  line II,  596 

(Va.)  of  cession  of  land I,  179 

(Vt.)  for  ascertaining  northern  boundary II,  43 

to  establish  the  line  between  New  York  and  Vermont 81 

annexing  part  of  Fair  Haven  to  New  York , . . .' 87 

Adams,  John,  United  States  Minister I,  117,  120 

Additional  lands  on  the  Connecticut  line II,  358  et  seq. 

Adlum,  John,  appointed  Surveyor  General  of  Pennsylvania I,  310 

Agreement  between  New  York  and  Massachusetts,  settling  the  boundary 

line I,  211 

between  New  York  and  Massachusetts  respecting  lands  west  of  Hud- 
son river 216,  II,  202 

between  JNew  York  and  New  Jersey  respecting  the  boundary  line I,  235 

of  Hartford  between  New  Netherland  and  New  England,  concerning 

the  boundary  line II,  225 

between*  the  royal  commissioners  and  Connecticut  delegates 228 

between  New  York  and  Connecticut  respecting  the  boundary  line,  1683,  244 
of  Greenwich,    made  between    New  York  and  Connecticut  commis- 
sioners, 1725,  336;  ratified,  347,  by  Connecticut 353  et  seq. 

made  at  Dover,  N.  Y.,  between  New  York  and  Connecticut  boundary 

commissioners,  1731 355  et  seq. 

of  New  York  and  New  Jersey  commissioners  over  the  boundary  line,  611  et  seq. 

Alandar  Mountain II,  222 

Albany I,  27,  29,  30,  33,  63,  69,  81,  260 

County  of,  established 29 

ferry , II,  205 

treaty  at,  1701,  with  five  nations I,  102 

latitudes  of  places  between,  and  northern  boundaries  to  be  ascertained,   II,  2 

"  that  miserable  place  ". 18 

a  Massachusetts  settlement  sixteen  miles  east  of 95 

New  Tork  and  Massachusetts  boundary  commissioners  to  meet  at 98 


806  Index. 

Albany  —  Continued.  page. 

sheriff  of  County  of,  directed  to  arrest  Massachusetts  invaders 116 

insurrection  in 155 

Albany.     See  Fort  Orange. 

Aldworth,  Robert,  grantee  of  Pemaquid  Patent I,     31 

Alexander,  James,  II,  666,  686,  696;  of  the  New  York  Council II,  298,  303 

report  by,  on  proceedings  of  Massachusetts  General  Court 107 

of  New  York,  deputy  clerk  of  council 610 

New  Jersey  and  New  York,  boundary  commissioner 646,  652 

dissents  from  report  of  council  on  New  York  and  New  Jersey  boundary 

disputes 677 

Member  of  New  York  Council  and  of  New  Jersey  Council,  and  one  of 

the  proprietors  of  East  Jersey 688,  745 

Surveyor  General  of  New  Jersey 611,  619,  740,  632,  635 

Alleghany,  County  of I,  301 

Alleghany  Mountains I,  186 

Alleghany  River I,  268,  304,  308 

land  on,  granted  to  Cornplanter 334 

Allen,  John,  commissioner  for  Pemaquid  I,  37;  sheriff  of  Pemaquid,  ib. 

Allsopp,  George,  deputy  clerk  of  Quebec  Council II,     33 

Allyn,  Capt.  John,  Secretary  of  the  Connecticut  boundary  commissioners. .     I,     58 
Secretary  of  Connecticut,  letter  to,  from  Governor  Dongan,  II,  238; 
appointed  commissioner  to  treat  with  New  York  about  the  boundary, 

242,  243,  264 

Allyn,  John,  Sen.,  Connecticut  boundary  commissioner I,  24;  II,  227 

Alsop,  Mr II,  677 

Amboy,  N.  J II,  600 

Amenia  Union  P..  O U,  421 

Anderson,  John,  of  Oyster  Bay,  petitions  governor  of  New  York  for  Cap- 
tains Islands,  Long  Island  Sound,  II,  373;  patent  1o,  for  the  same. . .  II,  373 
writ  issued  against  for  trespass  by  Connecticut,  377;  trial  of,  in  Con- 
necticut    328  et  seq. 

Anderson,  William II,  341 

Andrews,  Charles  B.,  Governor  of  Connecticut,  letters  from,  to  Governor 
Cornell  of  New  York,  II,  594,  596;  letters  to,  from  same,  594;  joint 

memorial  to  Congress  of,  and  Governor  of  New  York 595 

Andros,  Sir  Edward I,  34,  39,     72 

Governor  of  New  England 47 

appointed  Governor  of  Pemaquid,   46  ;  King  Philip's  war  winked 

at  by 46 

Governor  of  New  York,  claims  for  New  York  all  the  land  west  of 

Connecticut  River II,  233 

letters  to,  from  D.  of  York,  II,  232,  233;  from  Sir  J.  Werden,  I,  26, 
II,  233,  234;  letter  from  to  Governor  Leete,  234  ;  report  from,  on 

New  York I,    22 

Annehooks  Neck I,  28.     30 

Anticosti,  Island  of I,    87 

Apalatian  Mountains I,  71,  186 

Argal,  Captain,  attacks  the  French  on  the  Penobscot II,     65 

Arlington,  Town  of,  Vermont I,  227 ;  II,     83 


Index.  807 

PAGE. 

Armstrong,  John,  Jr. ,  Secretary  of  Pennsylvania I,  258 

delegate  from  Pennsylvania I.  290 

Armstrong,  William,  I,  266, 285;  letter  from,  to  President  of  Pennsylvania,  I,  273 

report  of,  to  Pennsylvania  Executive  Council 287 

Arnold,  delegate  from  Rhode  Island I,  172 

Arnold's  River •  •  D.     59 

Arrowsmith,  Edmund It     44 

Arrowsmith  Island,  settlements  on,  destroyed  hy  Indians I,     42 

Articles  of  agreement  between  New  York  and  Connecticut  concerning  the 

boundaries I»     58 

for  treating  of  peace  between  America  and  England I,  118 

See  Agreements. 
Assembly,  General,  of  New  York,   letter  to,  from  Ed.  Burke,  agent  of 

New  York I,    92 

B. 

Backus,  Samuel  D. ,  of  Kings  County,  New  York,  boundary  commissioner,  II,  387 

Bailey,  Brigadier-General,  letter  from,  read  in  New  York  Com.  of  Safety,     I,  114 

Baker's  Island II,  57 

Bald  Mountain I,  194 

Baldwin,  Abraham,  delegate  from  Georgia I,  196,  311 

Baltimore,  Lord  Frederick,  Baron  of I,  241 ;  II,  653 

Bancker,  Evert,  Speaker  of  New  York  Assembly I,  161 

Bancker,  Gerard,  New  York  boundary  surveyor,  1, 176;  report  of,  and  of 
Boundary  Commissioner  Nicoll,  117  et  seq.,  New  York  boundary 

commissioner ^ 184 

assists  in  the  survey  of  New  York  and  Massachusetts  line 205  et  seq. 

letter  from,  to  Governor  Clinton,  182,  187,  and  Phil.  Schuyler,  to  the 

same    189 

Bangor,  Me.,  joint  boundary  commissioners  meet  at II,  55 

Bankers,  John,  Connecticut  boundary  commissioner II,  232 

Banks,  Joseph,  of  Greenwich,  Conn.,  claims  Calves  Island II,  368 

Banksville II,  415 

Banyar,  G.  W.,  Secretary  of  Province  of  New  York II,  38 

Banyar,  Goldsborow,  Deputy  Secretary  of  the  Council II,  152,  171 

Barberie,  John,  Member  of  New  York  Council II,  621 

Barclay,  J.,  Deputy  Register  of  New  Jersey II,  640 

Barlow,  F.  C,  Attorney-General  State  of  New  York,  letter  to,  from  J.  L. 

Cadwalader II,  562 

letter  from,  to  D.  Pratt 573 

Barne  Islands I,     28,  30 

Barnegat  Creek JJ,  599,  758 

Barnhart's  Island II,  50 

Barrington,  Mass II,  210 

Bath,  John,  Earl  of II,  766 

Baxter,  George  N.,  New  Netherland  boundary  commissioner II,  226 

Baxter's  (Upper  Sault)  Island II,  51 

Bay,  Mr I,  142 

Baye  des  Chaleurs I,  87,  91 


808  Index. 


PAGE. 


Bayard,  Nicholas H;  603 

Bayard,  William,  New  York  boundary  commissioner II,  763,  744,  779 

Beach,  Abijah |T    4gg 

Beauharnois,  M.  de,  Governor  of  Canada II,     65 

Beaver  Hunting  Country,  the  boundaries  of I,  104  et  seq. 

Beaver  Island   H)     52 

Beaver  Pond  Brook  jj    362 

Bedford,  Town  of I,  29,  61;  II,  251 

encouraged  by  Connecticut  to  revolt  against  New  York 284,  475 

Bedlow's  Island I;  236 

Beech,  Mr.,  II,  193;  his  house ...  798 

Beef  River,  fort  built  by  the  French  on II,     67 

Beekman,  Col.  M. ,  of  New  York  General  Assembly II,  705 

Beekman,  Gerard,  member  of  New  York  Council II,  621 

Beeman,  Joseph,  Vermont  boundary  commissioner I,  232 

Beeman,  Joseph,  Jr.,  Vermont  boundary  commissioner II,    81 

Bell,  John,  New  York  boundary  commissioner I,  61 ;  II,  248,  256 

Belcher,  Jonathan,  Governor  of  N  ova  Scotia II,     66 

Governor  of  Massachusetts 93,  94;  672,  685,  714  et  seq. 

letters  from,  to  Governor  of  New  V  ork 97,  656,  686,  703,  706 

letters  to,  from  Lieutenant-Governor  Delancey 683 

memorial  to,  from  proprietors  of  Eastern  New  Jersey. .  661  et  seq. ;  690  et  seq. 
Bellmont,  Earl  of,  Governor  of  New  York I,  105 ;  II,  251 

letter  to,  from  Lords  of  Trade 603 

Benedict,  Benjamin,  of  Ridgefield II,  351 

Benedict,  James    \ H,  351 

Bennington,  Town  of I,  227,  233;  II,     82 

Benson,  Egbert,  New  York  boundary  commissioner,  I,  214;  acts  in  New 

Hampshire  controversy  matter 225 

appointed  agent  for  New  York  before  Congress II,  185 

Benson,  Robert I,  229 

Benson,  Mr I,  142 

Benzel,  Adolphus,  surveyor  of  the  New  York  and  Canada  line II,  7  et  seq. 

letters  from,  to  John  Collins,  8 ;  to,  from — 9 

complained  of,  as  not  doing  his  duty  personally 10 

Bergen,  County  of,  New  Jersey II,  600,  781 

Berkeley,  Lord  John I,  63,  72,  II,  662,  757,  et  seq. 

and  Sir  George  Carteret  receives  New  Jersey  from  Duke  of  York I,    23 

Berkshire  County,  Mass I,  240,  II,  219 

Bernard,  Francis,  Governor  of  Massachusetts ;  I,  212,  II,  66,  159 

Bethune,  Nathaniel I,  223 

Biddle,  Charles,  letters  to,  from  A.  Ellicott I,  266 

mentioned    275 

Billop's  plantation II,  600 

Bingham,  William,  delegate  from  Pennsylvania I,  292 

Bird,  Mr I,  247 

Bird  Island  in  Niagara  River II,     52 

Birdsall,  Benj.,  of  Ridgefield II,  251 

Bland,  delegate  from  Virginia. I,  170 

Blanfield,   S II,  791 


Index.  809 


Blockhouse  on  Sheepscot  River I.    42 

Blount,  delegate  from  North  Carolina I,     73 

Bluff  Island II,     51 

Bobin,  J.,  deputy  secretary  of  New  York II,  91,  610 

Boerum,  Simon,  New  York  boundary  commissioner II,  757 

Bog  Valley II,  420,  488 

Bornet,  Isaac I,  322 

Boston,  Colony  of,  dispute  between,  and  New  York  feared  over  boundary 

question II,  600 

Boston,  Town  of I,     93 

Boston  Corner II,  471,  493 

ceeded  by  Massachusetts  to  New  York 219,  239 

commissioner  appointed  to  receive,  from  Massachusetts 220 

map  and  survey  of 221 

Bouchette,  Col.,  line  run  by,  and  Mr.  Johnson II,     56 

Boudinot,  delegate  from  New  Jersey I,  172 

Boundaries  between  the  English  and  French  colonies I,     64 

of  the  Beaver  Hunting  Country 104 

of  Connecticut,  according  to  the  charter II,  226 

of  Georgia I,  195 

of  Massachusetts  defined I,  75,  et  seq. 

of  New  York  under  grant  of  Duke  of  York I,  10,  22,     23 

as  described  by  Governor  Sloughter,  62;  by  Cad.  Colden,  66  ;  by  Gov- 
ernor Clinton,  68  ;  Douglas  History  of  America,  69 ;    described  by 

Governor  Tryon 100 

derived  from  two  sources 100 

a  committee  appointed  to  state  the 114 

delegates  in  Congress  instructed  as  to 151 

as  described  by  Revised  Statutes 230 

northern,  the  south  side  of  St.  Lawrence,  the 65 

between  New  York  and  Canada,  Indians  desire,  to  be  settled 107 

Boundary,  northern,  of  New  York,  the  St.  Lawrence  River 81 

western,  of  New  York,  New  York  act  concerning 149,  et  seq. 

western,  of  New  York,  declaration  of  New  York  delegates  concerning,  164 

line  between  New  York  and  Canada  not  determined 67,     71 

Boundary  line,  determination  of  New  York  and  Canada II,  1  et  seq. 

report  of  commissioners  on  New  York  and  Connecticut I,     24 

between  New  York  and  Connecticut  confirmed 58,  70,     71 

statement  of  the  rights  of  New  York  concerning 72  et  seq. 

eastern,  of  New  York,  the  Connecticut  River 81 

monuments  erected  along  the  Connecticut  and  New  York  line I,  231 

as  described  in  agreement  of  1664 II,  228  et  seq. 

between  New  York  and  Massachusetts,  how  established I,  209 

between  New  York  and  New  Hampshire,  fixed  by  royal  order  in 

council I,     82 

with  New  .1  ersey  disputed I,     68 

settlement  of,  between  New  York  and  New  Jersey  in  1719,  referred  to      I,     71 

between  New  York  and  New  Jersey  described 236 

field  notes  of  survey  of I,  790  et  seq. 


810  Index. 

Boundary  line  —  Continued.  PAGI! 

between  New  York  and  Pennsylvania,  determination  of I,  241  et  seq. 

to  be  run  from  point  on  Delaware  River 244  et  seq. 

report  on,  by  commissioners,  247;  monuments  placed  on 248 

cost  of  fixing  the  beginning  of 250 

determined  by  Pennsylvania  law 274 

between  New  York  and  Vermont  settled I,  227 

of  Pennsylvania  unsettled I,     98 

between  Pennsylvania  and  Maryland  settled I,  241 

established  by  Mason  &  Dixon 279 

northern,  of  Pennsylvania,  report  on I,  251  et  seq. 

difficulty  in  procuring  instruments  to  determine 260 

of  United  States,  negotiations  regarding 120  et  seq. 

United  States  Congress  has  no  original  jurisdiction  on,  of  States I,  123 

northern,  of  United  States,  120  et  seq. ;  determined  by  Congress,  I,  114; 

as  settled  by  the  peace  with  Great  Britain 118 

western,  of  United  States,  objections  to  by  England  and  Spain 120 

Boundaries,  see  Pennsylvania,  New  York,  New  Jersey,  Connecticut,  Massachu- 
setts Acts. 
Bowdoin,  James,   Governor  of  Massachusetts,  letters  from,  to  Governor 

Clinton II,  203,  204 

Bradley,  Dr I,  248 

Bradstreet,  Simon,  commissioner  of  United  English  Colonies II,  226 

Brandt,  Col.,  Indians  attached  to I,  302 

Brasher,  Mr I,  142 

Brasier,  Thomas II,  617 

Brattle,  Wm.,  Massachusetts  boundary  commissioner I,  212;  II,  157 

Breda,  treaty  of,  1667 II,  65,  102,  757 

Bridgeport,  Conn.   II,  573 

Briggs,  Henry II,  487 

Brockhols,  Anthony,  Commander  at  New   York,  letter  from,  to  Justice 

Jocelin  at  Pemaquid I,     36 

Bronx  land I,     28 

Brook,  Lord  and  others,  grantees  of  Connecticut II,  564 

Brookhaven,  L.  I I,     29 

Brooklyn,L.I I,  29,     30 

Brown,  James,  of  Ridgefield II,  351 

Browns,  Jonathan I,  322 

Brusee,  Corn II,  177 

Bruyn,  Jacobus,  Jr.,  New  York  boundary  surveyor I,  231,  II,  355 

Buchanan,  James,  Secretary  of  State,  letter  to,  from  A.  Smith II,     54 

Buckingham,  Governor  of  Connecticut,  messages  from,  to   Connecticut 

legislature II,  458,  480,  553 

Buckland,  George I,     44 

Buffalo,  N.  Y I,  335 

Buffalo  Creek,  Indian  settlement  at I,  321 

Bur,  Jehu,  Connecticut  boundary  commissioner II,  248 

Burke,  Edmund,  agent  of  the  Colony  of  New  York I,     89 

amendments  to  the  Quebec  bill  by 91 

letter  from,  to  General  Assembly  of  New  York 92 


Index.  811 

PASS. 

Burnett,  William,  Governor  of  New  York I,  113 ;  II,  89 

letters  to,  from  Governor  of  Connecticut,  II,  270;  from  Lords  of  Trade, 
II,  324;  letters  from,  to  Lords  of  Trade,  2!)0;  to  justices  of  Westchester,         326 

message  from,  to  New  York  General  Assembly II,  322 

Burr,  Peter,  Connecticut  boundary  commissioner,  II,  252  ;  reappointed, 

255,  257,  263,  296,  326;  dead 327 

Burt,  Benjamin,  of  Ridgefield II,  357 

Bush,  Justus,      )  , ,      ,   •    . 

Bi  sh    D     'd       (.  da*m  to  De  owners  of  Captains  Island  under  commis- 

Bushi  William,  )     seers' grant II,  377  et  seq. 

Bushe,  Peter    II,  792 

Bushwick,  L.  I I,  29,     30 

Buskirn II,  792 

Butler,  Benjamin  F. ,  New  York  boundary  commissioner I,  235 

Butler,  Richard,  General,  appointed  commissioner  to  effect  Lake  Erie  tri- 
angle purchase I,  298,  300,  303,  333 

letter  from,  to  Governor  Mifflin I,  309 

Butler,  Colonel,  Indians  attached  to I,  302 

of  the  British  Rangers,  at  Niagara I,  321 

Byllynge,  Edw II,  765 

Byram  River,  I,  58  et  seq.,  70,230,  244,  262,  265,  275,  320,  390  et  seq.,  413 

et  seq,  462  et  seq.,  484,  564 

c. 

Calves'  Island,  near  mouth  of  Byram  R II,  368 

Cadaracqui,  Niagara  or  Iroquois  River I,  69,  115,  119 

Cadwalader,  John  L.,  letter  from,  to  Attorney  General  Barlow,  II,  562; 

letter  to,  from  H   J.  Scudder 574 

Cachunwasse  (Twenty  Canoes),  chief  of  the  Senecas I,  304 

Calves'  Island,  Long  Island  Sound,  claimed  to  be  under  Connecticut II,  368 

Camble,  Mr II,  794 

Cambridge,  Vt II,    83 

Campbell,  Hume,  attorney  for  Jersey  proprietors  in  London II,  657 

Canada I,  67,  88,  95,    98 

conveyed  to  France I,    44 

boundaries  of,  extended 64 

Five  nations  extend  their  conquests  to 66 

the  French  of,  not  to  interfere  with  the  Five  nations 66 

determination  of  boundary  line  between,  and  New  York II,    et  seq. 

southern  line  of  : 14 

La  Nouvelle  France,  extends  from  Florida  to  the  Arctic  circle 65 

Upper,  to  be  given  to  the  United  States I,  121 

County  of,  part  of  Maine  called 41 

County  of,  assigned  to  Earl  of  Stirling,  41 ;  to  Duke  of  York 41 

lakes  of,  the  northern  boundary  of  N.  Netherland 62 

riverof 8,  9,     10 

Year  Book  and  Almanac  of,  extract  from,  relating  to  northern  bound- 
ary of  United  States II,  65-75 

See  Quebec. 


812  Index. 

PAGE. 

Canaguaraghe,  Indian  name  for  Niagara  Falls I,  105 

Canahogue  Creek I,  104 

Cape  Anne,  Mass I,     43 

Cape  Cod 1, 10,  22,  53,  54;  II,  65,  101  757 

islands  between,  and  Cape  May  belong  to  New  York 231 

Cape  Cornelius  (Henlopen) II,  101 

Cape  de  Roze II,    65 

Cape  Florida ' I,     71 

Cape  Henlopen  (Cornelius) I,  114;  II,  101,  756 

country  north  of,  sold  to  William  Penn I,     50 

Cape  Malabar    I,    53 

Cape  May 1,24,  114;  II,  599,  662,  757 

islands  between,  and  Cape  Cod  belong  to  New  York 231 

Cape  Newaggan,  settlement  at,  destroyed  by  Indians I,     42 

Cape  Kosieres I,     87 

Carleton,  Brigadier,  commander-in-chief  of  Canada II,  3,  5 

Carlton,  GoVernor I,  97  et  seq. 

Carlton  Island II,     51 

Carolina I,  64,  71,     96 

North I,  122 

act  of,  ceding  lands  to  United  States,  186;  action  of  Congress  on  same,         187 

urged  to  make  a  cession  of  land  to  United  States 190 

act  of  cession  by,  193 ;  accepted  by  Congress 195 

South I,  122,  124,  156 

urged  to  cede  western  lands  to  United  States 190 

act  of  cession  by,  191 ;  accepted  by  Congress 192 

Carr,  Sir  Robert I,     33 

Carroll,  Daniel I,  166 

Carterett,  Sir  George I,  63,  72;  II,  662,  757  et  seq:  764.  et  seq. 

and  Lord  Berkeley  receive  New  Jersey  from  Duke  of  York I,     23 

East  Jersey  to  be  granted  to II,  599 

Carteret,  Capt.  James,  of  New  Jersey,  letter  to,  from  Gov.  Lovelace II,  598 

Cartwright,  George,  one  of  the  royal  commissioners  in  1664..  I,  25,  33;  II,  230,  565 

Casco ,  11,  65 ;  destroyed I,     46 

Cashiektunk,  Indian  settlement  on  Fishkill  br.  of  Delaware  river  ...  I,  66;  II,  613 

station  at,  not  correctly  determined,  740,  742;  referred  to 744 

Castine,  Me I,    36 

Caton's  Island II,     57 

Cats  Islands II,     51 

Cawwanishee  Flats I,  268 

Caynunghage  Creek I,  105 

Cedar  Mountain II,  210 

Chambers,  John,  Member  of  New  York  Provincial  Council II,  115,  673,  706 

Chamness,  Henry I,     44 

Chandler,  J.,  of  the  Massachusetts  General  Court II,  106 

Massachusetts  boundary  commissioner 122,  135 

Chapen,  Israel,  General,  of  Massachusetts I,  319,  322,  323 

Chapman,  Alfred II,  488 

Chapman,  John,  Deputy  Surveyor II,  617,  664 


Index.  813 

PAGB. 

Charles,  Robert,  Agent  of  New  York  in  England I,  89;  II,  739,  774 

directed  to  oppose  New  Jersey  act II,  650  et  seq. 

opinion  of,  on  the  New  York  and  New  Jersey  boundary  question II,  654 

thoughts  of,  on  the  same 659 

before  Lords  of  Trade II,  657 

letters  from,  to  Speaker  James,  II651 ;  to  Lieutenant-Governor  Delancey,  ib. 

Charles  II,  of  England I,  73;  II,  661,  756 

grants  New  Netherland  to  Duke  of  York I,     32 

grants  monopolies 43 

grants  Pemaquid  to  Duke  of  York 44 

grants  the  patent  for  Pennsylvania 50 

Charles  River I,  216 

Charlevoix,  the  historian,  of  Canada I,  109 

Chase  Mountain II,  421 

Chateaugay  River II,     67 

Chatham,  Earl  of,  denounces  the  Quebec  bill I,     90 

Chebatewesett,  Indian  name  for  Prudence  Island I,     49 

Cheesecock  Act I,    99 

Cheesecock's  Patent,  II,  693  et  seq.,  709;  bordering  on  New  Jersey 666 

Chenango  river I,  219 

Chiconecto,  Bay  and  River I,     69 

Chimney  Island II,     51 

Chimney  Point , II,     17 

Chota.  old,  Indian  town I,  194 

Christy,  Col. ,  house  of.  on  River  Cole II,  12,     13 

Chrystler's  Island II,     51 

Cickendall,  Peter,  J.  P.  of  Orange  county II,  741 

Clap,  John II,  342 

Clark  — II,  795 

Clark,  delegate  from  New  Jersey I,  171 

Clark,  Horace II,  488 

Clarke,  Lieut.,  at  Niagara I,  321 

Cla'ke,  Geo. ,  Lieutenant-Governor  of  New  York II,  741 

New  York  boundary  commissioner 257 

Lieutenant-Governor  of  New  York,  interested  in  the  Minisinck  patent,  II,  666 
letters  from,  to  Lords  of  Trade,  II,  94,  98;  message  from,  to  New  York 
Assembly,  96 ;  letters  to,  from  Cad.  Colden,  I,  66 ;  from  Lords  of  Trade, 

96;  from  Governor  of  Massachusetts 97 

Clarke,  Thomas,  Deputy  Clerk  of  Massachusetts II,  106,  111 

Claverack,  II,  205;  lands  of,  invaded  by  Massachusetts II,  115 

Cleveland,  Ohio I,  \Vi 

Clinton,  ( Jharles,  a  surveyor H(  666 

Clinton,  George,  Governor  of  Colony  of  New  York I,  68, 108;  II,  645, 

661,  672,  698 

reports  on  affairs  in  New  York  Province I,     68 

letters  from,  to  Governor  Phips,  11,117;  Lords  of  Trade II,  648 

letters  to,  from  Governor  Shirley,  II,  121;   Governor  of  Boston,  II, 

105,  111;  New  Jersey  commissioners,  II,  646;  Governor  Belcher....  II,  656 
message  from,  to  New  York  general  Assembly LT,  109 


814  Index. 


Clinton,  George,  Governor  of  State  of  New  York,  letters  from,  to  Governor 

of  Pennsylvania,  I,  256,  267;  R.  R.  Livingston,  4;  E.  Benson II,  188 

letters  to,  from  Charles  DeWitt,  I,  181;  G.  Bancker,  183,  187;  G. 
Bancker  and  P.  Schuyler,  189;  Governor  of  Pennsylvania,  258;  New 
York  boundary  commissioners,  263;  Simon  De  Witt,  264;  John  Jay 
313;  New  York  delegates  in  Congress,  II,  199;  Governor  of  Massa- 

chusetts 20:J,  204. 

Clinton,  James,  New  York  boundary  commissioner I,  234,  259,  263,  275 

New  York  Surveyor II,  780,  798 

field  notes  by,  of  the  survey  of  the  New  Jersey  line II,  790  et  seq 

Clymer,  delegate  from  Pennsylvania I,  173 

Coffin,  Tristram,  Chief  Magistrate  of  Nantucket 1,  48 

Colden,  Alex.,  Surveyor  General  of  Colony  New  York  and  Land  Commis- 
sioner   II,  373 

directed  to  survey  the  New  York  and  Quebec  line 12 

commission  to,  for  surveying  New  York  and.  Quebec  line 13 

prevented  by  gout  to  survey  the  New  York  and  Quebec  line,  12;  dep- 
utizes Thomas  Valentine 15 

letters  to,  from  Gov.  Tryon,  12,  13;  from  Thos.  Valentine,  14,  16,  17, 

18,  21,  22;  from  J.  Collins 17,  21 

letters  from,  to  Gov.  Tryon,  12;  to  John  Collins,  15,  30;  to  Thos.  Val- 
entine    29 

Colden,  Cadwallader,  Surveyor  General  of  Colony  of  New  York. ...  I,  66,  II,  644 
letters  from,  to  Lieutenant  Governor  Clark,  I,  66 ;  Lieutenant  Governor 

of  New  York I,  274 

letters  from,  to  Governor  of  Pennsylvania,  I,  244,  245 ;  Lords  of  Trade, 

II,  151,  152 ;  Governor  of  Connecticut 380 

letters  to,  from  Governor  of  Connecticut,  I,  381 ;  J.  T.  Kempe 776 

messages  from,  to  General  Assembly,  I,  249 ;    II,   43 ;   to  New  York 

Council : II,  152 

issues  proclamation  concerning  eastern  boundary  line I,  84 

New  York  boundary  commissioner,  I,  231,  II,  139,  303  ;  re-appointed,  330,  353 

Cole  River II,  12,     13 

Collins,  John II,  8  et  seq.,  23  et  seq.  40  et  seq. 

Deputy  Surveyor  General  of  Quebec,  letter  to,  from  A.  Benzel,  II,  8; 

from  Alexander  Colden,  15,  30;  from,  to  Alexander  Colden 17,  21 

of  the  Quebec  council 33 

line  run  by  Valentine  and 56 

journal  of,  missing 38 

letter  from,  to  Governor  Tryon 37 

Colve,  A. ,  Governor  of  New  Netherland 1,  48 

Commissioners,  royal,  settle  the  government  of  Pemaquid 1,  44 

Conant,  founder  of  Massachusetts 1,  43 

Conawango  River I,  273,  287,  304,  315 

observatory  at I,  267 

lands  on,  reserved  to  the  State  of  Pennsylvania I,  301 

Condict,  delegate  from  New  Jersey I,  1 72 

Connecticut,  Colony  of,  I,  53,  67,  100, 103,  114;  II,  102  et  seq.,  759;  State  of,     I,  122 

charter  granted  to 226 


Index.  815 

Connecticut — Continued.  page. 

patent  of,  in  1630,  referred  to 564 

Long  Island  does  not  belong  to I,     25 

claims  of 73  et  seq. 

cedes  claim  to  western  lands 157 

action  of  Congress  on  it 166 

cession  of  lands  by,  accepted  by  Congress 188,  l'J8  et  seq. 

recognizes  tbe  jurisdiction  of  New  York  over  Six  Nations 268 

recommended  to  release  western  lands 168 

claims  part  of  Westchester  county,  New  York II,  238 

exercises  jurisdiction  over  Calves  Island,  Long  Island  Sound 368 

claims  islands  in  Long  Island  Sound 368,  377,  382 

western  reserve  of I,  198 

boundaries  of II,  269 

as  described  in  patent  of  1630 564 

boundary  line  between,  and  New  York,  I,  24,  25,  27,  70;  between,  and 

Long  Island,  II,  367;  between,  and  New  York  confirmed I,     58 

settlement  in  1725  referred  to 71 

statement  of  New  York  Assembly  concerning 72 

appoints  commissioners  to  negotiate  with  New  York  concerning  the 

boundary  line II,  242 

boundary  commissioners  of,  instructions  to,  243;  before   New  York 

Council 244 

agreement  between,  and  New  York  concerning  the  boundary  line 244 

letter  to,  from  New  York  commissioners,  II,  259;  letter  from,  to  same,  260 

fail  to  meet  New  York  commissioners 304 

proposals  of,  to  New  York  commissioners 305,  313 

approved,  327 ;  instructions  to  same 328 

communication  from,  to  New  York  commissioners,  334;  agreement 

made  by,  with  same 336 

reopens  the  New  York  boundary  question,  1855 385 

commissioners  reject  proposals  of  New  York  commissioners 400 

boundary  commissioners,  report  of,  434  et  seq. ;   report  of,  to  General 

Assembly  on  the  boundary  question,  481 ;  received  by  Legislature. . .  501 

joint  committee  of  legislature  on  boundary  line,  report  of  557 

Governor  of  Colony  of,  appoints  a  new  commission  for  completing  the 

New  York  and  Connecticut  line 296 

answers  to  questions  made  by  Lords  of  Trade 235 

Governor  and  Council  of,  letter  from,  to  Governor  Dongan 238,  239 

Council  of  Colony  of,  direct  a  resurvey  of  the  New  York  line 262,  268 

order  copy  of  the  boundary  commissioners  to  be  sent  to  New  York . . .  299 
General  Court  of  Colony  of,  appoints  commissioners  to  accompany  the 

Governor  to  New  York 227 

grants  permission  to  purchase  islands  in  Long  Island  Sound 234 

asserts  Connecticut's  claims  to  Fisher's  island 235 

claim  jurisdiction  as  far  as  Hudson  river 236 

proceedings  in,  on  the  agreement  about  the  New  York  and  Connec- 
ticut line 248 

votes  to  instruct  agent  in  England  regarding  the  New  York  line 250 

General  Assembly  of  Colony  of,  declaration  of,  claiming  Long  Island. .  227 


816  Index. 

Connecticut —  Continued.  pagjs. 

proceedings  in,  relating  to  claim  to  Long  Island 231 

sends  communication  to  Governor  of  New  York  claiming  jurisdiction 

to  Hudson  river 236 

proceedings  of,  on  receipt  of  royal  confirmation  of  agreement  of  1683,  251 
agent  of,  in  England  opposes  royal  confirmation  to  New  York  acts  for 

running,  etc II,  322 

relinquishes  claim  to  Rye  and  Bedford 251 

appoints  new  commission  to  run  the  New  York  and  Connecticut  line, 

252;  another  commission,  254;  another 257 

appoints  commissioners  to  erect  monuments  on  New  York  and  Con- 
necticut line 263 

proceedings  in,  on  report  of  New  York  joint  committee  relative  to 

boundary . 291  et  seq. 

reappoints  boundary  commissioners  to  run  New  York  line  with  New 

York  commissioners 325 

urges  the  completing  of  the  New  York  and  Connecticut  boundary 

survey 350  et  seq. 

ratifies  boundary  agreement  of  1725,   and  directs  the  completion  of 

survey 353  et  seq. 

State  of,  Legislature  of,  appoints  a  joint  committee  on  report  of  bound- 
ary commissioners,  444;  report  of  joint  committee 444 

directs  boundary  commissioners  to  conclude  the  New  York  boundary 

case 447 

proceedings  in,  on  New  York  and  Connecticut  boundary  case 448,  449 

451,  459,  460 

joint  committee,  report  of • 451 

report  of  joint  committee  to,  on  the  New  York  boundary  settlement,  503  et  seq. 
message  to,  from  Gov.    Buckingham,  553;    from  Governor  Ingersoll, 

576 ;  from  Governor  Hubbard 581 

joint  resolution  of,  appointing  commissioners  to  fix  New  York  and 

Connecticut  line 582 

concerning  Fisher's  island 592 

approving  New  York  and  Connecticut  boundary  agreement  of  1879. . .  592 

Senate  of,  proceedings  in,  on  report  of  boundary  commissioners,  434  et  seq.  444 

on  the  New  York  and  Connecticut  line 448,  449,  450,  459 

on  joint  boundary  committee 502  et  seq. 

on  Governor's  message,  II,  556;  on  joint  committee's  report 559 

House  of  Representatives  of,  appoints  members  to  a  joint  committee 

on  New  York  line II,  501 

on  Governor's  message II,  557 

proceedings  in  the  Superior  Court  of,  in  the  trespass  case,  involving 

jurisdiction  over  Captain's  island II,  382 

Connecticut  River I,  9,  10,  22,  23,  27,  72  et  seq.,  91,  100,  115,  121,  210,  216 

II,  7,  13,  44,  102  et  seq.,  Ill,  757,  761 

map  of,  referred  to II.     18 

monument  on  west  bank  of I.  103 

the  eastern  boundary  of  New  Netherland 62 

the  eastern  boundary  of  New  York 81 

Dutch  on II,  101 


Index.  817 

Connecticut  River  —  Continued.  paok. 

to  belong  to  the  English 225 

all  land  west  of,  claimed  for  New  York 233 

lands  between,  and  Hudson  river,  cause  of  probable  disputes 600 

Contrecoeur,  M.  de,  Governor  of  the  French  forts  in  the  Ohio  country     . .  II,     67 

Cook,  Geo.  H.,  State  Geologist  of  New  Jersey II,  8<)0 

Cool.  Wm.,  J.  P.  of  Orange  county II,  741 

Coorachkoo,  Indian  name  for  King  George I,  104 

Copp,  John,  Connecticut  boundary  commissioner I,  231 

Connecticut  boundary  surveyor II,  326,  327 

Corbett,  Madame II,  617,  618,  620,  623,  632,  639 

Corbets  House II,  754 

Corbin's  Sound,  settlement  at,  destroyed  by  Indians I,     46 

Cornbury,  Lord,  letters  to,  from  Lords  of  Trade I,     51 

Cornell,  Alonzo  B.,  Governor  of  New  York,  letter  from,  to  Governor  of 
Connecticut,  II,  594;  letters  to,  from  the  same,  594,  596;  joint  memorial 
to  Congress  of,  and  Governor  of  Connecticut,  595;  communication  of,  to 

Legislature 597 

Cornplanter  (Capt.  Abeal,  Gyantwache),  chief  of  the  Senecas I,  333 

grant  of  land  to,  recommended 309 

land  granted  to,  by  Pennsylvania  on  Alleghany  river 334 

Cornwall,  in  New  Castle  County,  Me.,  later  called  New  Castle,  I,  34; 

boundaries  of,  29 ;  documents  relating  to 31 

County  of 41 

surveyor  for,  appointed 38 

See  Pemaquid,  SagaTiadocJc. 

Cornwall  Island II,     50 

Cortlandt,  Stephen II,  603 

Cortlands  Point II,  356  et  seq. ,  396,  435  et  seq. ,  463  et  seq. 

Cortraet,  William,  J.  P.  of  Orange  County II,  741 

Court,  established  in  Devonshire  County I,     46 

of  Assizes  at  New  York,  attended  by  justices  from  Nantucket,  Pema- 
quid and  New  Jersey 49 

General,  held  at  Edgartown,  passes  a  code  of  laws 48 

General,  of  Hartford 60 

Coussou  (Tussiu)  Islands II,     51 

Cowee,  Indian  town I,  194 

Cows,  the,  in  Long  Island  Sound II,  564 

Cox,  Daniel,  lands  granted  to I,  219 

Coxe,  Tench,  letters  from,  to  Governor  Mifflin I,  305,  307 

Cramahe,  H.  T.,  Lieutenant-Governor  of  Quebec,  II,  23;  letters  from,  to 
Governor  Tryon,  II,  26,  35 ;  letters  to,  from  Th.  Vallentine,  II,  25 ;  from 

Governor  Tryon II,  32,     36 

Cranberry  Island n,    57 

Cranberry  Mountain II(  419,  467,  487 

Crock's  Island II,    57 

Croghan,  Col.,  petition  of,  before  Congress I,  169 

Cromwell,  James ; II,  617 

Crooke,  Chas.  Wickham n,  800 

Cross,  Elihu II;     83 

52 


818  Index. 

PAOK. 

Cross,  John,  of  Windsor,  Ct II,  262 

Croton  (Coroton)  river II,  363,  366,  419 

Crown  Point I,  77;  II,  8,     17 

Crozart,  Sieur II,     66 

Crnger,  Henry,  of  New  York  General  Ass'y,  II,  110;  appointed  eastern 

boundary  commissioner 113 

Cruger,  John,  Speaker  of  New  York  Provincial  Assembly II,     40 

New  York  boundary  agent 763,  779 

Cruger,  Mr I,  100 

Cumberland  County,  I,  87;  act  concerning  the  boundaries  of 83 

an  act  establishing  the  County,  referred  to 85 

Curtis,  Joseph,  Connecticut  boundary  commissioner II,  252 

Cuthbert,  James,  of  the  Quebec  Council . II,  33 

Cuyahoga  River,  Ohio I,  113,  153,  198 

Cuyler,  Corn.,  of  Tappan,  N.  Y II,  341 

Cuyler,  Henry,  Jr.,  New  Jersey  boundary  commissioner II,  750,  780 

D. 

Dagle's  Island II,     57 

Damariscotta,  destroyed  by  Indians I,     42 

Damariscotta  River I,     31 

Damariscove,  settlement  at,  destroyed  by  Indians I,     42 

Islands,  part  of  Pemaquid 32,     43 

Danbury,  Conn II,  365 

Dan  Town  River II,  415 

Dartmouth,  Earl  of,  letter  from,  to  Governor  Tryon,  II,  175,  787;  letter  to, 

from  same 788 

author  of  the  Quebec  bill,  I,  90;  mentioned 97 

Day,  Mr I,  146 

DeadRiver II,     59 

De  Brahm,  map  made  by I,  319 

Declaration  by  New  York  delegates  to  Congress  regarding  the  cession  of 

western  lands I,  163 

regarding  boundaries 164 

Decker,  Den II,  795 

Deckers,  John,  lives  at  Tetendale II,  613,  617 

De  Kay,  Col.  Thomas,  one  of  the  settlers  on  the  Jersey  line,  II,  709,  Justice 

of  the  Peace  in  Orange  county 722,  745 

De  Key,  Willett II,  797 

De  Lancey,  James.  Lieutenant-Governor  of  New  York II,  697,  T01 

concerned  in  the  Minisinck  Patent  as  co-owner II,  688 

proposes  a  line  of  peace  between  New  York  and  New  Jersey II,  688 

letters  from,  to  Governor  Shirley,  II,  144;  Lords  of  Trade,  150,  151, 
671,  687,  689,  713;  Governor  Belcher 683 

letters  to,  from  Governor  Shirley,  131,  136;  Lords  of  Trade,  157,  689; 

Agent  Charles,  657;  Governor  Belcher 686,  703,  706 

Chief  Justice  of  New  York,  report  of,  on  the  invasion  of  New  York 
soil  by  Massachusetts II,  100  et  seq. 

action  of  Massachusetts  General  Court  on  report  of 105  et  seq. 


Index.  819 

PAGE. 

Delancey,  Stephen,  patentee,  with  others,  of  Minisinck II,  615 

Delaware  Bay I,  10,  22etseq.,  72,  100;  II,  101,  756 

sold  to  William  Penn I,     50 

Delaware  River,  I,  27,  29,  62,  66  et  seq.,  103,  219,  234,  242,  245  etseq.,  263; 

II,  599,  623,  626,  662  et  seq.,  674,  687  etseq.,  691,  723,  756  et  seq.,  766 

called  River  May 653 

most  northerly  branch  of,  the  boundary  between  New  York  and  New 

Jersey , 601,  608,  611 

the  Fishkill,  the  northermost  branch  of 613 

forks  of 633,  692  et  seq. 

the  northern  boundary  of  New  Jersey 654,  683 

land  between,  and  Minisinck  island  at  disposal  of  the  Crown 683 

Stationon 754 

Mohawk  branch  of 771 

Delaware,  State  of I,  122 

Delius,  Godfrey,  agent  of  New  York  at  Montreal I.  112 

De  Monts,  authorized  to  trade  on  American  coast II,     65 

Dennis,  Anthony,  New  Jersey  surveyor II,  789,  798 

De  Noyellis,  John,  New  York  boundary  commissioner II,  755,  776  et  seq. 

De  Peyster,  A.,  member  of  New  York  Council II,  621 

Derby,  Conn IT,     62 

Des  Trois  Isles II,     57 

Detroit,  Indian  name  for I,  106,  107 

Detroit  River,  Indian  council  held  on I,  333 

Detroit,  Streights  of I,  103,  106 

Devonshire  County,  court  established  for I,     46 

devastated  by  Indians I,     46 

De  Witt,  Charles,  letter  from,  to  Governor  George  Clinton I,  182 

De  Witt,  Simeon,  Surveyor  General  of  New  York  and  boundary  commis- 
sioner   I,  223,  232,  234,  259,  262  et  seq.,  295,  II,  80,  184 

New  York  commissioner  in  the  matter  of  the  new  State  of  Vermont. .  225 

determination  of  New  York  and  Massachusetts  line  by II,  205  et  seq. 

letter  from,  to  Governor  Clinton I,  264 

Dickinson,  John,  Governor  of  Pennsylvania,  transmits  resolution  of  Gen- 
eral Assembly  on  boundary  to  New  York I,  253 

letters  from,  to  Governor  Clinton. I,  258 

to  David  Rittenhouse  and  A.  Porter I,  259,  260 

letter  to,  from  Governor  Clinton  of  New  York I,  256 

Dickinson,  delegate  from  Delaware I,  173 

Dochwra,   William II,  760  n. 

Doe  River I,  194 

Donaldson,  William,  New  Jersey  boundary  commissioner II,  751 

Dongan,  Colonel  Thomas,  Governor  of  New  York I,  58,  72,  II,  602,  629 

report  of,  on  boundaries  of  the  Province •. I,     27 

appoints  a  commission  to  settle  the  Duke's  title  to  Pemaquid I,     37 

instructions  to,  respecting  New  York  and  Connecticut  line II,  237 

meets  Governor  of  E.  New  Jersey  at  Tappan II,  662,  674 

line  agreed  upon  by,  and  Governor  of  New  Jersey II,  691 

letter  to,  from  Governor  and  Council  of  Connecticut II,  238,  239 


820  Index. 

Dongan,  Colonel  Thomas,  Governor  of  New  York —  Continued.  PAob. 

letter  from,  to  Secretary  Allyn,  238;   to  Governor  Treat,  241;   to  Sir 

John  Werden II,  600 

Dorchester,  Lord,  Governor  of  Canada I,  319 

gives  EllicOtt  permission  to  execute  his  commission I,  322 

Dow,  Russell  G,  New  York  commissioner  to  receive  Boston  Corner  from 

Massachusetts II,  220 

Douglas,  History  of  America,  description  of  the  boundaries  of  New  York  in,    I,     69 

Draper,  William II,  488 

Drowned  lands,  the,  in  Orange  county II,  680,  795,  797 

Drummond,  Coles,  of  the  Quebec  Council II,     33 

Drummond's  Island II,     51 

Dry  or  Smuggler's  Island II,     51 

Duane,  Mr I,  114 

Duane,  James,  delegate  to  United   States  Congress,  letter  from,  to  New 

York  Legislature I,  160,  163,  170 

New  York  boundary  commissioner I,  214 

appointed  agent  of  New  York  before  Congress II,  185 

Du  Boys,  Lewis I,  223 

Duck  Island,  in  St.  Lawrence  river II,     51 

Ducks  Islands,  in  Lake  Ontario II,     52 

Dudley  Observatory,  Albany I,  335 

Dudley,  William,  Massachusetts  boundary  commissioner II,  88,  93,  94 

Duke's  County,  boundaries  of I,  29,  48 

conveyed  to  Thomas  Mayhew , 48 

not  retaken  by  the  Dutch  under  Colve ib. 

not  in  the  jurisdiction  of  Massachusetts,  ib. ;  new  patent  for,  issued ...  ib. 

some  inhabitants  of,  desire  to  be  under  Massachusetts I,     49 

Duke's  Tree II,  268,  276,  282,  292,  302,  305,  308,  309,  316-319, 

328,  413-416,  425,  484 
Dunmore,  John,  Governor  of  New  York,  warrant  from,  for  payment  of 

expenses  on  the  New  York  and  Canada  boundary  line II,       7 

Dunmore,  Lord,  at  Crown  Point II,      8 

Dunn,  Thomas,  of  the  Quebec  Council I,     33 

Dutch  title  to  territory  of  New  York  precludes  Massachusetts  claims II,  101 

Dutch,  possession  of  the,  in  New  York  and  New  Jersey II,  764 

Dutcheer,  Derrick II,  364 

Dutchess,  County  of,  organized  and  boundaries  of I,     29 

Sheriff  of,  directed  to  arrest  Massachusetts  invaders II,  116 

insurrection  in II,  155 

Dwight,  Elijah,  Massachusetts  Justice II,   178 

Dwight,  Joseph.  Massachusetts  boundary  commissioner II,     94 

Dyer,  Eliphalet,  delegate  from  Connecticut I,  171,  173,  213 

Dyer,  William I,     44 

E. 

East  Bay,  Lake  Champlain I,  227,  233 

East  Chester I,    28 

East  Hampton I,     29 


Index.  821 

PAQE. 

East  Jersey I,     29 

petition  to  reannex,  to  New  York 1,     63 

see  New  Jersey,  East. 

Edgartown,  Martha's  Vineyard,  court  held  at,  passes  a  code  of  laws I,     48 

Edwards,  Timothy,  Massachusetts  boundary  commissioner,  II,  180  ; 
reappointed,  198;  present  at  the  survey  of  New  York  and  Massa- 
chusetts line 205 

Eells,  Samuel,  Connecticut  boundary  Commissioner I,  231,  II,  257 

reappointed,  263;  reappointed,  268;  reappointed 296,  326,  327,  354 

Elbridge,  Giles,  grantee  of  Pemaquid  Patent I,     31 

Elbridge,  Thomas I,  42  et  seq. 

Elizabeth  Island I,  29,  70,  114 

Elk  Hill II,    210 

Ellicott,  Andrew,  Pennsylvania  boundary  commissioner I,  234,  275 

an  able  mathematician 279,  297 

appointed  to  run  the  western  boundary  line  of  New  York 305 

petitions  to  United  States  Congress 311  et  seq 

report  of,  on  survey  of  western  boundary  missing 31 6  et  seq. 

correspondence  relative  to 316,  317,  323-328 

not  allowed  to  make  his  observations  on  British  territory 319  et  seq. 

receives  permission  to  execute  his  commission 322 

expenses  paid  to,  for  surveying  western  boundary  of  New  York 323 

letters  from,  to  his  wife,  261;  to  Charles  Biddle,  266;  to  President  of 

Pennsylvania 267,  271 

Robert  Patterson 279 

Governor  Mifflin 302 

President  of  Pennsylvania 313,  314,  315 

to ,  315 ;  to  General  Washington 319 

Ellicott,  Benjamin,  assists  his  brother I,  316,  322 

makes  a  map  of  Lake  Erie  triangle 300 

Ellicott  Joseph,  assists  his  brother I,  316,  319,  322 

Elliot,  Andrew,  royal  boundary  commissioner II,  769,  et  seq.  786 

Ellis  Island I,  236 

Elmer,  L.  Q.  C,  New  Jersey  boundary  commissioner I,  236 

Elmira,  N.  Y I I,  335 

Equivalent  lands II,  851,  424,  496  et  seq. 

See  Oblong. 

Esopus  (Kingston,  Ulster  Co.),State  records  at,  I,  51 ;  mentioned II,  617 

Estcourt,   James    Bucknall  Bucknall,   Lieutenant-Colonel  R.  A.,    British 

boundary  commissioner II,     55 

Ewing,  John,  appointed  United  States  commissioner  to  run  New  York  and 

Massachusetts  line,  II,  196,  200.  232;  runs  the  line 205  et  seq. 

F. 

Fairchild,  Chas.  S. ,  Attorney  General  of  New  York,  report  of,  on  New  York     '' 
jurisdiction  in  Long  Island  bound,  II,  578;  letter  to,  from  H.  J. 
Scudder II,  578 

Fairfield  County,  Conn.,  Sheriff  of,  ordered  to  arrest  patentee  of  Captain's 

Islands II,  377 


822  Index. 

PAjOE. 

Fair  Haven,  Vt.,  part  of  town  of,  annexed  to  New  York II,     87 

Falcon  Island,  Long  Island  Sound II,  234 

Fanning,  Colonel  Edm.,  private  Secretary  of  Governor  Tryon II,     41 

Farrett  (Forrest),  James,  agent  of  Earl  of  Stirling II,  231 

Fauconnier,  Peter,  Collector  of  New  Jersey,  memorial  of,  on  the  injury  to 
New  York   and   New  Jersey  arising  from  delay  of    settling  the 

boundaries II,  604 

Federal  Court,  appointed  to  hear  and  decide  the  New  York  and  Massachu- 
setts boundary  case II,  193,  195  et  seq. 

Field,  Ben,  of  Orleans  county,  N.  Y.,  boundary  commissioner II,  387 

Field,  Selah II,  486 

Fifth  Island II,     57 

Finlay,  Hugh,  of  the  Quebec  council II,     33 

Fisher's  Island I,  29,  70,  235;  II,  564,  566 

to  be  under  New  York  government I,     35 

description  of,  I,  51 ;  granted  to  John  Winthrop 51 ;  II,  234 

included  in  New  York,  1,51,  an  enfranchised  township 52 

claimed  by  Connecticut II,  234,  235 

belonging  to  New  York  at  an  early  time 367 

joint  resolution  of  Connecticut  Legislature  concerning ...  592 

Fishkill,  a  branch  of  the  Delaware  river I,  66;  II,  623,  631,  653,  741,  754 

northernmost  branch  of  the  Delaware  river,  613,   618,  620,  622;  not 

determined  as  such 628 

the  station  of  the  New  York  and  New  Jersey  line  on  the,  declared  not 

to  be  truly  located 620  et  seq. 

the  biggest  and  chief  est  stream  forming  the  Delaware 654 

Fitch,    Governor   of    Connecticut,   letter    from,    to    Lieutenant-Governor 

Colden,  II,  381 ;  letter  to,  from  same 380 

Five  Nations  of  Indians,  friendly  to  people  of  New  York,  I,  27;  have 

placed  themselves  under  New  York I,     27 

Flamstead,  an  English  astronomer II,  626 

Flatbush,L.I I,     29 

Flatlands,  L.  I I,     29 

Fleming,  Captain II,  211 

Fleming,  William,  of  Virginia,  judge  of  the  Federal  Court II,   193 

Fletcher,  Benjamin,  Governor  of  New  York I,  56 ;  II,  273,  738 

letter  to,  from  Governor  of  New  Jersey II,  602 

Florida I,  116 

Five  Nations  go  as  far  south  as 65 

East,  government  of 87 

West,  government  of 87 

Floyd,  William,  delegate  from  New  York  to  United  States  Congress I,  163 

Flushing,  L.  I : I,     29 

Fonda,  Mr I,  141 

Fordham,  West  Chester  Co I,     28 

Forrest,  James,  Governor  of  Long  Island,  under  the  Earl  of  Stirling's 

patent II,  369  et  seq. 

Forrester,  Mr. ,  counsel  for  New  York  in  London II,  657 

Fort  Amsterdam  (New  York),  cost  of I,      8 


Index.  823 

PAGE. 

Fort  Division  Mt II,  222 

Fort  Edward,  New  York I,  225 

Fort  Harmar I,  301 

Fort  Massachusetts I,  144 

Fort  Necessity,  Washington  captured  at II,  67 

Fort  Niagara I,  302 

A.  Ellicott  at I,  319 

Fort  at  Niagara,  built  by  the  French I,  108 

Fort  Orange II,  101 

trading  post  at,  beneficial  to  the  Iroquois 110 

See  Albany. 

Fort  at  Oswego I,  97 

Fort  St.  John II,  65 

Fort  Stanwix,  treaty  at,  with  the  Indians  (1768) I,  101, 134 

Indian  council  at I,  334 

Four  Brothers,  Islands  called,  in  Lake  Champlain I,  227,  233 

Fourth  Island II,  57,  63 

Fowler,  William II,  341 

Fox  Hall I,  29 

Fox  Island II,  52 

Franklin,  Benjamin,  United  States  Minister I,  117,  120 

Franklin,  Governor  of  Pennsylvania,  letter  to,  from  Governor  Clinton. ...     I,  267 

Francklin,  William,  Governor  of  New  Jersey II,  786  et  seq. 

Frederick,  Conrad II,  798 

Frelinghuysen,  Theodore,  New  Jersey  boundary  commissioner I,  236 

French,  the I,  27 

of  Louisiana 68 

the  boundaries  of  the 64 

not  to  interfere  with  the  Five  Nations 66 

of  Canada,  claim  part  of  New  York ■. 67 

claims  of,  on  the  north 81,  et  seq. 

Five  Nations  complains  of  the  encroachments  of 106 

build  a  fort  on  Lake  Erie,  107;  at  Oniagara 108 

French  Broad  River I,  194 

FrenchCreek I,  273,  287 

Fresh  (Conn.)  River 19;  II,  101 

Friscine,  Conrad II,  792 

Fundy,  Bay  of II,  67 

G. 

Gage,  Major-General II,  155 

Gale,  Samuel,  New  York  boundary  commissioner I,  235 ;  II,  755,  799 

member  of  New  York  General  Assembly  lor  Orange  County II,  650,  655 

Gallop  Isles,  in  St.  Lawrence  river,  II,  51 ;  in  Lake  Ontario 52 

Gardner,  Richard,  Chief  Magistrate  of  Nantucket I,  48 

Gardner,  Richard,  agent  of  the  proprietors  of  East  Jersey,  [1, 743 ;  mentioned,  677 

Gardner,  Thomas,  of  Pemaquid I,  44 

Gardner's  Island  (Isle  of  Wight) I,  670,  235;  II,  566 

Gasf ord  Mountain II,  59 


824  Index. 

PAGE. 

Gelder  Mountain II,  210 

Genesee  River I,  111,  268,  306 

British  jurisdiction  extends  to 321 

George  I,  of  England,  Indian  name  of , .  .     I,  104 

George  III  of  England II,  756 

Georgia I,  71,  81,  96,  122,  166,  186 

urged  to  cede  western  lands  to  United  States 190 

boundaries  of 195 

Gerard,  Allen,  New  York  and  New  Jersey  boundary  surveyor,  II,  607  et  seq., 

622,  625,  632,  635  et  seq. 

memorandum  of,  concerning  the  instruments  used  in  running  New 
York  and  New  Jersey  line,  618;  report  of  committee  on  same  ....  609 

the  theory  of,  ridiculed 627 

memorial  of,  etc.,  sent  to  Lords  of  Trade 640 

petitions  to  be  appointed  Surveyor-General  of  the  Province 641 

quadrant  used  by,  to  be  examined 644 

See  Jarrat,  Allen. 

Gerry,  E.,  Massachusetts  agent  before  Congress II,  196 

Gervais,  delegate  from  South  Carolina 1 ,  173 

Ghent,  treaty  of I,  233 

Gibson,  John,  appointed  commissioner  to  effect  purchase  of  Lake  Erie 

triangle I,  298,  300,  383,  333 

Gipp's  Peak II,     59 

Gloucester  County,  I,  81 ;  act  concerning  the  boundaries  of 83 

when  established,  85 ;  population  of 86 

Goat's  (Iris)  Island II,     52 

Goddard,  Gyles,  surveyor  of  Pemaquid I,     38 

representative  of  Pemaquid 47 

Gold,  Major  Nathaniel,  boundary  commissioner  for  Connecticut I,  24,    58 

II,  227,  248 

appointed  commissioner  to  treat  with  New  York  about  the  boundaiy, 
242,  243 ;  runs  the  line 247 

reappointed  boundary  commissioner 252,  256,  264 

Goodrich,  John  L.,  Massachusetts  commissioner  to  surrender  Boston  Corner,  II,  221 

Gooseberry  Island II,     57 

Goose  Island,  Long  Island  Sound II,  234 

Goose  Neck  Islands II,    51 

Gorges,  Sir  Ferdinando,  founder  of  Maine I,  42,     43 

Gorham,  Mr I,  305 

G«shen,  Orange  County II,  743 

Graham,  James  D.,  major,  chief  engineer  of  party  running  northern  bound- 
ary line II,  54,     61 

Grand  Isle,  Lake  Champlain I,  227,  238 

Grand  Island  in  Niagara  River II,     52 

Grand  or  Long  Island  in  St.  Lawrence  River II,     51 

Grant  of  the  Fisheries  in  American  seas I,     43 

Grant  of  New  Netherlaud  to  Duke  of  York,  I,  10  et  seq. ;  second  grant  ...  21 

Granville,  Vt H,    85 

Gravesend,  L.  I I»    29 


Index.  825 

PASS. 

Grayson,  William,  declines  appointment  to  Federal  Court II,  193 

letter  to,  from  General  Washington I,  189 

Great  Britain  against  the  United  States  claim  to  the  west I,  120 

Great  Captain's  Island,  Long  Island  Sound,  patent  for,  by  New  York,  II,  373 ; 

claimed  by  Connecticut 377,  382,  409 

Great  Iron  (Smoky)  Mountain I,  194 

Green  Mountains I,  85 

Greenwich,  Conn I,  58,  73;  II,  244 

claimed  by  Connecticut 238 

collector,  etc.,  of,  not  to  be  molested  by  New  York  officers 327 

Greenwich  Bay II,  225 

Gregg,  John,  claims  to  own  Captain's  island  under  Connecticut  grant,  II,  377,  etc. 

Grenada,  Province  of I,  87 

Grenadier  Island  in  St.  Lawrence  River,  II,  51 ;  in  Lake  Ontario 52 

Grew's  island II,  57 

Griffith,  Daniel II,  211 

Grindstone  Island,  St.  Lawrence  River II,  51 

Grover,  Mr I,  142 

Guilford,  Conn II,  234 

Gull  Islands] I,  235;  II,  51,  566 

Guyon,  Captain,  in  the  British  army I,  322 

Gyles,  Thomas,  commissioner  for  Pemaquid I,  37 

H. 

Hackensack  River II,  628,  791 

Halenbeck,  Michael,  arrested  by  New  York,  II,  120;  Massachusetts  takes 

up  his  case,  123;  escapes 127 

Hall,  Peter II,  419 

Hall's  Brook,  by  the  Indians  called  Kenebimosikek,  eastern  terminus  of 

New  York  and  Quebec  line  on II,  22,  23,    56 

astronomical  survey  station  on,  1845 63 

Hamilton,  Alex.,  Secretary  United  States  Treasury,  letter  to,  from  Gov- 
ernor of  Pennsylvania I,  229,  330 

Hamilton.  Andrew,  Governor  of  Jersey II,  603,  622,  629,  687,  738 

letter  from,  to  Governor  Fletcher II,  60 

Hamilton  College  Observatory I,  335 

Hampshire,  County  of ,  Mass II,  120,  129 

Hampton,  Vt II,    86 

Hancock,  John,  Massachusetts  boundary  commissioner I,  212 

Hanson,  John,  delegate  from  Maryland I,  166,  173 

Hardenbergh  Patent II,  680,  693 

Hardenbrook,  Mr H,  616 

Hardenburgh,  Abr.,  New  York  boundary  commissioner I,  234,  270 

Hardy,  Sir  Charles,  Governor  of  New  York,  instructions  for II,  731 

recommends  General  Assembly  to  provide  for  expenses  of   running 

Jersey  line , 733 

transmits  order  for  repeal  of  New  York  and  New  Jersey  line  act  of 

1754,  to  General  Assembly 733 

letters  from,  to  Lords  of  Trade,  II,  145,  146,  732,  734;  letters  to,  from 
Lords  of  Trade 145,  147 


826  Index. 

PAGE. 

Haring,  John,  New  York  boundary  commissioner I,  215 

Haring,  Mr.,  New  York  State  Senator II,  217 

Harpur,  Mr I,  142 

Harpur,  Robert,  Professor  of  KiDg's  College,  New  York II,  1 

Harrison,  Edw.,  of  the  Quebec  Council II,  33 

Harrison,    Francis,    New    York    boundary    commissioner,    I,    231,    303; 

re-appointed 330 

Harrison,  John,  of  Perth  Amboy II,  614,  664 

Harrison,  Capt.  John,  of  New  Jersey II,  623,  631 

Harrison,  Major II,  616 

Harrison,  Robert  Hanson,  declines  appointment  to  Federal  court II,  193 

Harriss,  John  Adolphus,  Lt.-Col.,  commanding  at  Fort  Niagara,  I,  319, 

322 ;  refuses  Ellicott  permission 320 

Hartford,  Conn.,  I,  212;  meeting  at,  1664 I,  24 

General  Court  at 60 

New  York  and  Massachusetts  boundary  commissioners  meet  at II,  176 

agreement  made  at,   between  New  Netherland  and   New   England 

Colonies 225 

Hartley,  David,  British  peace  commissioner , I,  119 

Haverstraw,  lands  about,  patented  by  New  Jersey II,  662 

Haverstraw  River II,  792 

Haviland  Hollow II,  419 

Hawley,  Joseph,  Massachusetts  boundary  commissioner I,  212;  II,  176,  180 

stops  the  running  of  the  New  York  line II,  179 

Hawley,  Thomas,  patentee  in  Equivalent  Tract II,  496  et  seq. 

Heathcote,  Caleb,  New  York  boundary  commissioner II,  257 

Hebron,  Vt II,  85 

Hempstead,  L.  I I,  29 

Hemsley,  delegate  from  Maryland I,  173 

Henley,  Thomas,  of  Ridgefield II,  351 

Henley,  Mr. ,  counsel  for  Jersey  proprietors  in  London II,  657 

Herring,  Widow II,  791 

Herriman,  John,  surveyor  of  New  York  and  Connecticut  line I,  60; 

II,  247,  248,  256,  265 

Hey,  William,  of  the  Quebec  Council II,  33 

Hickory  Island II,  51 

Hicks,  Isaac,  New  York,  boundary  commissioner,  I,  231;  II,  257,  264;  reap- 
pointed, 330,  607  et  seq.,  622,  625,  639,  740,  767 

Highlands,  the I,  28,  29 

High  Ridge II,  315 

Hillsborough,  N.  C I,  186 

Hillsdale.  Columbia  county II,  220 

Hitchcock  Corners,  village  of II,  421 ,  423,  469,  488 

Hobart,  Mr I,  114 

Hobart,  Justice I,  149 

Hocquart,  intendant  of  Canada II,  65 

Hog's  Back,  first  and  second II,  59 

Holland,  Edward,  of  New  York  Provincial  Council II,  110 


Index.  827 

PAGE. 

Holland,  H.,  Member  of  New  York  Council,  II,  673,  706;  agent  for  New- 
York,  and  New  Jersey  boundary 763,  779 

Holland,  Samuel,  Captain  in  the  English  army I,  278,  319 

Holland,  Samuel,  New  York  boundary  commissioner,  I,  234,  247,  et  seq.,  254,  274 

survey  of,  referred  to 18 

Royal  boundary  commissioner 769  et  seq. 

Holley,  William  H.,  of  Stamford,  Conn.,  boundary  commissioner II,  385 

Holton,  S.,  delegate  from  Massachusetts  and  Massachusetts  agent  before 

Congress I,  185;  II,  193 

Honan  &  Handen  Patent II,  693  et  seq, 

Honeywell's  Island II,     57 

Hooper,  Robert  L. ,  lands  granted  to I,  219 

Hoosick  Patent,  when  granted . , I,     75 

Hoosick  River I,  232;  II,     82 

Hope,  Richard,  surgeon,  Fifty-second  Regiment II,     26 

Hopkins,  Mr .- I,  142;  II,  598 

Hoppen,  Garrett II,  780 

Horseneck,  L.  I I,     30 

Horse  Shoe  Fall    II,     52 

Housatonic  Indian  reservation II,  465 

Housatonick  River,  alias  Westenhook,  alias  Stratford  River I,  71;  II,  144,  366 

391,  420 

settlers  at,  not  to  be  molested  by  Massachusetts 90,  100 

Howe,  William II,  486 

Howell,  Mr.,  of  Long  Island I,  24;  II,  228 

Howell,  delegate  from  Rhode  Island I,  171,  173,  181 

Howell,  Joseph,  Jr. ,  agent  for  A.  Ellicott I,  323 

Hubbard,  T.  Speaker,  of  Massachusetts  House  of  Representatives II,  106,  111 

Hubbard,    Governor    of    Connecticut,    message    from,    to    Connecticut 

Legislature II,  581 

Hubberton,  Vt II,     86 

Hudson's  Bay I,     92 

Hudson's  Bay  Company I,     87 

Hudson's  River. .  I,  10,  22  et  seq.,  28,  29,  32,  58  et  seq.,  66  et  seq.,  73,  96, 

100,  103,  235,  236;  II,  313,  321,  328,  341,  599,  622  et  seq,  688,  739,  757  et  seq. 
lands   west    of,    agreement    concerning,    between    New    York    and 

Massachusetts 216 

Massachusetts  claims  territory  west  of II,  201 

New  York  and  Connecticut  line  to  be  run  from  Mamaroneck  River  to,         232 

Connecticut  claims  jurisdiction  as  far  as 236 

Connecticut  line  to  run  ten  miles  from,  225 ;  twenty  miles,  229,  232, 

249,  265,  275,  281,  292,  300,  483 

Connecticut  line  runs  parallel  to 356  et  seq. 

forty-one  degrees  north  longitude,  to  be  a  station  for  New  York  and 

New  Jersey  line 608  et  seq.,  622,  626,  754,  760  et  seq.,  766  et  seq. 

Hull,  Robert II,  800 

Hullett's  island I,     30 

Humfrey,  Mr I,  145 

Humphreys,  D I,  223 


828  Index. 

PACK. 

Hunt,  Emery I,  233;  II,     82 

Hunter,  Robert,  Governor  of  New  York II,  252,  257,  610,  618,  653,  657,  739 

letter  to,  from  Governor  of  Connecticut 268 

Huntington,  L.  I I,     29 

Huntington,  delegate  from  Connecticut I,  172 

Huntington,  Elias II,     83 

Hurley,  Ulster  Co I,     28 

Hutchin,  John II,  342 

Hutchins,  Thomas,  Geographer  General  to  the  United  States I,  805  et  seq.;  319 

United  States  boundary  commissioner 232 

appointed  United  States  commissioner  to  run  the  New  Y  ork  and  Massa- 
chusetts line ;  II,  196,  200;  runs  the  line 205  et-seq. 

plan  of  New  York  and  Massachusetts  line  by 211  et  seq. 

Hutchinson,  Thomas,  Governor  of  Massachusetts I,  79,  213 

Massachusetts  boundary  commissioner II,  122,  135,  158 

letter  to,  from  Governor  Tryon II,  176 

letter  from,  to  Governor  Tryon 177 

Hyatt,  Thomas,  of  Ridgefield n,  351 

I. 

He  Dauphine II,  66 

Illinois  Company  before  United  States  Congress I,  167 

Illinois River I,  112;  II,  66 

Imlay,  William I,  223 

Indiana  bought  from  the  Indians I,  184 

Indiana  Company  before  United  States  Congress I,  167 

Indian  Affairs,  Commissioners  of,  record  of I,  105 

Indian  Councils  on  Detroit  river,  I,  333;  at  Fort  Stanwix 334 

Indian  Country,  the  western  boundaries  of  New  York I,  100 

Indian  Deed  for  the  Beaver  Hunting  Country I,  104 

Indian  Mountain II,  211,  422 

Indian  Pond II,  422,  465,  489 

Indian  Stream II,  60 

Indians,  trade  with  the I,  9,  64 

land  bought  from,  how  held 26 

destroy  the  settlement  in  Maine 42 

names  of  Sachems,  surrendering  their  land  to  the  English 104 

(Tribes)  [Abenakis,  displeased   with  the  running  of  New  York    and 

Quebec  line n,  22 

Adirondacks,  a  branch   of  the  Algonquins,  I,  109;    masters  of  the 

Iroquois,  ib. ;  almost  extirpated  by  the  Iroquois,  110;  allies  of  France,  111 

Algonquins,  the  Adirondacks  a  branch  of  the I,  109 

Cayugas I,  65,  333 

and  other  nations  surrender  their  lands  to  King  George  I 102 

Chippewas I,  334 

Delawares I,  334 

Eries,  on  south  side  of  Lake  Erie I,  111 

Hurons,  I,  334;  allies  of  France Ill 

Five  Nations  of  (Iroquois),  1, 197;  English  sovereignty  of ,  64,  65;  extent 

of  their  rule , I,  66 


Index.  829 

Indians  —  Continued.  page. 

France  not  to  interfere  with I,     66 

the  country  of,  within  the  boundaries  of  New  York,  67 ;  claimed  by 

the  French 68 

original  owners  of  land  on  Lake  Champlain 76 

called  Iroquois  by  the  French - 81 

extend  their  conquest  from  St.  Lawrence  to  Georgia 81 

treaty  with,  by  the  Dutch,  81 ;  renewed  by  the  English 82 

submission  of,  to  England 100 

uncertain  how  far  the,  carried  their  conquest  westward 102 

treaty  with,  at  Albany,  1701 102 

surrender  their  lands  to  the  English,  102,  113;  deed  from,  to  King 

George  1 104 

meet  Gov.  Nanf an  at  Albany 105 

renew  the  covenant  chain  with  the  English 106 

desire  the  line  between  New  York  and  Canada  settled 107 

location  of,  in  1609 '.  109  et  seq. 

history  and  territorial  extent  of 109  et  seq. 

subject  to  the  Adirondacks 109 

benefited  by  the  establishment  of  Fort   Orange Ill 

Lenape I,  113 

Maquas  (Mohawks) I,  65 ;  II,      2 

Minisinks,  conference  with,  II,  600;  to  point  out  the  boundary  of  the 

land  sold  by  them ib. 

Neuter  nation  on  the  Niagara  peninsula I,  111 

Northwestern,  to  meet  United  States  commissioners  at  Muskingum ...  I,  296 

particularly  attached  to  Colonels  Butler  and  Brandt 302 

Oneydas I,  05,  333 

Onondagas I,  65,  333 

and  other  nations  surrender  their  land  to  King  George  I 102 

projectors  of  the  league 110 

Ottawas I,  334 

of  Pennsylvania  oppose  the  running  of  the  boundary  line  with  New 

York I,  268 

Pottawattamies I,  334 

Senecas  (Sinnekes),  Ondawagas I,  62,  65,  333,  334 

surrender  their  lands  to  King  George  I 102 

chiefs  of,  attend  the  commissioners  for  the  New  York  and  Pennsyl- 
vania boundary 266 

Shawanese I,  334 

Six  Nations  opposed  to  the  French  building  a  Fort  at  Niagara I,  108 

treaty  with,  at  Fort  Stanwix,  1768 134 

other  colonies  recognize  them  to  be  under  New  York 168 

claim  of,  to  Lake  Erie  Triangle 288 

agreement  of,  with  Pennsylvania  commissioners  for  land  on  Lake  Erie,  303 
New  York  Legislature  directs  act  of  cession  of  western  lands  to  be 

communicated  to II,  203 

mentioned  (See  Five  Nations) I,  167,  334 

Susquehannah,  divine  service  among,  I,  261 ;  mentioned 333 

Tuscaroras  revolt  in  North  Carolina,  I,  109;  join  the  Five  Nations I,  109 


830  Index. 

Indians  —  Continued.  page. 

Wabash I,  334 

Western  to  meet  United  States  commissioners  at  Muskingum I,  296 

not  well  disposed  to  the  surveyors 315 

Ingersoll,  Charles,  Governor  of  Connecticut,  message  from,  to  Connecticut 

Legislature II,  576 

Ingersoll,  David,  Massachusetts  justice II,  178 

Ingersoll,  Jared,  royal  boundary  commissioner II,  769  et  seq. 

Instructions  to  New  York  delegates  in  Congress  relating  to  the  boundaries,     I,  151 

Irocoisia,  land  on  Lake  Champlain  called 1,  176 

Iron  Mountain I,  194 

Iroquois  River,  French  call  Sorell  River,  I,  76,  or  Cataraqui 119  ;II,  49  et  seq. 

Irvine,  William,  delegate  from  Pennsylvania I,  290 

Islands  from  Cape  Cod  to  Cape  May  belong  to  New  York II,  231 

in  Lake  Ontario 52 

in  Long  Island  Sound,  368,  373;  claimed  by  Connecticut 377 

in  St.  Lawrence  river, 50  et  seq. 

Isle  au  Rapid  Plat  .    II,  51 

Isles  of  Capawock  (Capoag) I,  54,  56 

Isle  La  Motte I,  233 

Isle  of  Shoals I,  53 

Isle  of  Wight I.  29,  235 

Izard,  delegate  from  South  Carolina I,  173 

J. 

Jackson,  James,  delegate  from  Georgia I,  196 

Jamaica,  L.  I I,  29 

James  I  of  England,  patent  of  Virginia  given  by I,  41 

James  II,  patent  of  Rensellaerwyck,  granted  by I,  75 

Jansen,  Joannes,  New  York  boundary  commissioner,  II,  279,  303;  reap- 
pointed   330 

Jarratt,  Allane,  New  York  surveyor II,  740,  767 

See  Gerard,  Allen. 

Jauncey,  James,  New  York  boundary  commissioner II,  757 

Jay,  John,  United  States  Minister I,  117,  120 

New  York  boundary  commissioner 214 

United  States  Secretary  of  Foreign  Affairs,  letter  from,  to  Governor 

Clinton 313 

appointed  agent  of  New  York  before  Congress II,  185,  193 

clerk  of  Royal  boundary  commissioners 772  n,  787 

letter  from,  to  President  of  United  States  Congress I,  117 

Jay,  Peter  Aug.,  New  York  boundary  commissioner I,  235 

Jefferson,  Thomas,  United  States  Minister I,  117 

Jennings,  Edw II,  487 

Jocelyn,  Henry,  Royal  Commissioner  for  Maine I,  33,  44 

justice  at  Pemaqued,  letter  to,  from  Captain  Brockhols 36 

Johnson,  delegate  from  Connecticut I,  188 

Johnson  Hall,  the  Council  meets  at    II,  20 

Johnson,  Samuel,  of  North  Carolina,  Judge  of  tne  Federal  Court II,  193 

Johnson,  Thomas IT  193 


Index.  83  i 

PAGK. 

Johnson,  W.  S I,  213 

Johnson,  Mr.,  line  run  by  Bouchette  and    II,     56 

Johnston,  Andrew,  President  of  East  New  Jersey  Proprietors  II,  671,  696 

Johnston,    John,  New   Jersey  and  New  York  boundary  commissioner, 

II,  611,  620,  622;  one  of  the  Proprietors  of  East  New  Jersey 630,  740 

Johnston,  W II,  288 

Jones,  Mr II,  598 

Jones,  David,  appointed  New  York  Eastern  boundary  commissioner II,  113 

Speaker  of  New  York  General  Assembly,  letter  to,  from  R.  Charles    .  651 

Jones,  James,  delegate  from  Georgia I,  196 

Jones,  Samuel I,  229 

Jones,  Timothy,  Ridgefield  Angle,  near  house  of II,  485 

Jordan,  Rev.  Robert 1,     44 

Jurland,  Adam,  of  Ridgefield ■. II,  351 

K. 

Keiler,  Jonah II,  351 

Keiler,  Joseph,  of  Ridgefield II,  351 

Keiler,  Timothy ; II,  351 

Keith,    George,   surveyor,    II,  601,  622,    628,   663;    determines  forty-one 

degrees  north  latitude  on  Hudson  River ...  602 

makes  a  map  of  New  York  and  New  Jersey  line II,  689 

Kelsey,  William.  , II,  489 

Kemble,  Peter,  Member  of  New  Jersey  Council II,  696 

Kempe,  J.  T.,  Attorney-General  of  the  Province  of  New  York,  letter  from, 

to  Lieutenant-Governor  Colden H;  776 

Kendall's  Island II,  57 

Kennebeck  Patent,  easterly  half  of,  in  Co.  of  Canada I,  41 

Kennebeck  (Kinebequi)  River I,  10,  22,  27,  37,  47;  II,  65 

settlements  on,  destroyed  by  Indians II,  42,  46 

road  to  be  cut  to  settlements  on II,  34 

Kennebeck  Road II,  59,  63 

Kennedy,  Archibald,  of  New  York  Provincial  Council II,  1 1 0,  673,  706 

collector  of  New  York  and  Land  Commissioner 373 

Kennedy's  Island II,  57 

Kent  County  of  Delaware I,  50;  II,  764 

Kent,  Town  of II,  465,  488 

Kentucky I,  H2 

Kill  van  Kull I,  235,  237;  II,  566 

Kimber,  C II,  795 

Kinderhook  Road II,  173,  210 

King  Phillipp's  war,  I,  42;  winked  at  by  Governor  Andros 1,  46 

King,  Rufus,  I,  185,  Massachusetts  boundary  commissioner 216 

delegate  from  Massachusetts  and  Massachusetts  agent  before  Congress,  II,  193 

King,  S II,  795 

King's  Bridge,  connecting  Manhattan  Island  with  the  main  land I,  71 

Kings,  County  of,  New  York,  boundaries  of I,  29 

King's  Island II,  57 

Kingston,  Ulster  Co I,  29,  63 


832  Index. 

PAGE. 

King  Street  Road II,  413 

Kirkbride,  Joseph,  New  Jersey  and  New  York  boundary  commissioner II,  611 

Kissam,  Benjamin,  New  York  boundary  commissioner II,  763,  774,  779 

Kittery,  Me I,     33 

L. 

Labrador  Coast I,     87 

LaColeRiver 11,17,    18 

La  Grande  Isle II,    57 

Lake,  Captain  Thomas,  appointed  Justice  in  Pemaquid  by  Massachusetts,    I,     46 

Lakes,  the  Great I,  27,  64,  65  et  seq. 

Lake  Chadaghque I,  287,  303,  315 

Champlain  (Corlaers  Lake)  ....  I,  69,  87,  91,  95,  113,  221,  223;  II,  1,  8, 14,    19 

called  Lake  Iroquois I,     76 

land  on,  belongs  to  New  York,  ib. ;  originally  to  the  Five  Nations,  ib. ; 

called  Irocisia I,  76 

monument  on 103 

seigneuries  on II,  3,     16 

dangerous  crossing  over 17 

Cadarucky  (Ontario) I,  67,  105 

Erie,  I,  67,  69,  71,  98,  103,  111,  113,  114,  119,  152,  220,  233,  285  et  seq., 

315;  II,  49,  etseq.  52 

Indian  name  for I,  107 

boundaries  of  Quebec  extended  to 88,    91 

Pennsylvania  commissioners  to  ascertain  how  much  of,  belongs  to 

Pennsylvania 251  et  seq. 

title  to  land  on,  relinquished  to  Pennsylvania  by  United  States . .  295 

land  on,  agreement  between  Pennsylvania  and  Six  Nations  for 308 

distance  from,  along  Niagara  River 316 

laid  down  incorrectly 319 

boundary  monument  near,  336  et  seq. ;  replaced ...  329  et  seq. 

fort  built  by  the  French  on  south  side  of II.     67 

Triangle,  I,  283;  claim  of  Six  Nations  to,  288;  sold  to  Pennsylvania,  292  et  seq. 
commissioners  appointed  to  effect  purchase  of,  298;  their  instructions,         299 

map  of,  made 300 

expenses  of  purchasing 311 

survey  of,  completed 315 

United  States'  letters  patent  to  Pennsylvania  for,  331 ;  Indian  deed  for,  333 

See  New  York,  Pennsylvania  Acts. 

George II,    17 

Huron I,  102,  103,  111,  119;  II,  49  et  seq. 

Iroquois,  old  name  for  Lake  Champlain I,    76 

Ishaganalshegeck II,     58 

Mamraabagack  (Memphramagog)  Station,  II,  21,  22,  44,  61 :  astronomi- 
cal survey,  1845 II,     61 

Megantic II,     59 

Nipissing I,  87,  113,  115,  121;  II,  14,    67 

Ontario,  I,  69,  71,  91,  97,104,  111,  113,  114,  119,  152, 185,  220,  233;  II,  49  et  seq. 

British  settlements  west  of I,  302 

distance  from  Lake  Erie  to,  along  Niagara  River , 316 


Index.  833 

Lake —  Continued.  pass, 

Oswego.     See  Ontario. 
•      Pohenagamook II,  56,  58,     62 

St.  Clair I,  152 

St.  Francois II,     37 

St.  John I,    87 

Superior 1,119,  120;  II,  49  et  seq. 

Lakeville,  Conn II,  466 

Lamacbanock  Brook II,  613 

La  Motte  Island  in  Lake  Champlain  I,  227,  233 

Land,  mode  of  acquiring  and  holding,  I,  26;  quit  rents  for,  ib. ;  in  the 

Province  mostly  barren 28 

Lane,  Sir  Thomas II,  760 

Lansing,  John,  Jr. ,  New  York  boundary  commissioner I,  215 

commissioner  in  the  Vermont  matter 225 

La  Salle,  Cavalier  de II,    66 

La  Septieme  Island II,     57 

Laurens,  Henry,  Mr.,  United  States  Minister I,  117,  120 

Law,  Jon'n,  Connecticut  boundary  commissioner   I,  231 ;  II,  254 

reappointed,  256,  257,  262;  reappointed 296,  326,  327 

Lawrence,  J.,  New  York  delegate  in  Congress,  letter  from,  and  Mr.  Smith 

to  Governor  Clinton II,  119 

Lawrie,  Gawen,  Governor  of  East  New  Jersey II,  601,  629,  765 

meets  Governor  of  New  York  at  Tappan 662 

LaBoeuf,  near  Lake  Erie I,  269,  287 

reserved  to  the  State  of  Pennsylvania 301 

Lee,  Delegate  from  Virginia I,  170 

Lee,  Joseph,  of  Ridgefield II,  351 

Lee,  Robert,  trustee  for  Lord  Stirling's  children II,  253 

Lee,  William  Phillips,  one  of  the  heirs  of  Henry,  Earl  of  Stirling II,  368 

Leech  Lake H.    59 

Leet,  Andrew,  receives  permission  from  Connecticut  to  buy  islands  in  Long 

Island  Sound H,  234 

Leete,  William,  Governor  of  Connecticut,  letter  to,  from  Governor  Andros,  II,  234 

Le  Hire,  of  the  Royal  Academy  of  Paris II,  626 

Lenox,  Duke  of II,  269 

Levesque,  Pr. ,  of  the  Quebec  Council II,    33 

Lewess,  Edmond,  Connecticut  boundary  surveyor II,  327,  354 

Lewis,  Edmund,  Connecticut  boundary  commissioner I,  231 

Lewiston I,  316 

L'Hommedieu,  delegate  from  New  York I,  172 

Linda  Kill    II,  796 

Lispenard,  Leonard,  New  York  boundary  commissioner H,  153 

Little  Egg  Harbor,  N.  J II,  662,  766 

Livingston,  member  of  New  York  General  Assembly II,     91 

Livingston,  Manor  of,  invaded  by  Massachusetts  people II,     99 

established,  104;  Massachusetts  encroaches  upon 109,  116 

Livingston,  Philipp,  Speaker  of  New  York  General  Assembly,  letter  to, 

from  New  Jersey  boundary  commissioners II,  645 

Livingston,  Robert,  Secretary  of  the  Commissioners  of  Indian  Affairs I,  106 

53 


834  Index. 

PAGE. 

Livingston,  Robert,  Jr.,  II,  104,  100,  126;   his  people  burn  down  houses, 

destroy  crops  of  Massachusetts  claimants 119,  120 

complains  of  being  disturbed  by  Massachusetts  people II,     09 

Livingston,  R.  R I,  114,  120 

New  York  boundary  commissioner,  209,  214;   II,    153,   156;   commis- 
sioner for  declaring  Vermont  a  new  State I,  225 

appointed  agent  of  New  York  before  Congress II,  185,  193 

Livingston,  Walter,  New  Y  ork  boundary  commissioner I,  214 

appointed  agent  of  New  York  before  Congress II,  185,  193 

Livingston,  William,  New  York  boundary  commissioner II,  139,  153 

Lockwood,  Jonathan,  Connecticut  boundary  commissioner II,  238 

Lomis,  Josiah,  crops  of,  destroyed  by  New  York  people 11,  120 

London,  treaty  of,  limits  of  New  York,  as  defined  by II,  102 

Long  House  Kill II,  794 

Long  Island 1, 10,  22,  24,  62,  66;  II,  225,  564,  599,  662,  757 

belongs  to  New  York I,  25;  II,  229 

Indian  name  for,  I,  70;  called  Nassau,  by  the  Dutch ib. 

the  claim  to,  by  the  Earl  of  Stirling II,  249,  368  et  seq. 

boundary  between,  and  Connecticut 367 

patent  for,  to  Earl  of  Stirling 369  note. 

claim  to,  surrendered  by  Earl  of  Stirling  to  Duke  of  York 371 

settlers  from  Connecticut  on  the  first  cause  of  the  boundary  difficulties,         507 
Long  Island  Sound I,  230 

Connecticut  exercises  jurisdiction  over  islands  in II,  234 

islands  in,  566 ;  claimed  by  Connecticut 368,  377,  382 

Long  Island  in  St.  Lawrence  River II,     51 

Long  Isle  in  Lake  Champlain I,  227,  233,  235 

Long  Pond II,  417,  794 

Long  Ridge,  town  of II,  415 

Long  Sault II,     50 

Loomis,  Daniel II,  2\0 

Lott,  Abraham,  Treasurer  of  Colony  of  New  York II,  790 

Louisiana,  the  French  of,  I,  68,  71 ;  erected  into  a  Province II,     66 

Lovelace,  Francis,  Governor  of  New  York I,  45;  II,  232,  236 

letter  from,  to  inhabitants  of  L.  I.,  598;  to  Governor  Carteret,  of  New 

Jersey  . . , ib. 

Lovelace,  Lord,  Governor  of  New  York II,  273 

Lowell,  John,  Massachusetts  boundary  commissioner,  I,  216;  agent  of  Mas- 
sachusetts before  Congress II,  190,  193 

Lower  Sault  Island II,     50 

Lucas,  Nicholas II,  765 

Lyons II,  794 

Lyons  Point,  Long  Island  Sound I,  58,  60,  230;  II,  244,  305,  313, 

326,  336,  390  et  seq.,  565 

starting  point  for  New  York  and  Connecticut  line II,  262,  265 

M. 

Mabee,   Casparus II,  791 

McCoy,  John,  astronomical  survey  station  in  1845  at  the  house  of II,     61 

McDougall,  Alexander,  delegate  from  New  York  to  United  States  Congress,     I,  163 


Index.  835 

PAGE. 

McKay's  Ridge II,  415 

McKean,  Mr.,  delegate  from  Delaware I,  131,  170 

Mackevers,  New  York  attorney  in  Jersey  boundary  disputes II,  677 

Mackinaw  claimed  for  New  York I,  112 

Maclay,    William,    Pennsylvania    commissioner    to    ascertain    northern 

boundary I,  251 

McMurry,  errors  made  by,  in  placing  Lake  Erie I,  319 

Macy,  Thomas,  of  Nantucket I,     48 

Madawaska  Islands II,    57 

Madison,  Mr.,  of  Maryland I,  121,  167 

Maggalloway  River II,     59 

Maggin,  Alexander II,  617 

Mahackamack,    Mackhackamack,    Maghagkameck,    Mahaghameck  River. 

I,  234;    II,  613,  616,  623,  632,  638,  664,  754,  771,  780,  796,  799 

places  near 613 

part  of  Minisincks 665 

Marharness  River II,  415 

Maine,  Province  of I,  31,    33 

various  names  for,  in  early  times 45 

included  in  the  second  Massachusetts  charter 53 

Mamaroneck  River *  II,  232,  233 

to  be  the  boundary  between  New  York  and  Connecticut I,    25 

New  York  and  Connecticut  line  to  be  run  from,  to  Hudson's  River,  II,  232,  236 
Manhatans,  Manhitas,  Manhattan  Island  ...  I,  24,  28,  71,  236;  IT,  101,  599,  662,  757 

Manissing II,  623 

Manning's  Island I,     28 

Maps  of  the  several  Colonies  mentioned I,     28 

English,  not  reliable,  being  copies  of  French I,     68 

Mitchell's 102  et  seq.;  1  Metcalf's,  II,     19 

ancient,  of  New  York 653 

of  New  Jersey,  mentioned 766,  771 

of  New  York  and  New  Jersey  line  mentioned 687 

of  New  York  and  New  Jersey  line  made  by  Keith,  II,  989;  another, 

mentioned 780 

old  Dutch,  of  New  York,  mentioned II,  762 

Marbletown I,     29 

Martin's  (Martha's)  Vineyard I,  10,  22,  29,  70,  114;  II,  565 

to  elect  magistrate  under  New  York,  I,  35;  in  Duke's  County,  48; 

laws  for iD- 

title  to,  disputed  between  New  York  and  Massachusetts 55,    56 

Martlings,  Barent II,  799 

Maryland I,  26,  63,  122,  154 

declaration  by,  relative  to  the  confederation 129 

objections  of,  obviated  by  the  cession  by  New  York  and  Virginia 160 

ratifies  the  articles  of  confederation 161,  166 

recognizes  the  jurisdiction  of  New  York  over  Six  Nations 168 

line  between,  and  Pennsylvania  settled 241 

Mason  and  Dixon's  line I,  279 

Mason,  John,  house  of,  on  the  Sheepscot I,  40,    44 


836  Index. 

PASS. 

Mason's  grant,  New  Hampshire  or I,  77  et  seq. 

Massachusetts I,  25,  33,  67,  69  et  seq.,  93,  100,  103,  1 14,  122;  II,  759 

second  charter  of I,  52 

boundaries ib.  et  seq. ;  II,  269 

boundary  of,  with  New  York  settled I,  71 

how  established 209  et  seq. 

monument  on  the 231 

in  dispute II,  1 

determination  of  line  between  and  New  York 88-224 

influence  of,  in  Pemaquid,  1, 44 ;  petitioned  by  Pemaquid  for  protection,  45 

exercises  authority  over  Pemaquid 46 

grants  Fisher's  Island 51 

claims  of , 74,  7;),  99 

claims  lands  in  the  jurisdiction  of  New  York 213 

claims  of,  to  New  York  soil  refuted  by  Dutch  title II,  101 

cannot  extend  beyond  charter  of  1691 103 

recommended  to  release  western  territory I,  168 

recognizes  the  jurisdiction  of  ISlew  York  over  the  Six  Nations ib. 

cession  of  lands  by,  183  et  seq.,  190;  accepted  by  Congress 184 

agreement  between  and  New  York  respecting  lands  west  of  Hudson 

River  , 216 

cedes  territory  to  New  York 239 

agrees  not  to  molest  New  York  settlers  at  Housatonic II,    90 

encroachments  by,  on  New  York  territory  considered  in   New  Vork 

council 106  et  seq.,  109,  112,  114,  118 

settlement  by,  of  lands  west  of  Connecticut  River,  of  long  standing. . .  Ill 

people  of,  settle  sixteen  miles  from  Albany 95 

people  from,  invade  New  York  soil 99 

arrest  of  invaders  from,  ordered 116 

delegates  from,  intriguing  to  take  western  territory  from  New  York. . .     I,  182 
General    Court,   proceedings    in,   relative    to    New    York    boundary 

lines II,  88-90,  92,  93,  133 

action  of,    on  report  of  Chief  Justice   of  New   York  on   encroach- 
ments    105  et  seq. 

proceedings  in,  on  the   New  York  complaints  of  encroachments  by 

Massachusetts 110,  119 

representatives  of,  vote  to  have  Halenbeck  released  by  New  York 123 

resolutions  of  Senate  of,  relative  to  wnode  of  running  the  New  York 

line  and  appointing  new  commissioners 198 

commissioners  appointed  by,  to  settle  the  boundary  line  with  New 

York,  88 ;  new  commissioners  appointed 93,     94 

and  New  York  boundary  commissioners,  proceedings  of,  158  et  seq.  ; 

agree  upon  a  line 176 

boundary  commissioners  of,  delay  the  running  of  the  boundary  with 

New  York 187 

Massachusetts  Angle,  monument  at  the II,  491 

Massachusetts  Bay I,  52,  et  seq. 

Matchippaconck,  lands  at,  in  dispute  between  New  York  and  New  Jersey. .  II,  680 
Matlack,    Secretary  of    Pennsylvania,  letter  from,  to   Agents    of    Penn- 
sylvania, at  London I,    51 


Index.  837 

PAGE. 

Mathews,  John H>     83 

Mathews,  Vincent,  New  York  boundary  commissioner I,  231,  II,  353 

Mathews,  delegate  from  Maryland I,   163 

Matoktemack  Brook ^. .  ^.^ II.  792 

Matowacks,  Indian  name  for  Long  Island I,  20,  22,  70,  100;  II,  564,  757 

Mattayan  Creek I.  237 

Maverick,  S.,  Royal  Commissioner I,  25,  33;  II,  230,  565 

May  River,  name  for  Delaware  River II.  653 

Maybee,  John II.  792 

Mayhew,  Matthew,  Collector  of  Customs  for  Duke's  County I,    48 

Mayhew,  Thomas,  Duke's  County  conveyed  to,  I,  48;  appointed  to  super- 
intend affairs  in  Duke's  County,  ib;  takes  out  new  patents ib. 

Medunekeag  River II.     56 

Meeker II,  795 

Merrimack  River I,  53,  77,  216;  II,  181 

Metcalf's  map » II.     19 

Michaud's  (Jos.)  Island II,    57 

Michigan I.  112 

Middagh,  Abm II,  796 

Middle  Island II,    52 

Middleton,  Conn.,  New  York  and  Massachusetts  boundary  commissioners 

to  meet  at II,  120,  121,  123  et  seq. 

Middletown,  Pa I,  266 

Mifflin,  Thomas,  Speaker  of  Pennsylvania  Assembly;  letter  to,  from  P. 

Muhlenberg I,  295 

Governor  of   Pennsylvania,  letters  to,  from    A.   Ellicott,   302,   314 ; 
from  Tench  Coxe,  305,  307  ;    from  R.  Butler,  309  ;    from    United 

States  Secretary  of  Treasury 331 

letters  from,  to  Alex.  Hamilton,  330;  to  Comptroller-General  Nicholson,         ib. 

Mile  Plain,  Conn II,  419 

Miles,  John,  Ensign II,  239 

Miller,  Massachusetts  boundary  surveyor II,  178 

Mill  River II,  416 

Mill  Town  on  Croton  River i II,  419 

Minf ords  Islands I,     28 

Minisinck  lands  claimed  by  New  Jersey II,  613 

country  about,  forcibly  taken  by  New  Jersey 763 

great,  Patent  of 652,  665.  680,  693  et  seq. 

lands  granted  to  Delancey  and  others ...         615 

Lieutenant-Governor  Clark  interested  in  the  patent  of 666 

claims  of  owners  of,  examined 673  et  seq. 

disputes  between  patentees  of,  and  proprietors  of  Eastern  New  Jersey,         686 
Patent  bounded  on  the  Jersey  line,  687;  Lieutenant-Governor  Delancey 
one  of  the  owners  of,  688 ;  owners  of,  petition  New  York  Council . .  690 

Patentees,  report  on  petition  of,  in  New  York  Assembly 704  et  seq.,  714 

memorial  of  ownera  of,  to  General  Assembly  ordered  printed 736  et  seq. 

great  and  little,  II,  674,  691,  693,  720,  723;  declared  to  be  in  Ulster 

County 675 

Minisinks  Island II,  680,691,  739,  744,  780 


838  Index. 

Minisinks  Island —  Continued.  page. 

land  between,  and  Delaware  at  the  disposal  of  the  Crown 683 

little,  in  Delaware  River 701 

thirty  miles  below  41°  40' 709 

Minisink  Mountain II,  796 

Missishoi  River II,     20 

Mississippi  River I,  92,  112, 115  et  seq.,  121,  157;  II,  66  et  seq. 

Mississippi  Territory I,     71 

act  to  establish  a  government  in I,  195 

Missouri  River II,     66 

Mitchell,  delegate  from  Connecticut I,  188 

Mohawk  branch  of  Delaware  River I,  247,  254,  274;  II,  771 

Mohawk  Country II,       1 

Mohawk  River I,  101 

Monanis,  Island  of,  part  of  Pemaquid I,     43 

Monckton,  Robert,   Governor  of  New  York,  grants  patent  for  Captain's 

Island II,  373 

Monhegan,  part  of  Pemaquid I,     43 ,  44 

Monomack,  alias  Merrimack  River I,     53 

Monroe,  J  ames II,  193 

Montauk  Point,  L.  I I,     29 

Montgomery,  delegate  to  United  States  Congress I,  171 

Montgomery,  John,  Governor  of  N  ew  York II,     93 

Montgomery,  Joseph,  Pennsylvania  boundary  commissioner I,  284 

Montgomery,  William,  Pennsylvania  commissioner  to  investigate  northern 

boundary I,  251 

Montreal,  I,  6!) ;  II,  17;  the  Iroquois  reside  near I,  109 

Monuments  placed  on  United  States  northern  boundary II,  57  et  seq. 

location  of,  on  the  State  boundaries I,  #35  et  seq. 

placed  by  New  York  and  Pennsylvania  boundary  commissioners. .  I,  248,  275 

on  the  New  York  and  Vermont  line II,  81  et  seq. 

on  the  North-west  corner  of  Oblong  described 178 

erected  on  New  York  and  Massachusetts  line 210,  392 

erected  on  New  York  and  Connecticut  line,  1725,  341 ;  in  1731 . .  II,  361  et  seq. 

in  New  York  and  New  Jersey  line 755 

Moore,  Sir  Henry,  Governor  of  New  York I,  97,  212 

intends  to  ascertain  Northern  line  of  New  York II,       1 

expenses  of,  in  determining  New  York  and  Canada  line 5 

letters  from,  to  Earl  of  Shelburne,  II,  2,  3,  5;  to  Lords  of  Trade 1,  2,    5 

letter  to,  from  Earl  of  Shelburne,  155;  speech  of,  to  the  Council  and 

Assembly 157 

Mapo  Brook II,  365,  418,  464,  467 

Morehouse,  William II,  489 

Morgan,  E.  D.,  Governor  of  New  York,  messages  from,  to  Legislature,  II, 

454,  460,  506;  communications  from,  to  same 455 

Morgan,  George L  134 

Morris,  Colonel,  member  of  New  York  General  Assembly II,  650 

Morris,  Governor  of  New  Jersey II,  741 

Morris,  Charles,  Royal  Boundary  Commissioner II,  769  et  seq. 

Morris,  Dennis H,   '93 


Index.  839 

PAGE. 

Morris,  Lewis,  Chief  Justice  of  New  York  Province II,  614,  666. 

President  of  New  Jersey  Council ;  letter  from,  to  Col.  Schuyler II,  643 

Morris,  RohertH.,  New  Jersey  and  New  York  boundary  commissioner,  II,  646,  652 

Morris,  William,  New  York  boundary  commissioner I,  267,  270,  273 

Morris,  William  M.,  New  York  boundary  commissioner    I,  234 

Morse,  Charles 1,  164 

Mount  Washington,  town  of I,  240;  II,  219 

Muhlenberg,  Peter,  Vice-President  of  Pennsylvania;  letter  from,  to  Dele- 
gates in  Congress I,  286 

to  Speaker  of  Pennsylvania  Assembly 295 

letter  to,  from  Delegates  in  Congress 289 

Munjoy,  George,  of  Falmouth I,  44,     45 

Murderers' Creek I,  29;  II,  674 

Murray,  Joseph,  New  York  boundary  commissioner II,  139 

Member  of  New  York  Council 673,  706,  714,  729 

Muscongus  Grant  in  County  of  Canada I,    41 

settlement  on,  destroyed  by  Indians 43 

Muscongus  River I,    31 

Muskingum,  meeting  of  Indians  at I,  296  et  seq. 

Myers,  Cornelius II,  791 

Mystic  River I,    51 

N. 

Nanfan,  John,  Lieut-Governor  of  New  York,  I,  104,105;  message  of,  to 

General  Assembly 107 

Nantuckett I,  10,22,  29,  54,70,  114;  II,  565 

to  belong  to  New  York I,    35 

in  Duke's  County,  48;  called  the  Town  of  Sherborne ib. 

declared  part  of  Massachusetts I,  54  et  seq. 

Justices  of,  attend  the  Court  of  Assizes  at  New  York 49 

Narragansett,  Narrow  Hygansett I,  10,  22,  53,  74;  II,  757 

Narragansett  Bay I,     49 

N  arragansett  Country II,  103 

Narragansett  River II,  226,  564 

Nassau,  Long  Island  called  by  the  Dutch I,     70 

Nassau,  British  settlement  of I,  319 

Navy  Island II,     52 

Neck,  Great,  on  Sheepscot  River I,    41 

Nevill,  Samuel II,  678 

New  Amsterdam,  I,  71 ;  located  under  41  degs.  N.  L.  on  old  map II,  653 

New  Castle,  County  of,  formerly  called  Cornwall I,  33,     34 

Newcastle,  Del.,  I,  50,63,242;  II,  764;   sold  to  William  Penn,  50;   not 

included  in  grant  to  Duke  of  York 51 

New  Dartmouth,  Me.,  I,  38;  the  settlement  at  Sheepscot  called I,     41 

New  England,  I,  10,  22  et  seq.,  26,  63;  II,  662;   boundaries  of I,  7  et  seq.,  216 

boundaries  of,  with  Nova  Scotia  not  determined II,     66 

Pemaquid  under  the  same  government  as I,     47 

state  of,  in  1721 II,  069 


840  Index. 

New  England  —  Continued.  PAQI!t 

no  men  of,  wanted  on  the  Royal  commission  for  the  New  York  and 

New  Jersey  line 661 

New  Fairfield  Hills Ht  356 

Newfoundland I,  92;  II,    65 

New  France,  I,  5,  71 ;  exploration  of  territory  between,  and  New  Mexico 

ordered , Ij^     qq 

New  Hampshire I,  33,  76,  99,  100,  103,  166,  210;  II,  113,  151 

or  Mason's  grant 77 

New  Hampshire  grant I)  85;  II,  787 

disputes  arising  out  of 86 

New  Hampshire,  Province  of I;     70 

made  a  separate  government -. 77 

boundaries  of,  under  the  new  charter,  ib.,  II,  269;   fixed  by  Royal 

order '. I(     82 

claims  of ib. 

Assembly  of,  complain  against  their  Governor ib. 

a  King's  Province 184 

divested  of  territory  by  the  Quebec  act  of  1774 88 

See  New  York  and  New  Hampshire  Boundary  Acts. 

State  of 124 

controversy,  conclusion  of 224  et  seq. 

New  Harbor,  destroyed  by  Indians I,  42,     46 

New  Haven,  Colony  of,  II,  225;  treaty  of,  1767,  1,  79;  New  York  and  Mas- 
sachusetts boundary  commissioners  meet  at II,  158 

Newichwanock,  River  of I,  53,     78 

New  Jersey I,  72,  95,  100,  103,114,  122;  II,  566 

called  Nova  Cesarea '.     I,  24;  II,  759 

granted  to  Lord  Berkeley  and  Sir  G  Carteret,  I,  23;  boundaries  under 

the  grant  of  1664 24;  II,  662 

boundaries  of,  in  1721 269 

definition  of  the  bounds  of 687 

commissioners  to  settle;  letters  from  to  Speaker  Livingston H,  645 

to  Governor  Clinton II,  646 

before  the  General  Assembly  of  New  York II,  647 

exercises  authority  over  Long  Island  and  is  rebuked 598 

grants  land  on  Staten  Island  to  Governor  Dongan  of  New  York 629 

Governor  Dongan  says  Tappan  is  in 633 

jurisdiction  of,  over  part  of  Hudson's  River I,  237;  II,  662 

claims  the  Minisinck  lands 615 

inhabitants  of,  forced  to  train  in  the  Orange  County,  N.  Y. ,  militia  . . .  667 

encroach  upon  lands  granted  by  New  York 690 

government  of,  surrendered  to  the  Crown 760 

takes  forcible  possession  of  Minisink  region 763 

justices  from,  attend  the  Court  of  Assizes  at  New  York I,     49 

Legislature  of,  sends  a  remonstrance  to  United  States  Congress I,  177 

divided  into  East  and  West II,  662,  765 

East,  mentioned,  I,  66  et  seq. ;  patent  for,  to  be  prepared II,  599 

boundaries  of ib. 

conveyed  to  the  proprietors 662 


Index.  841 

New  Jersey  —  Continued.  paok. 

the  claim  of,  to  Long  Island  to  be  quieted,  II,  600 ;  Indian  trade  with, 

to  be  prevented ib. 

not  to  buy  lands  from  Indians  on  New  York  side  of  partition  line ib. 

proprietors  of  East  and  West,  memorial  of,  on  the  running  of  the  New 

York  and  New  Jersey  line II,  625 

surrender  the  government  to  the  Crown 760 

proprietors  of  East,  will  defend  proceedings  of  their  agents 655 

memorialize  Governor  Belcher  on  running  the  New  York  line  ....  661  et  seq. , 

690  et  seq. 

West,  petition  to  reannex,  to  New  York,  I,  63;  mentioned I,     2!) 

disputes  between,  and  Minisinck  patentees 686 

Council  of,  opinions  of,  on  the  boundary  question 709 

advises  to  protect  New  Jersey  settlers  on  the  disputed  lands  by  militia,  II,  710 
reports  on  memorial  of  East  New  Jersey  proprietors  to   Governor 

Belcher II,  696  et  seq. 

on  the  New  York  boundary  question II,  779 

New  Jersey  and  New  York  boundary  line I,  235 

disputed 68,  II,      1 

settlement  of,  of  1719  referred  to I,     71 

determination  of II,  598  et  seq. 

statement  of  New  York  agents  regarding 755 

statement  by  New  Jersey  agents  concerning 764  et  seq. 

brief  of  the  claims  of,  relative  to  boundary  line 764 

New  London,  Conn I,    70 

NewMilford,  town  of 11,366,  420 

New  Netherland II,  765 

discovery  of,  1,  5;  boundaries  of,  ib.,  7,  8;  II,  225;  V.  D.  Donck's 

description  of,  I,  8;  granted  to  Duke  of  York 10 

extents  of,  the  basis  of  New  York  territorial  claims II,  101 

agreement  of,  with  New  England  Colonies  concerning  Connecticut  line,         225 

ancient  maps  of 653 

New  Paltz I,    29 

New  Plymouth I,  33,  52  et  seq. 

See  Plymouth. 
New  Rochelle,  New  York  and  Connecticut  boundary  commissioners  to 

meet  at II,  304 

Newton,  Sir  Isaac II,  626 

Newtown I,     29 

New  Utrecht I,    29 

New  York,  city  of,  I,  28,  33,  62;  newspapers  of,  mentioned II,  649 

County  of,  established 28 

New  York,  Province  of,  Denton's  description  of I,     26 

divided  into  counties k 28,  30 

authority  of  Duke  of  York  as  Viceroy  only  extended  to  Provinces  of 

New  York  and  Maine 33 

address  of   Governor  and  Council  of,  to  the  king    concerning  the 

boundaries 62 

injured,  if  not  allowed  to  trade  with  the  Indians 64 

report  of  Governor  Tryon  concerning 100 


842  Index. 

New  York  —  Continued.  PAOE 

derives  its  territory  from  two  sources 100 

territory  of,  claimed  by  different  nations 113 

State  of,  opposes  the  western  claims  of  Massachusetts  and  Connecticut,         122 

claim  of,  very  extensive ib. 

Province  of,  the  protector  of  the  Six  Nations 168 

territory  of,  claimed  and  invaded  by  Massachusetts  people,  II,  !ii); 

report  tbereon  by  the  chief  justice 100  et  seq. 

land  grants  in,  instruction  as  to,  by  Lords  of  Trade 273 

boundaries  of,  I,  26;  report  on,  by  Governor  Andros,  27;  by  Governor 

Dongan 27 

as  described  by  Cad.  Colden,  66;  Gov.  Clinton,  68;  Douglas 69 

as  defined  by  the  treaty  of  London II,  102 

as  defined  in  Royal  instructions ib. 

as  represented  by  Lords  of  Trade  in  1724 269 

extent  of 759 

to  be  inquired  into  by  order  of  Committee  of  Safety I,  114 

as  described  by  Revised  Statutes 230  et  seq 

with  Massachusetts  and  New  Jersey  in  dispute II,       1 

General  Assembly  of,  address  of,   to  the  Governor  on  the  boundary 

question II,  154 

Legislature  of,  instructs  delegates  in  Congress  on  the  boundary  question,  I,  151 
delegates  in  Congress  from,  declaration  by,  regarding  the  boundaries,  I,  164 
exercises  jurisdiction  over  Martha's  Vineyard  and  Nantucket,  I,  48; 

Pemaquid,  49,  Prudence  Island 50 

claims  customs  jurisdiction  over  Amboy,  N.  J  II,  600 

all  land  west  of  Connecticut  River  claimed  for 233 

records  of  State  of,  at  Esopus I,     51 

and  Connecticut  boundary  line I,  24,  et  seq.,     70 

confirmed,  58;  of  1725 71 

as  described  in  agreement  of  1664 II,  228  et  seq. 

agreement  in  1683  concerning 244 

described  in  agreement  of  1683 ib. 

described  by  law  of  1719 265 

denned  by  Connecticut  act  of  1723 275 

as  per  agreement  of  1725 336  et  seq. 

as  agreed  on  in  1731,  356  et  seq. ;  monuments  on 361  et  seq. 

question  reopened  by  Connecticut,  1855 385  et  seq. 

has  become  traditionary 390  et  seq. 

straight  line,  difference  between,  and  traditionary  line 423,  497 

joint  boundary  line,  determination  of 225 

to  be  run  from  Mamaroneck  to  Hudson  River 232,  236 

list  of  papers  relative  to 314 

land  transferred  from  New  York  to  Connecticut  by 423 

opinion  of  counsel  on 426  et  seq. 

New  York  engineer's  report  on 547  et  seq. 

report  from  Attorney-General  of,  on,  in  Long  Island  Sound 578 

agreement  between  Connecticut  Delegates  and  Royal  Commissioners 

relative  to 228 

Rye,  Westchester  County,  claimed  by  Connecticut 238 


Index.  843 

New  York  —  Continued.  page. 

Ridgefield,  Conn.,  adjudged  to  belong  to  New  York 351 

caveat  entered  with  the  Secretary  of,  against  New  York  patent  for 

Calves  Island,  Long  Island  Sound 368 

jurisdiction  of,  in  Long  Island  Sound,  judicial  opinions  on 567  et  seq. 

Connecticut  appoints  Commissioners  to  treat  with 243 

report  of  Commissioners  and  Surveyors  running  New  York  and  Con- 
necticut line 247 

new  Commissioners  appointed  by  Connecticut  to  run 252 

Commissioners  appointed  to  run,  257;  letter  from  New  York  Commis- 
sioners to  Connecticut  Commissioners 259 

delay  in  ascertaining,  caused  by  Connecticut 271 

proposals  to  Mew  York  Commissioners  by  Connecticut  Commissioners,  305,  313 

report  of 316  et  seq. ;  388  et  seq. ;  507  et  seq. 

communication  to,  from  Connecticut  Commissioners,  334;  agreement  of, 

with  the  same,  1725 336  et  seq. 

report  of  survey  of,  by  joint  Commissioners 341 

Commissioners  to  meet  at  Horse  Neck 352 

agreement  between,  and  Connecticut  Commissioners,  1731 355,  et  seq. 

meet  Connecticut  Commissioners  at  Portchester 388 

proceedings  of  joint  boundary  commissioners  in  1860,  513  et  seq. ;  line 

located  in  1860 539 

commissioners  appointed  by  New  York  for  determining,  583 ;  report  of 

commissioners  on 584 

report  of  joint  committee  regarding,  280  et  seq. ;  ordered  to  be  sent  to 

Connecticut 290 

Governor  of,  communication  sent  to,  by  General  Assy  of  Connecticut 

claiming  land  on  Hudson  River 236 

Provincial  Council,  proceedings  in,  with  the  Connecticut  boundary 

commissioners 244 

minutes  of,  on  receiving  Royal  confirmation  of  agreement  of  1683 251 

relating  to  Connecticut  line,  255;  on  the  appointment  of  boundary 

commissioners '. 257,  297,  324,  331 

on  the  running  of  the  Connecticut  line 261 

on  a  letter  from  Governor  of  Connecticut,  and  Connecticut  act  con- 
cerning the  boundaries 270 

on  law  passed  by  Connecticut  on  the  boundary  line 280  et  seq. 

to  prepare  instructions  for  boundary  commissioners,  300  et  seq. ;  pro- 
vides for  the  expenses  of  commissioners 303 

on  the  failure  of  Connecticut  boundary  commissioners  to  appear 303 

on  attendance  of  the  New  York  commissioners  at 304 

on  report  of  boundary  commissioners 321 

on  memorial  from  boundary  commissioners  to  Governor 343 

advises  Governor  to  grant  patents  to  people  of  Ridgefield,  Conn 351 

on  petition  of  J.  Anderson,  grantee  of  Captain's  Island,  arrested  for 

trespass  by  Connecticut 379  et  seq. 

Council  of,  minutes  of,  on  expenses  for  running  Connecticut  line,  263,264,304,  331 

share  in  expenses  of  running  Connecticut  line 348  et  seq. 

expenses  of  commissioners  to  ascertain 404 

appropriation  for  running 664 


844  Index. 

New  York —  Continued.  pasb. 

General  Assembly  of,  statement  by,  concerning  the  boundaries  with 

Connecticut I,     72 

proceedings  in,  on  Connecticut  Boundary  Act  of  1723 II,  279 

message  to,  from  Governor  Burnet,  322;  proceedings  in,  on  receipt  of 

same 323 

Boundary  Commissioners,  letter  to,  from  Connecticut  commissioners, 

260;  letter  from,  to  Governor  Hunter 260 

re-appointed,  330;  instructions  to  same 331 

memorial  from,  to  Governor  Burnet 343 

report  of,  to  Legislature 507  et  seq. 

Legislature  of,  message  to,  from  Govenor  Robinson 580 

Senate  of,  proceedings  in,  on  report  of  boundary  commissioners 432  et  seq. 

proceedings  in,  on  Connecticut  boundary  questions,  461;  report  to,  by 

boundary  commissioners 461 

directs  Attorney  General  to  report  on  New  York  jurisdiction  in  Long 

Island  Sound,  560;  report  to,  of  Attorney  General 561 

directs  Attorney  General  to  commence  proceedings  in  United  States 
Courts  for  determination  of  New  York  and  Connecticut  line  in  Long 

Island  Sound 575 

Legislature  of,  concurrent  resolutions  of,  on  the  reopening  by  Connecti- 
cut of  the  boundary  question 386 

eastern  boundary  of,  the  Connecticut  River I,     81 

commissioners  of,  report  of II,  125, 137,  143 

territory  ceded  to,  by  Massachusetts I,  239 

inhabitants  of,  settled  at  Housatonic  not  to  be  molested  by  Massachusetts,  II,    90 

Massachusetts  empowers  her  agents  to  resist  claims  of 201 

agreement  between,  and  Massachusetts  respecting  lands  west  of  Hud- 
son River I,  216 

Boston  Corner  ceded  by  Massachusetts  to,  II,  219;  accepted 220 

and  Massachusetts  boundary  line  unsettled I,     71 

how  established 209  et  seq. 

to  be  ascertained '. 291 

determination  of II,  88,  224 

commissioners    appointed     by,    to     settle,     139;     instructions,     ib.; 

commission 141 

laid  before  the  King  by  Lords  of  Trade 148 

Commissioners  of,  journal  of,  read  in  the  General  Assembly 158  et  seq. 

proceedings  of 158  et  seq. 

agree  upon  a  line 176 

run  and  described 177 

instruments  used  in  running,  defective 178 

running  of,  stopped  by  Massachusetts  commissioner 179,  187  et  seq. 

proceedings  in  United  States  Congress  on 189 

Unted  States  commissioners  appointed  to  run 196 

report  of  commissioners  on  the  same , . , 197,  200 

field  book  of  survey  of,  by  S.  DeWitt 205 

plan  of,  by  Thomas  Hutchins 213  et  seq. 

Council  of,  minutes  of,  concerning  title  to  Martha's  Vineyard I,     56 

address  of,  to  the  King  concerning  title  to  Martha's  Vineyard 57 


Index.  845 

New  York — Continued.  task. 

minutes  of,  relative  to  settlers  on  Westenhook  patent II,    90 

relative  to  Massachusetts  boundary. .  93, 98,  99, 125, 132,  137, 139, 143  et  seq.,  152 

relative  to  encroachments  by  Massachusetts 106  et  seq.,  109,  112, 

114,  118, 124  et  seq. 

report  to,  by  boundary  commissioners 143 

General  Assembly  of,  message  to,  from  Governor  Tryon  regarding 

Massachusetts  line I,  211 

from  Governor  Clinton II,  109 

proceedings  in  relation  to  Massachusetts  boundary 91,  93,  96,  97,  171 

on  the  report  of  the  boundary  commissioners 168  et  seq. 

Legislature  of,  message  to,  from  Governor  Clinton  regarding  Massa- 
chusetts' claim  to  New  York  lands I,  213,  224 

proceedings  in,  on  the  final  settlement  of  New  York  and  Massachusetts 

boundary  line II,  217  et  seq. 

State  of,  cited  to  appear  by  agents  before  Congress  in  the  Massachu- 
setts boundary  question 181 

agents  of,  before  Congress,  report  of 193 

expenses  of,  in  determining  Massachusetts  line 224 

Council  of  Province  of,  minutes  of,  ordering  commissioners  to  be  sent  to 
Pemaquid  to  assert  the  right  of  New  York  to  Fisher's  Island,  etc. .  ib. ;  I,     35 

on  Pemaquid  matters 38 

on  retaking  possession  of  Pemaquid 35 

and  New  Hampshire  boundary  fixed  by  order  in  council 82 

extends  its  jurisdiction  over  the  New  Hampshire  grants 86 

and  New  Jersey  boundary  line I,  235 

disputed I,  68;  II,  145 

boundary  line  with  East  New  Jersey  settled  in  171 9 I,    71 

determination  of II,  598,  et  seq. 

final  determination  on 769 

to  be  run  from  Hudson  to  Delaware  River 600 

position  of  41  degs.  N.  L.  on  Hudson  River 602 

the  delay  of  settling  injurious  to  both  governments 603,  604 

commission  and  instruction  for  the  commissioners 608  et  seq 

agreement  of  commissioners  regarding 611  et  seq. 

memorial  of  New  York  Surveyor  on  running 618 

owners  of   land  on  the  New  York  side  of,  petition  for  its  definite 

settlement 621 

commissioners,  legality  of  appointment  doubted 622 

opinion  of    Agent   Charles  on  the  settlement  of,  654;    thoughts  of 

the  same  (?)  on 659 

line  of  1719  a  random  line 660 

no  S  ew  England  or  Pennsylvania  men  wanted  in  the  commission  to  settle         661 

as  agreed  upon  by  Gov.  Dongan  and  the  Governor  of  New  Jersey 691 

a  temporary  line  of  jurisdiction  recommended 706 

papers  relative  to,  ordered  to  be  printed 729 

instructions  to  Gov.  Hardy  relative  to 731  et  seq. 

statement  of  the  agents  of,  concerning 756 

survey  of  the,  decided  upon,  775 ;    Orange  County  people  threaten  to 
prevent  surveys 776 


846  Index. 

New  York  —  Continued.  page. 

provision  made  to  pay  expenses  for  running 605,  664 

Council,  minutes  of,  on  allowances  for  running .' 610 

expenses  of  running,  616,  642 ;  of  surveying 790 

for  ascertaining ..   773,  778 

on  expenses  of  running   778 

conference  with  Indians  relative  to  trade  with  East  Jersey 600 

relative  lo  the  running  of  the  New  York  and  New  Jersey  line 601 

appointment  of  commissioners  to  run  New  York  and  New  Jersey  line,  607 

on  a  petition  relative  to  the  claim  of  New  Jersey  to  Minisinck  patent,  615 

report  of  committee  of,  on  the  memorial  of  Allan  Gerard 619 

on  the  petition  of  land  owners  along  the  Jersey  line 625 

on  the  petition  of  Allan  Jarratt  to  be  appointed  Surveyor  General,  641 ; 

and  expenses  of  running  New  Jersey  line ib. 

ordering  Surveyor  General  Colden  to  examine  Jarratt's  quadrant 644 

on  lands  on  the  New  Jersey  line  in  dispute  661 

on  the  disputes  between  parties  living  on  either  side  of  the  New  York 

and  New  Jersey  line 672  et  seq. 

dissent  of  James  Alexander  from  report  on  New  York  and  New  Jersey 

boundary  disputes,  677  et  seq. ;  further  action  in  the  matter 684 

on  a  petition  of  Wawayanda  and  Minisinck  patentees 690 

report  of,  on  the  memorial  of  Eastern  New  Jersey  proprietors  to  Gov- 
ernor Belcher,  702;  on  letter  from  Governor  of  New  Jersey 704 

on  report  to  General  Assembly  relative  to  Wawayanda  and  Minisinck 

petition 706 

on  a  letter  from  Governor  of  New  Jersey  and  opinion  of  New  Jersey 

council,  710;  report  on  same 714 

on  a  proclamation    to    be  issued  by  the  Governor  relating  to  riots  in 

Orange  County 729 

on  petition  of  owners  of  land  in  dispute  between  New  York  and  New 

Jersey 745 

on  New  Jersey  boundary  question 773 

on  a  petition  for  protection  in  survey  of  New  Jersey  line 776 

on  a  memorial  of  J.  M.  Scott  relative  to  New  Jersey  line 781 

on  a  Royal  Order  concerning  New  York  and  New  Jersey  line 785 

General  Assembly,  on  petition  to  purchase  proper  surveying  instru- 
ments for  running  Jersey  line 644 

New  Jersey  boundary  commissioners  before  the 647 

on  a  petition  from  freeholders  on  the  Jersey  line  to  be  heard 649 

gives  a  hearing  to  the  freeholders 650  et  seq. 

on  the  settlement  of  the  Jersey  line 655 

message  to,  from  the  Lieutenant-Governor  on  the  boundary  quarrels  in 

Orange  county 685 

resolves  an  address  to  Lieutenant-Governor  urging  speedy  settlement 

of  New  York  and  New  Jersey  line ib. 

report  on  memorial  of  Wawayanda  and  Minisinck  Patentees 704  et  seq. 

resolves  to  provide  means  for  running  Jersey  line  when  station  points 

are  fixed 711 

messages  to,  from  Governor  Hardy,  transmitting  order  for  repeal  of 
act  submitting  controversy,  etc.,  733;  recommending  to  make  pro- 
vision for  running  Jersey  line 785 


Index.  847 

New  York  —  Continued.  paok. 

on  Governor's  message,  II,  736;  on  memorial  of  owners  of  Mihisink 

and  Wawayanda  Patent ib. ,  et  seq. 

on  petition  of  owners  of  land  in  dispute  between  New  York  and  New 

Jersey 746 

New  York  and  Pennsylvania  boundary  line I,  234 

determination  of 24 1  et  seq. 

as  determined  by  Pennsylvania  law 274 

commissioners  appointed  to  determine  259 

report  of  commissioners    on,    263,    269;    letters    from,  to    Governor 

Clinton 263,  271 

Council,  minutes  of,  on  the  settlement  of  the 245,  246,  250 

General    Assembly,    message    to,   from     Governor    Colden,    relative 

to 249 

monument  in,  on  Lake  Erie,  correspondence  relative  to 338  et  seq. 

Regents  of  the  University  of,  report  of,  on  longitude  of 335 

circular  letter  from,  to  supervisors,  relative  to  boundary  monuments, 

I,  341 ;  answers  to  the  letter 343-350 

expenses  of,  in  determining II,  224 

northern  boundary  line  of,  the  St.  Lawrence  River I,  81-98 

not  determined,  67;  the  French  claim  part  of ib. 

determination  of II,  1,  et  seq. 

fixed  at  a  point  on  Sorrel  River 3 

as  defined  by  Treaty  of  Peace,  1814 49  et  seq. 

Indians  desire  line  to  be  fixed I,  107 

how  to  be  run II,     13 

survey  of,  deferred  by  Vallentine's  illness 26 

journals  of  survey  of,  missing 37-8 

divested  of  territory  by  the  Quebec  Act,  1774 I,     88 

General  Assembly  of,  appoints  Edmund  Burke  agent  of  the  Colony  in 

England 89 

letter  to,  from  Edmund  Burke 99 

claims  of,  to  part  of  the  territory  given  to  Quebec 96  et  seq. 

lands  in,  claimed  by  Quebec II,      2 

Provincial  Council,  minutes  of,  relating  to  the  survey  of    Northern 

boundary 8,  9,  13,  20,  21,  22-5,  27,  3! ,  32-36,  37-40 

Provincial  Assembly,  message  to,  from  Sir  Henry  Moore  on,  4 ;  reply 

to  the  same ib. 

proceedings  in 41-43 

expenses  of  fixing 5,  7,  9  et  seq. ,  15,  23 

and  Vermont  boundary  line  settled I,  227 

determination  of II,  80  et  seq. 

report  of  Commissioners  on,  81  et  seq. ;  described ib. 

part  of  town  of  Fair  Haven  annexed  to 87 

action  of,  respecting  the  erection  of  the  State  of  Vermont 224  et  seq. 

Western  Boundaries  of,  to  be  settled  by  delegates  to  United  States 

Congress I(  149 

final  determination  of 283  et  seq. 

within  British  territory 302 

to  be  run  by  A.  Ellicott 305,  311-313 


848  Index. 

New  York  —  Continued.  page. 

report  on  survey  of,  by  A.  Ellicott,  not  found 316  et  seq. 

expenses  of  survey  of 323 

Delegates  to  United  States  from,  declaration  by,  regarding  the  cession 

of  western  lands 163,  190 

cession  of  western  land  by,  accepted  by  Congress 172 

western  territory  to  be  taken  from 182 

Legislature,  joint  resolution  passed  by,  relative  to  act  of  cession  of 

western  lands II,  203 

letter  to,  from  General  Schuyler I,  137 

action  on  a  letter  from  General  Schuyler 141  et  seq. 

See  Tuake  Erie  Triangle. 

Niagara,  post  at I,    98 

the  French  build  a  fort  at I,  108 

Niagara,  Falls  of,  Indian  name  for I,  105 

measured 316 

Niagara  Peninsula I,  111,  114 

Niagara  River 1,  91,  134;  II,     52 

Niagara,  Straits  of I,  154,  185 

Nicholson,  Comptroller  General,  letter  to,  from  Governor  of  Pennsylva- 
nia, I,  330;  letter  from,  to  the  same 331 

Nicholson,  John,  delegate  from  Pennsylvania I,  311 

Nicholson,  William. II,     84 

Nicoll,  Benj.,  New  York  boundary  commissioner II,  139 

Nicoll,  William,  New  York  boundary  commissioner,  I,  209;  report  of,  and 
of  the  surveyor,  II,  177;  Speaker  of  the  New  York  Assembly  and 
boundary  commissioner,  156,  176;  member  of  New  York  General 

Assembly II,  603,  704 

NicoUs,  Col.  Richard,  Governor  of  New  York,  1,  26,  73;  II,  230,  236,  565,  598,  757 
one  of  the  Royal  commissioners,   I,  25;    his  report  on  the.  Duke's 

territory 20,  26 

letters  from,  to  Duke  of  York,  230 ;  to  Mr.  Mayhew 231 

Noble's  Forge II,  793 

Nolichucky  River I,   1 94 

NoMan'sLand I,     29 

North.Lord. 1,97,     99 

*'  North-American  Colonies,"  by  Young,  quoted II,    67 

North  East,  village  of II,  422 

North  Granville,  village  of ,  Vt : II,     86 

North  Partition  Point II,  766 

Northrup,  Joseph,  of  Ridgefield II,  351 

Northumberland,  County  of I,  307 

North  Virginia  ( )ompany I,     69 

North  West  Passage,  Five  Nations  go  as  far  as  the I,     66 

Northwestern  Territory,  titles  for  land  in,  endangered 1,  198 

ceded  to  and  accepted  by  United  States 199 

NortseKil II,  359 

Norumbega,  old  name  for  Penobscot  Territory II,     65 

Norwalk  River II,  359,  415 

Nova  Scotia I,  10,  82,  33.  99,  115,  118 


Index.  849 

Nova  Scotia  —  Continued.  pagb. 

boundary  between  and  N.  E.  not  declared II,    66 

See  Acadia. 
Nut  Islands II,    61 

O. 

Oblong,  the I,  212,  231;  II,  205,  221  et  seq. 

monument  set  up  on  the  North-west  corner  of  the 177 

described 282 

or  Equivalent  tract 424 

Oblong  brook II,  422,  466  et  seq.,  483 

Ogdensburgh,  New  York I,  335 

Ohio  Company II,  66 

Ohio  Country .     I,  112 

Ohio  River I,  92;  H,  67 

territory  on I,  189 

land  on,  to  be  made'  a  separate  Province 243 

Olin,  Henry,  Vermont  -boundary  commissioner I,  232;  II,  81 

Oliver,  Andrew,  Royal  boundary  commissioner II,  769  et  seq. 

Olmstead,  Daniel II,  351 

Olmstead,  Richard,  of  Ridgefield II,  351 

Oniagara,  see  Niagara. 

Ontario  River I,  69 

See  St.  Lawrence. 

Orange  County H,  710,  726,  741 

boundaries  of I,  29 

defined II,  674,  675 

people  of,  exposed  to  hardships  through  irregular  proceedings  of  Jersey 

proprietors 655,  656 

Magistrates  of,  claim  jurisdiction  beyond  the  New  York  and  New 

Jersey  line  of  1719 666 

sheriff,  etc.,  of,  report  disturbances  on  the  Jersey  line 672 

people  of,  constantly  aggress  New  Jersey  people 681 

the  boundary  quarrels  in,  laid  before  New  York  Assembly 685 

inhabitants  of,  threaten  to  prevent  surveys  of  New  Jersey  line 776 

Orangetown,  New  York  and  New  Jersey  boundary  commissioners  meet  at. .  II,  780 

Orton,  Joseph,  Connecticut  boundary  commissioner II,  232 

Osbourne,  Mr I,  51 

Osburn,  Richard,  of  Ridgefield II,  351 

Osgood,  delegate  to  United  States  Congress  from  Massachusetts I,  171,  172 

Ostrom,  David II,  210 

Oswald,  Richard,  English  boundary  commissioner I,  118,  120;  II,  67 

Oswego I,  69 

Oswego,  fort  of I,  97,  113 

Oswego  Lake.     See  Ontario I,  104 

Otis,  James,  Massachusetts  boundary  commissioner II,  122 

Ottawa  River I,  111,  112 

Otter  Creek II,  8 

Owego  River I,  219 

Oyster  Bay,  Long  Island I,  29,  30;  II,  225 

54 


850  Index. 

P.  PAGE. 

Page,  Mr I,  311 

Paine,  John,  patentee  of  Prudence  Island I,  49 

Paine,  Mr.,  New  York  State  Senator I,  141 

Paine,  delegate  from  New  York I,  182 

Painted  Rock,  North  Carolina I,  194 

Pancatuck  River II,  5Qci 

Paris,  Mr.,  solicitor  for  Mr.  Penn,  II,  653;  for  Jersey  proprietors,  656; 

mentioned 730 

Paris,  Treaty  of,  1763 I,  83,  90 

Parker,  Elisha,  New  Jersey  and  New  York  boundary  commissioner II,  646 

Parker,  James,  New  Jersey  boundary  commissioner I,  236;  II,  750,  769  780 

Parker,  John,  member  of  New  Jersey  Council II,  614 

Parker's  Island,  settlement  on,  destroyed  by  Indians I,  42 

Parks,  Mr I,  146 

Parsons,  Theopbilus,  Massachusetts  boundary  commissioner I,  216 

delegate  from  Massachusetts  and  Massachusetts  agent  before  Congress,  II,  193 

Partridge,  Oliver,  Massachusetts  boundary  commissioner II,  122,  135 

Pascak  Brook II,  791 

Patterson,  Robert,  professor  of  mathematics,  University  of  Pennsylvania. .  II,  200 

letter  to,  from  A.  Ellicott I,  279 

Patterson,  William H,  193 

Patterson  turnpike II,  420 

Pattishall,  Richard,  commissioner  for  Pemaquid I,    37 

Paulkney,  Vt I,  227 

Pautuckett  Falls I,  78 

Pawlett,  Vt 1,227;  II,  85 

Peck,  Samuel,  Connecticut  boundary  commissioner II,  251 

Pelham,  manor  of I,  30 

Pell,  John,  II,  238;  New  York  boundary  commissioner II,  265 

Pemaquid,  Petuaquine,  Pentagoet I,  10,  22,  27,  29,  34,  41,  114;  II,  564 

boundaries  of,  I,  31 ;  documents  relative  to,  ib. ;  earliest  settlement  at. .  32 

taken  possession  of  by  Massachusetts 34 

reincorporated  with  New  York  as  County  of  Cornwall 34,    35 

commissioners  sent  from,  New  York  to 35 

land  grants  in,  ib. ;  trade  at ib. 

to  elect  a  representative  to  the  Assembly  of  New  York 37 

petition  of  people  of,  for  relief ib. 

commission  appointed  to  settle  the  Dukes  of  York  title  to ib. 

to  be  surrendered  to  Massachusetts 39 

country  between,  and  St.  Croix  to  be  called  County  of  Canada 41 

ancient  history  of 42 

Patent,  easterly  half  of,  in  County  of  Canada 41 

settlement  destroyed  by  Indians,  42,  46;  Custom-house  established  at. .  ib. 
Indian  meaning  of  the  name  of,  43;   Samaset,  Chief  of,  ib. ;   territory 

between,  and  St.  Croix  granted  to  Duke  of  York 44 

government  of,  established 44 

inhabitants  of,  petition  Massachusetts  for  protection 45 

Court  held  at,  under  authority  of  Massachusetts,  46;  Sir  Edm.  Andros, 

Governor  of U». 


Index.  851 

Pemaquiud,  etc.  —  Continued.  page. 

measures  for  the  settlement  of,  adopted 47 

the  government  of,  united  with  that  of  New  England ib. 

not  retaken  by  the  Dutch  under  Colve 48 

Justices  of,  attend  the  Court  of  Assizes  at  New  York ,  49 

See  Cornwall,  County  of,  Sagadahock. 
Penn,  John,  one  of   the  Proprietors  of  Pennsylvania,  petition  of,  to  the 

King I,  241 

Governor  of  Pennsylvania 274 

Penn,  Thomas,  one  of  the  Proprietors  of  Pennsylvania,  a  petition  of,  to  the 

King I,  241 

Penn,  William I,  63,  241 ;  II,  765  et  seq. 

the  elder,  purchases  Delaware,  I,  50;  leases  New  Castle 51 

suggestions  of,  respecting  the  plantations ,         65 

dispute  of,  with  Lord  Baltimore II,  653 

Pennsylvania.. .  .1,  63,  66  et  seq.,  91,  98,  100,  103,  112,  122,  152,  189;  II,  764,  et  seq. 

how  organized,  I,  50;  agents  of,  letter  to,  from  Secretary  Matlack I,     51 

boundary  lines  of,  interfering  with  the  Five  Nations 27 

and  New  York  boundary  line I,  219,  234;  II,  200 

determination  of I,  241  et  seq. 

report  of  commissioners  on 263,  269 

Council  of,  furnishes  instruments  to  run. 314 

and  Maryland  line  settled 241 

description  of  northern,  273;  desired,  285;  received 286 

northern  boundary  of,  commissioners  appointed  to  determine  . .    258 

offers  to  buy  land  on  Lake  Erie  from  United  States,  292 ;  offer  accepted,  293 

expenses  of,  in  acquiring  Lake  Erie  Triangle I,  295,  311 

lands  on  Lake  Erie  reserved  to  the  State  of 301 

agreement  between  commissioners  of,  and  Six  Nations  for  land  on  Lake 

Erie 303 

United  States  letters  patent  to,  for  Lake  Erie  Triangle,  331 ;  Indian 

deed  to,  for  same 333 

General  Assembly  of,  minutes  of,  on  the  northern  boundary  of  Pennsyl- 
vania  250  et  seq;  283  et  seq. 

draft  of  a  message  to,  on  the  New  York  boundary 289 

proceedings  in,  on  the  northern  boundary  question 290  et  seq. 

proceedings  relative  to  confirmation  of  Lake  Erie  Triangle  purchase. .  296 

messages  to,  from  President  and  Council 300  et  seq. 

Legislature  of,  action  of,  respecting  boundary  line  between  New  York 

and  Pennsylvania 257 

proceedings  in,  concerning  means  of  communication  to  Lake  Erie 308 

proceedings  in,  relative  to  lands  on  Lake  Erie  and  grant  to  Cornplanter,         310 
Delegates  of,  letters  from,  to  Vice-President  Muhlenberg,  289 ;  to  Board 

of  Treasury,  292 ;  letter  to,  from  the  Board 292 

Governor  of,  letters  to,  from  Governor  Colden  of  New  York 244,  245 

boundary  commissioners'  letter  from,  to  President  of  Pennsylvania, 

267;  to  D.  Rittenhouse 269 

no  man  from,  wanted  on  the  Royal  Commission  for  the  New  York  and 

New  Jersey  line II,  661 

Penobscot,  French  on  the,  attacked  by  Capt.  Argal II,    65 


852  Index. 

PAG*. 

Pentagoet,  granted  to  Le  Borgne II,    65 

See  Pemaquid. 

Perth  Amboy,  N.  J II,  614 

Perry,  Andrew,  of  Stamford,  Conn.,  boundary  surveyor II,  437 

Perry,  Isaac II,  791 

Perry,  Jacobus II,  791 

Peters,  C.  H.  F.,  Dr.,  Director  of  Hamilton  College  Observatory I,  335 

Peters,  Richard I,  301 

Phelps  and  Gorham  Purchase I,  222,  305  et  seq.,  316 

Phelps  (Philips),  Mr I,  305 

Philadelphia I,  250,  254,  260,  266,  308;  II,  653 

Philipse,  Adolph,  New  York  boundary  commissioner II,  257,  279 

Philipse,  Adolph,  member  of  New  York  Council II,  621 

Philipse,  Fred I,  60;  II,  779 

accused  of  having  invaded  Connecticut  territory II,  236 

lower  mills  of,  on  Hudson's  River,  674,  691,  693,  763,  772,  780;  a  sta- 
tion for  running  New  York  and  New  Jersey  line 602,  622 

upper  mills  of,  on  Hudson  River 341,  494 

Philipps,  Colonel,  Governor  of  Nova  Scotia II,     66 

Philipps,  Walter,  of  Damariscotta 1,     40 

Phips,  S.,  Governor  of  Boston II,  115  et  seq.,  118,  121 

letter  from,  to  Governor  Clinton 105,  111 

letter  to,  from  Governor  of  New  York II,  117 

Phips,  Sir  William I,  56,     57 

Pine  Island II,     57 

Pinhorne,  William II,  603 

Pinpeck,  a  place  near  the  Muchackemack  River II,  613 

Piscataway  Harbour I,  53,     78 

Pitkin,  William,  boundary  commissioner  for  Connecticut,  I,  58;  II,  242,  243, 

256,  265 ;  re-appointed 263 

Pittsburgh,  Penn I,  296;  II,  200 

Plat,  Joseph,  Connecticut  boundary  commissioner II,  268 

Piatt,  Mr I,  141,  145  et  seq. 

Plumb  Island I,  29,235;  II,  566 

Plymouth  Colony,  limits  of,  as  defined  in  their  patent II,  102 

grant  by,  to  Sir  H.  Roswell 103 

Plymouth  Council I,     31 

grant  to 41 

Plymouth,  Pilgrims  of I,     43 

Pochunk  Mountain II,  795,  797 

Point  Judith II,  564 

PointMoore II,  13,  14,     20 

Pomroy,  Ebenezer,  Massachusetts  boundary  commissioner II,    94 

Portage  Lake II,    59 

Portchester,  New  York  and  Connecticut  joint  boundary  commissioners 

meet  at II,  388 

Porter,  Andrew,  Pennsylvania  boundary  commissioner I,  234,  285 

appointed  to  determine  Northern  boundary  of  Pennsylvania 258 

report  of,  on  Northern  Pennsylvania 286 


Index.  853 

• 

FAei. 

Poughpaxtonk  Creek II,  171 

Poultney  River I,  227,  233;  II,  81,  87 

Pownall,  Mr I,  97 

Pownall,  Governor  of  Massachusetts  at  New  York II,  151 

Pownall,  Vt.,  1,232;  11,82;  township  of I,  227 

Pratt,  Daniel,  Attorney  General  State  of   New  York,  report  of,  on  New 

York  jurisdiction  in  Long  Island  Sound II,  561 

letter  to,  from  P.  C.  Barlow 573 

Pratt  2d,  Joel,  Vermont  boundary  commissioner I,  232;  II,  81 

Pratt,  Mr. ,  counsel  for  New  York  in  London II,  657 

Presque  Isle,  I,  269,308;  bay  of 287 

reserved  to  the  State  of  Pennsylvania 301 

Presque  Isle  in  St.  Lawrence  River II,  51 

PrestonMt II,  421,  488 

Prince's  Bay,  S.I I,  287 

Prince,  Thomas,  Commissioner  of  United  English  Colonies II,  226 

Provinces,  12;  Royal,  in  America . I,  41 

Provoost,  David,  New  York  boundary  commissioner II,  279,  303 

Prudence  Island,  patent'  for,  as  Sophy  Manor,  issued,  I,  49;  Indian  name 

for ib. 

purchased  from  the  Indians 49 

to  be  under  the  government  of  New  York ■  50 

Pruyn,  J.  V.  L.,  Chancellor  of  the  University  of  New  York I,     3,  336 

Pudding  Hill II,  416 

Purdy,  John,  monument  near  house  of II,  341 

Pynchon,  William,  Massachusetts  boundary  commissioner II,  94 

Q. 

Quackenbos,  Mr I,  145 

Quaker  Hill II,  420,  487 

Quebec,  Province  of I,  100,  103,  110 

limits  of,  established I,  73,  81,  87,  97 

extended  to  Lake  Erie 88 

and  New  York  boundary  line 98 

to  be  ascertained  by  Sir  Henry  Moore II,  1  et  seq. 

claims  of,  to  New  York  lands,  2;  not  given  up  by  consent  jointly  to  run 

the  New  York  and  Quebec  line 35 

Council  of,  minutes  of,  relative  to  the  New  York  boundary  line 33,  36 

money  to  defray  expenses  of  New  York  surveyor  of  Quebec  line,  to 

be  sent  to 19 

Quebec,  the,  bill,  I,  90,  93;  hastily  drawn 94 

Queens  County,  boundaries  of I,    29 

Quissibis  Island II,    57 

R. 

Ram  Island I,  235;  II,  566 

Ramapo  River II,  792 

Ramapo  Mountains II,  798 

Ramsay,  delegate  from  South  Carolina I,  173 


854  Index. 

PAGB. 

Randolph,  Peyton,  Royal  boundary  commissioner II,  772  n 

Rankokus  Kil II,  599,  758 

RaritanBay I,  285,  236;  II,  566 

Ratzer,  Mr.,  employed. on  the  New  York  and  Canada  line II,      5 

Raynol,  Captain  Nicholas I,     44 

Read,  John,  Connecticut  boundary  commissioner II,  263 

Reading,  John,  New  Jersey  and  New  York  boundary  commissioner II,  611 

Redhook,  Dutchess  county II,  205 

Red  Jacket,  Life  of,  quoted I,  333 

Reed,  George II,  193 

Regents  of  the  University,  see  New  York. 

Reid,  James  R. ,  delegate  from  Pennsylvania I,  290 

Rensselaerwyck,  Manor  of I,  29,  30;  II,  115 

granted  by  James  II I,     75 

Rhode  Island I,  33,  53,  74,  1 22 ;  II,  103 

boundaries  of 269 

Richard,  Paul,  Captain,  of  New  York  General  Assembly,  II,  110;  New  York 

eastern  boundary  commissioner 113 

Richards,  Mr.,  Connecticut  boundary  commissioner I,  24;  II,  227 

Richbells I,     28 

Richelieu  River II,     62 

Richford,  astronomical   station  during  survey  of  United  States  northern 

boundary  line,  1845 , II,     61 

Richmond,  County  of,  New  York,  boundaries  of I,     29 

Richmond,  Mass II,  211 

Ridgefield,  town  of,  Connecticut II,  268,  345,  468 

people  of.  hitherto  under  Connecticut,  petition  for  patents  from  New 

York 351 

Ridgefield  Angle II,  391,  467  et  seq. ;  484,  489  et  seq. 

near  the  house  of  Tim  Jones II,  485 

Ringwood  Brook • II,  793 

Ringwood  Iron  Works .. . II,  798 

Rittenhouse,  Benjamin,  compass  made  by II,  206 

Rittenhouse  David I,  262  et  seq.,  274,  314 

appointed  United  States  commissioner  to  run  New  York  and  Massa- 
chusetts line I,  232 ;  II,  1 96 

Pennsylvania  and  New  York  boundary  commissioner 200 

runs  New  York  and  Massachusetts  line,  205  et  seq. ;  Pennsylvania 
commissioner,  I,  234,  247  et  seq.,  254;  appointed  to  determine  north- 
ern boundary  of  Pennsylvania 258 

sketch  of  the  services  of 278 

letters  from,  to  Governor  of  Pennsylvania,  260;  to  J.  Irving 261 

letter  to,  from  Pennsylvania  commissioners 269 

Roberval,  Lord  of  Norumbega II,    65 

Robin's  Island L  235;  II,  566 

Robinson,  Andrew,  Surveyor  General  of  West  New  Jersey II,  601,  629,  663 

determines  41°  N.  L.  on  Hudson  River 602 

Robinson,  George,  buildings  of,  burnt  by  New  York  people II,  119 

Robinson,  Lucius,  G6vernor  of  New  York,  message  from,  to  Legislature. . .  II,  580 


Index.  855 

PAGE. 

RockCreek 1,194 

Rockingham,  Lord I,     94 

Roeloff  Jansens  Kil I,  29;  II,  359 

Roosevelt,  Mr I,  144 

Root,  Jesse I,  223 

Ross,  George,  Vice-President  of  Pennsylvania I,  305 

Roswell,  Sir  Henry,  grant  to,  by  Plymouth  Colony II,   103,  181 

Round  Mountain II,  417 

Rouse's  Point II,     61 

Rowe's  Island II,     51 

Rowley,  Joseph II,  211 

Royal  orders  confirming  the  agreement  between  New  York  and  Connecti- 
cut of  1683 1,58;  II,  251,  252 

fixing  the  boundary  between  New  York  and  New  Hampshire I,     82 

on  the  New  York  and  Canada  line II,      6 

confirming  the  New  York  Act  for  ascertaining  New  York  and  Connec- 
ticut line  of  1719 299 

concerning  the  New  York  and  New  Jersey  boundary 774 

Royal  Proclamation  determining  the  boundaries  of  Quebec I,     87 

Rupert,  Vermont I,  227;  II,     85 

Rutherford,  Walter,  New  Jersey  boundary  commissioner,  I,  235;  II,  750, 

769etseq.,  780 

Rutland,  Vermont II,     84 

Rutland  County 87 

Rutledge,  John,  delegate  from  South  Carolina I,  170,  173 

declines  appointment  to  Federal  Court II,  193 

Ryan's  Island II,    57 

Ryder,  Robert,  surveyor II,  237 

Rye,  Westchester  County I,  58  et  seq. ;  II,  244,  251,  257 

claimed  by  Connecticut 238 

New  York  and  Connecticut  boundary  commissioners  to  meet  at 257,  303 

letter  from  Governor  of  Connecticut  to  inhabitants  of 246 

encouraged  to  revolt  by  Connecticut 284,  475,  508 

Ryswick,  peace  of II,     65 

s. 

8aco,Me II,  65 

Saddle  Back II,  59 

Saddle  River II,  780,  792 

Sagadahock,  Territory  of . .  I,  32,  46,  53,  54 

jurisdiction  of  the  courts  of,  reduced 35 

See  Pemaquid. 

St.  Clair,  Arthur,  United  States  Indian  commissioner I,  304,  333 

St.  Croix 1,10,  22,  23,41,  47,  51;  II,  564 

territory  between,  and  Pemaquid  granted  to  Duke  of  York 44 

St.  Croix  Island H,  65 

St.  Croix  River,  H,  52;  source  of,  starting  point  of  United  States  northern 

boundary II,  56 

St.  Francis  River II,  19,  20,  56,  58,  60 


856  Index. 

PAGE. 

St.  George,  Me.,  destroyed  by  Indians I,    42 

St.  George  River II,  65  et  seq. 

St.  Germain,  Treaty  of I,     43 

St.  John,  Nathan,  of  Ridgefield II,  351 

St.  John  River I,  87;  II,  56,     58 

islands  in 57 

grand  falls  of 62 

eastern  United  States  boundary  runs  along 67 

St.  Lawrence  River I,  64,  71,  76,  87,  91, 103,  110  et  seq.,  113,  115,  118, 

121,  152,  233;  II,  14,  20,  50,     56 

called  Ontario  River I,     69 

northern  boundary  line  of  New  York 81 

islands  in II,     51 

St.  Regis,  Indian  village  of II,  50,  61 

astronomical  station  at,  in  1845 63 

Salem,  Vt II,    84 

Salem,  North ." II,  468,  468 

Salem,  South II,  417 

Salisbury,  Town  of II,  465,  489 

Salmon  Falls I,     78 

Salmon  River =. II,     64 

Saltonstall,  Gordon,  Governor  of  Connecticut,  II,  304,  326;  letter  from,  to 

Governor  of  New  York II,  268,  270 

Samaset  (Sammerset),  Sagamore  of  Pemaquid I,    43 

Sandgate.Vt 1,227;  II,  84 

Sandy  Hook I,  66,  70,  103,  235;  II,  565 

Sandy  Point II,  599 

Sandy  Stream  Mourlain II,    59 

Sarah  Bishop's  Mountain II,  418  et  seq. ,  425,  490 

Sarraghtoga I,  29,  30 

Sauthier,  Claude  Joseph,  deputized  in  Vallentine's  place  to  run  New  York 

and  Quebec  line II,  27,  37  et  seq.,  41  et  seq. 

Savage's  Island ' II,     57 

Savage  &  Johnson's  Island II,    57 

Sawyer's  Creek I,     29 

Saxton,  Frederick,  representative  of  Phelps  &  Gorham I,  316,  322 

Say  and  Seal,  Lord,  grantee  of  Connecticut II,  564 

Scarborough,  Me I,     33 

Schagticoke  Mountains II,  420-2,  488 

Schenectady I,  29,    62 

Schuyler,  Peter,  President  of  New  York  Council  and  acting  Governor, 

II,  618,  621,  653,  741 
letter  from,  to  Lords  of  Trade,  II,  640;  letter  to,  from  President  Morris         643 

Schuyler,  Phil.,  New  York  boundary  commissioner I,  259;  II,  153,  182,  183 

present  at  the  survey  of  New  York  and  Massachusetts  line 205 

letters  from,  to  the  New  York  Legislature I,  137 

letters  from,  and  G.  Bancker,  to  Governor  Clinton 189 

Schuylkil  River I.  308,  II,  653 

Scot,  Mr.,  attorney  for  New  York  in  Jersey  boundary  disputes II,  677 


Index.  857 

PAGB. 

Scott,  Mr.,  delegate  in  Congress I,  311 

Scott,  John  Morin,  owner  of  land  in  district  disputed  by  New  Jersey II,  745 

New  York  boundary  commissioner II,  763,  774,  779 

Scudder,  Hy.   J.,  letters  from,  to  J.  L.  Cadwalader,  II,  574;  to  Attorney 

General  Faircbild 578 

Seaman,  Benjamin,  New  York  boundary  commissioner II,  153,  757 

Sedgwick,  Theo.,  Massachusetts  boundary  commissioner,  II,  180,  187; 
reappointed,  198;  present  at  the  survey  of  New  York  and  Massa- 
chusetts line 205 

Seneca,  River  first  settlement  of  the  Iroquois  on  the I,  110 

Seymour,  Henry,  New  York  boundary  commissioner I,  235 

Seymour,  Horatio,  Jr.,  State  Engineer  and  Surveyor  of  New  York II,  584 

Seymour,  Mathew,  of  Ridgefield II,  351 

Seymour,  Thomas 1,223 

Shaftsbury,  town  of,  Vt I,  227;  II,     82 

Sharon,  Conn II,  422,  465,  488 

Sharon  Valley II,  422 

Sharp,  Thomas,  commissioner  for  Pemaquid I,     37 

Sheaffe,  Edward,  Massachusetss  boundary  commissioner II,  158 

Sheep  Island II,    51 

Sheepscot,  in  County  of  Canada,  afterwards  Territory  of   York,  I,  41; 

called  New  Castle ib. 

records  of,  lost I,    39 

early  settlement  of 40 

Sheepscot  Farms,  Me I,  32,  33,  34 

Sheepscot  River I,  40,  44 

Pott  on 41 

Sheffield,  Town  of,  Mass . II,  122 

lands  west  of,  claimed  by  Massachusetts 110,  119 

Sheik's  Island II,     50 

Shelburn,  Earl  of,  Secretary  of  State  under  George  III I,  212 

letters  to,  from  Sir  H.  Moore 2,  3,  5 

letter  from,  to  Governor  Moore  of  New  York 155 

Sheldon,  Mass II,  116 

Shelter  Island I,  29,  235;  II,  566 

Sheperd's  Pond II,  798 

Sherborne,  Town  of,  Nantuckett  called I,     48 

Sherman,  Daniel I,  60;  II,  256,  265 

present  at  the  survey  of  the  New  York  and  Connecticut  line 247 

Sherwood,  Daniel,  of  Ridgefield II,  351 

Shirley,  VV.,  Governor  of  Boston,  arrived,  II,  118;  letters  from,  to  Gov- 
ernor Clinton,  121;  to  Lieutenant  Governor  of  New  York,  131,  136; 

letter  to,  from  same 144 

Shooter's  (Shutter's)  Island I,  29,  235,  237;  11,566 

Sill,  Richard,  New  York  commissioner  in  the  New  Hampshire  controversy,    I,  225 

Silleck,  John II,  248,  251,  256,  265 

Silleck,  Captain  Jonathan,  I,  60;  Connecticut  boundary  commissioner,  H, 

232 ;  present  at  the  survey  of  the  New  York  and  Connecticut  line. . .         247 
Simmons,  George  A.,  opinion  of,  on  New  York  and  Connecticut  line,  II,  426  et  seq. 


858  Index. 

PAOB. 

Sitgreaves,  John,  of  North  Carolina,  Judge  of  the  Federal  Court II,  193 

Skein,  Major II,     17 

Skene,  John,  Deputy  Governor  of  Western  New  Jersey II,  601 

Skinner,  Francis,  appointed  commander  at  Pemaquid I,     36 

Slack,  Young II,     18 

Slough ter,  Henry,  Governor  of  New  York,  I,  72;   circular  letter  of,  to  the 

Governors  of  the  other  Provinces I,     62 

Slut,  II,  793 

Smith,  Albert,  United  States  boundary  commissioner  under  treaty  of  1842,  II,  53,  55 

letter  from,  to  Secretary  of  State II,     54 

Smith,  Eben.,  of  Ridgefleld I,  164;  II,  351 

Smith,  Elias II,  486 

Smith,  Isaac II,  193 

Smith,  Captain  John,  map  of  Virginia  by II,  653 

Smith,  Joseph,  deputy  surveyor  under  Benzel II,      8 

Smitk,  Melancbton,  delegate  from  New  York,  I,  184;  boundary  commis- 
sioner, 215;  New  Hampshire  controversy  commissioner 225 

letter  from,  and  J.  Lawrance  to  Governor  Clinton II,  199 

Smith,  Samuel,  of  Ridgefleld II,  351 

Smith,  Thomas,  of  Ridgefleld II,  351 

Smith,  William,  Member  of  New  York  Council,  II,  673,  706;  boundary 

commissioner I,  209 ;  II,  139 

Smith,  William,  Jr.,  New  York  boundary  commissioner. II,  153,  156 

Smith,  Mr. ,  Member  of  New  York  Assembly I,  145 

Smith,  delegate  from  Pennsylvania I,  173 

Smithfleld I,    29 

Smoky  Mountain I,  194 

Smugglers'  (Dry)  Island II,     51 

Snediker,  Theodor,  Member  of  General  Assembly  for  Orange  County II,  655 

Sneydon's  House II,  754 

Sodom  Corner II,  486 

Sodom's  Creek I,  105 

Solomon,  Seneca II,  486 

Sophy  Manor,  Prudence  Island  erected  into I,     50 

Sorell  River,  I,  113;  also  called  Riviere  des  Iroquois.. 76 

point  on,  fixed  as  northern  limits  of  New  York II,      3 

Southampton,  L.  I I,     29 

Southold,  L.  I I,     29 

South  Partition  Point II,  766 

South  River,  Delaware II,  101 

Spaight,  delegate  from  North  Carolina '. I,  181 

Sparr  Kill II,  791 

Spencer's,  near  the  Oblong  Corner II,  182,  205 

Spider  River II,     89 

Spoor,  Jacob II,  177,  210 

Spragg,  Mr. ,  Secretary  of  the  Province  of  New  York I,     28 

Springfield,  Mass.,  when  settled II,  119,  128 

Spuyten  Duyvil  Creek I,  J236 

Squaw  Island II,    52 


Index.  859 

PAGE. 

Stamford,  Conn.,  I,  59,  73;  II,  225,  565;  claimed  by  Connecticut 238 

Standford II,  794 

Staten  Island I,  29,  66,  70,  235  et  Soq. ;  II,  566 

inhabitants  of,  informed  that  they  belong  to  New  York,  598;    New 
Jersey  exercises  authority  over ib. 

smuggling  to,  600;  Quakers  disturbing  the  people  of,  ib.;  population  of,  ib. 

lands  on,  granted  to  Gov.  Dongan  by  New  Jersey 629 

States  General  of  the  U.  B.  Provinces I,     62 

resolution  of,  on  discovery  of  New  Netherland,  5;  charter  of,  to  W.  I. 

Co.,  6;  letter  from,  to  W.  I.  Co 7 

Station  Brook II,  613,  623 

Steel,  James II,  614 

Steel,  Martin ' II,  791 

Stevens,  John,  New  Jersey  boundary  commissioner I,  235;  II,  751,  769,  780 

Stewart,  Charles,  Royal  boundary  commissioner II,  769  et  seq. 

Stirling,  Alexander,  Earl  of,  proprietor  of  County  of  Canada I,    41 

and  Sir  F.  Gorges  convey  Duke's  County  to  Thomas  Mayhew 48 

Stirling,  Henry,  last  Earl  of,  II,  3<i8;  Duke  of  York  agrees  to  pay  a  pension 

for  his  Long  Island  claim 371 

Stirling,  William,  second  Earl  of II,  369 

petitions  for  recompensation  for  Long  Island II,  368  et.  seq. 

Stirling,  William,  Alexander,  first  Earl  of, 'first  grantee  of  Long  Island, 

II,  368;  report  on  the  claim  of,  to  Long  Island,  249;  cedes  his  claim  to 

Duke  of  York 253 

Stirling,  Lord II,  781 

Stockbridge,  Town  of,  Massachusetts II,  122 

Stoddard,  John,  Massachusetts  boundary  commissioner II,  88,     94 

Stone  Mountain I,  194 

Stoney  Island II,     52 

Stormont,  Lord, II,     67 

Stoughton,  Lieutenant-Governor  of  Massachusetts II,     65 

Stratford  Point II,  564 

Stratford  River I,    71 

Strawberry  Island II,     52 

Strong,  Caleb,  [,  323;  Massachusetts  boundary  commissioner II,  180,  187 

Stuyvesant,  Peter,  Governor  of  New  Netherlands I,  101 ,  225 

Suffolk,  County  of,  New  York,  boundary  of,  I,  29;  Fisher's  Island,  part  of,     I,     52 
Sullivan,  .lames,  Massachusetts  boundary  commissioner I,  216 

agent  of  Massachusetts  before  Congress II,  190,  193 

Sullivan,  John I,  322 

Susquehannah  Purchase ,, I,  157 

Susquehanna  River,   1,23,   112,  249  et  seq.,  268;    II,  623,  631;    naviga- 
tion of  I,  284,  308 

Sussex  County,  Del I,  50;  II,  764 

Sussex  County,  N.  J II,  781 

Swartwout,  Jacobus,  Major  and  J.  P.  in  Orange  County,  imprisoned  by 

New  Jersey II,  723 

Swartwout,  Thomas II,  664 

lives  at  Penpeck,  near  an  Indian  town 613 


860  Index. 

PAGE 

Swartwout,  Mr II,  617 

Swartwouts,  the,  quarrels  between,  and  New  Jersey  settlers II,  665,  670 

Sweetara  River I,  308 

Symes,  Lancaster,  one  of  the  patentees  of  Minisinck II,  615 

Syracuse,  N.  Y I,  335 

T. 

Tachereau's  house  on  Kennebec  road II,    59 

Tackanock  Mountains II,  859  et  seq. ,  365,  422,  466,  493 

Taghkanic  Mountains I,  231 

Taliaferro,  Benjamin,  delegate  from  Georgia I,  196 

Tappan,  II,  602,  790;  said  to  be  in  Jersey  by  Governor  Dongan 633 

Tappan  Patent II,  693 

Tappan  Creek II,  619,  629,  635,  662  et  seq. ,  693 

Tarbell,  Jon'n  of  Essex  County,  N.  Y„  boundary  commissioner II,  387 

Taylor,  Mr I,  114 

Tegerhunkserode  hill .     I,  105 

Tejughsakrondie,  Indian  name  for  Detroit  and  Lake  Erie I,  107 

French  fort  at ib. 

TenBroek,  Mr I,  146 

Ten  Broek,  Abr.,  New  York  boundary  commissioner II,  158 

Ten  Mile  River II,  420,  465  et  seq. 

Tetendale,  a  place  on  the  Machackemack  River II,  613 

Tbames  River I,     70 

Thaxter,  Samuel,  Massachusetts  boundary  commissioner II,  88,     93 

Thibideau's  Islands II,    57 

Thomas,  John,  of  Ridgefield,  II,  351;  appointed  New  York  Eastern  bound- 
ary commissioner 1 13 

Thompson,  Smith,  New  York  boundary  commissioner I,  232 ;  II,    80 

Thompson,  Weston I,     43 

Thomson,  Charles,  Secretary  of  Congress 1, 164,  294 

Three  Rivers II,    20 

Thr«g's  Neck II,  566 

Thydsa  River I,  268 

Tibbits,  George,  New  York  boundary  commissioner I,  232;  II,    80 

Tibbits' Island II,    51 

Tichenor,  Isaac,  Governor  of  Vermont,  letter  from,  to  S.  Williams II,     44 

Tick  Island II,    51 

Ticonderoga I,  77;  II,     17 

Tioga  River I,  234,  263 

Titicus  River II,  418 

Trade,  Lords  of,  address  of,  to  the  Queen  on  the  sovereignty  over  the  Five 

Nations I,     65 

extract  from  the  journal  of  proceedings  of,  on  the  New  York  and 
Massachusetts  boundary  line II,  147  et  seq. 

representation  of,  to  the  King  on  the  New  York  and  Massachusetts 
boundaries 148  et  seq. 

answers  to  questions  put  by,  to  Governor  of  Connecticut 235 

representation  by,  of  the  state  of  British  American  Colonies  in  1721. .  269 


Index.  861 

Trade  —  Continued.  page. 

representation  by,  as  to  land  grants  in  New  York 273 

report  by,  to  tbe  King,  advising  a  vet©  of  New  Jersey  act  for  run- 
ning, etc 656  et  seq. 

consider  New  York  act  of  1754  improper 730 

letters  from,  to  Lord  Cornbnry,  I,  51;  Secretary  Vernon,  63;  Lt.  Gov. 
Clark,  II,  96;  Gov.  Hardy,  145,  147;  Lt.  Gov.  Delancey,  157,  689; 
Lord  Treasurer,  253;  Gov.  Burnet,  324;   Lord  Bellomont,  603;   Lord 

Justices 730 

letters  to,  from  Sir  Hy.  Moore,  II,  1,  2,  5;  Lt.  Gov.  Delancey,  94,  98, 
150,  151,  671,  687,  689,  713;  Gov.  Hardy,  145, 146,  732,  734;  Lt.  Gov. 

Golden,  151 ;  Gov.  Burnet,  290;  Col.  Peter  Schuyler,  640;  Gov.  Clinton,  648 

Trade  with  the  Indians I,     64 

Treat,  Robert,  Governor  of  Connecticut I,  58;  II,  264 

letter  from,  to  inhabitants  of  Rye II,  246 

letter  to,  from  Gov.  Dongan,  II,  241 ;  appointed  commissioner  to  treat 

with  Gov.  Dongan  about  the  boundary 242,  243 

Trent,  William I,  135,  166 

Trenton,  decree  of I,  198 

Troich  Sachronde,  Indian  name  for  the  Straits  of  Detroit I,  106 

Trout  River,  astronomical  survey  station  in  1845,  on II,     61 

Trumbull,  Jonathan,  Governor  of  Connecticut I,  201 

Trumbull,  Mary,  one  of  the  heirs  of  Henry,  Earl  of  Stirling II,  368 

Tryon,  County  of,  N.  Y II,     20 

Tryon,  William,  Governor  of  New  York II,  16  et  seq. 

report  of,  concerning  the  Province I,  100 

message  from,  to  tbe  Provincial  Legislature 211 

message  of,  applying  for  money  for  the  survey  of  New  York  and 

Quebec  line II,    24 

goes  to  Canada  to  hasten  survey  of  New  York  and  Quebec  line 32 

messages  from,  to  General  Assembly 41,    42 

letters  from,  to  Alexander  Colden,  II,  12;  Lieutenant-Governor  of 
Quebec,  32,  36;  Governor  Hutchinson,   176;    William  Nicoll,  176; 

Lord  Dartmouth 788 

letters  to,  from  Lieutenant-Governor  of  Quebec,  26,  35;  J.  Collins,  37; 

Lord  Dartmouth,  175,  787;  Governor  Hutchinson 177 

Tulpehocon  River I,  308 

Turtle  Island II,     57 

Tussiu  (Coussou)  Islands   II,    51 

Two  Brothers'  Islands I,    80 

Two  Heroes,  Islands  in  Lake  Champlain  called 1,  227,  233 

Two  Islands I,     30 

U. 

Ulster  County II,  674,  675 

organized  and  boundaries  of I,    29 

Uincoy  (Unaka)  Mountains,  North  Carolina .'. I,  194 

United  Company  of  (Dutch)  merchants I,      5 

United  States,  act  of  the,  for  the  admission  of  Vermont I,  229 

Departments  of  State  and  Treasury,  correspondence  with,  relating  to 

the  missing  report  of  A.  Ellicott 316,  317,  323 


862  Index. 

United  States — Continued.  iasb. 

letters  patent  by,  for  Lake  Erie  Triangle 331 

treaty  of  peace  between,  and  England,  articles  in  relation  to  Northern 

boundaries II,     49 

treaty  with  England  of  1842  relating  to  Northern  boundary  line 52 

report  of  Secretary  of  State,  with  report  of  United  States  boundary 

commissioners 53  et  seq. 

commissioners  for  New  York  and  Massachusetts  line,  letters  from,  to 

New  York  and  Massachusetts  commissioners 197  et  seq.,  200 

Constitution,  History  of,  by  Curtis,  quoted 1,  201  et  seq. 

Congress  determines  the  northern  boundaries I,  114 

action  of,  regarding  the  boundaries 114,  et  seq. 

instructions  of,  to  United  States  Ministers  concerning  the  boundaries. .  117 

opinions  in,  on  the  extent  of  the  several  States 121  et  seq. 

action  of,  on  the  boundaries  of  States 122  et  seq. 

delegates  of  New  York  to,  instructed 151 

action  of,  in  regard  to  the  New  York  act  of  cession 154  et  seq. 

circular  to  States  from  President  of 156 

action  of,  on  the  cession  of  land  by  New  York,  Virginia  and  Connecti- 
cut on  petition  of  several  land  companies 166 

accepts  the  cession  by  New  York,  172,  by  Connecticut  and  Virginia 

I,  188  et  seq. 

resolution  by,  concerning  public  credit 175 

resolution  of,  regarding  Western  territory 181,  190 

address  by,  to  the  States  concerning  public  credit 176 

action  of,  on  the  North  Carolina  acts  of  cession  and  repeal 187 

accepts  the  cession  of  Western  lands  by  South  Carolina,  192;  by  North 

Carolina,  195;  by  Georgia 197 

proceedings  in,  on  purchase  of  land  on  Lake  Erie  by  Pennsylvania 294,  295 

proceedings  in  relation  to  determining  the  Western  boundary  of  New 

York 311  et  seq. 

assents  to  cession  of  Fair  Haven  by  Vermont  to  New  York II,     87 

proceedings  in,  relating  to  the  New  York  and  Massachusetts  boundary 

question,  181 ;  notice  to  the  two  States  to  appear  before ib. 

proceedings  in,  while  sitting  as  court  to  hear  agents  of  New   York  and 

Massachusetts  on  the  boundary  dispute 189  et  seq. 

appoints  a  Federal  court  to  hear  and  decide  the  New  York  and  Massa- 
chusetts boundary  case 193 

action  of,  relating  to  appointment  of  Federal  court  for  the  New  York 

and  Massachusetts  boundary  case 195  et  seq. 

appoints  Commissioners  to  run  New  York  and  Massachusetts  line 196 

assents  to  cession  of  Boston  Corner  to  New  York 223 

joint  memorial  of  Governors  of  New  York  and  Connecticut  to 595 

eastern  boundaries  of,  to  run  along  St.  John's  River II,     67 

History  of,  by  Hildreth,  I,  206  et  seq. ;  by  Bancroft 208 

northern  boundaries  of,  decision  of  commissioners  on II,  49  et  seq. 

maps,  etc.,  of,  destroyed  by  fire,  54;  copies  obtained  in  London . .  ib. 

report  of  joint  commissioners  on 55  et  seq. 

monuments  placed  on 57  et  seq. 

line  of  1842  same  as  of  1772-4 60 


Xndex.  863 

United  States  —  Continued.  pagk. 

inscription  on  rock  in  the  line  of 61 

maps  of 62 

determination  of,  described  from  Canadian  standpoint 65,  75 

peace     commissioners,      report      of,     on     negotiations      concerning 

boundaries I,  120 

See  Acts. 

Upper  Sault  (Baxter's)  Island II,     51 

Utrecht,  Treaty  of I,  66,  67,  71,  101,  113 

Y. 

Vallentine,  Mary,  petitions  for  payment  of  money  due  to  her  husband. .  II,  41,  42 

Vallentine,  Thomas,  a  gardener II,     19 

deputized  by  Alex.  Colden  to  survey  New  York  and  Quebec  line,  15; 

letters  from,  to  Alex.  Colden 14,  16,  17,  18,  21,  22 

too  ill  to  continue  the  survey,  26;  C.  J.  Sauthier  deputized  in  his  place,  28 

report  of,  missing '61  et  seq. 

dead 41 

line  run  by,  and  John  Collins 56 

letters  from,  to  Gov.  Tryon,  II,  20;  to  Lieutenant-Governor  of  Quebec, 

II,  25;  letter  to,  for  A.  Colden II,     29 

Van  Camp,  Abr.,  Colonel  of  Sussex  County,  N.  J. ,  militia II,  710,  715 

Van  Campen,  Jacob,  monument  set  up  near  the  house  of II,  364 

Van  Cortlandt,  Pierre,  Lieutenant-Governor  of  New  York I,  161 

Vandalia,  I,  134;  claimed  by  Thomas  Walpole 135 

Vandalia  Company  before  United  States  Congress I,  167 

Van  Dam,  Kip,  President  of  New  York II,    93 

member  of  New  York  Council 621 

Vanderbilt,  Mr.,  New  York  State  Senator II,  217 

Vanduersen,  Matthew,  II,  116;   Robert,  II,  116,  127;  Johannes II,  116,  127 

Vandusen  Pond. .   II,  798 

Van  Rensselaer,  John,  complains  of  encroachments  upon  his  manor II,  109 

Van  Tienhoven,  Cornelius II,  565 

Van  W  aggener II,  616 

Varick,  Richard 1,229 

Vermont,  I,  113,  121 ;  occupied  by  the  Iroquois I,  112 

admission  of,  opposed  by  other  States 122 

erected  into  a  State,  221;  boundaries  with  New  York  defined 227 

admitted  into  the  Union 229 

act  passed  by,  for  ascertaining  northern  boundary II,     43 

astronomical  observations  relative  to  northern  boundary  of 46  et  seq. 

determination  of  the  line  between,  and  New  York 80 

part  of  Fairhaven  annexed  to  New  York  by  act  of 87 

See  Acts. 

Vernon,  Secretary,  letter  to,  from  Lords  of  Trade I,     63 

Verplanck,   Gulian,    New   York  Commissioner  in    the    New  Hampshire 

controversy I,  225 

Verplanck,  Samuel II,      7 

Verplanck's  Point II,  390 

See  Courtland  Point. 


864  Index. 

PAGE. 

Villebon,  Governor  of  Arcadia II,    65 

Virginia,  I,  5,  8,  9,  26,  154;  boundaries  of,  7,  41 ;  patent  of,  in  1606 41 

western  claims  of,  opposed  by  other  States 122 

remonstrance  of  the  General  Assembly  of 136 

General  Assembly  of,  resolves  to  cede  lands  to  United  States,  I,  159; 

action  of  Congress  on  same ^ 166,  190 

recognizes  the  jurisdiction  of  New  York  over  Six  Nations 168 

cession  of  lands  by,  considered  by  Congress 178 

act  of  cession  of  western  lands  by,  179;  cession  accepted  by  Congress,         181 

Smith's  map  of II,  653 

See  Acts. 

Voorhouse II,  794 

Vorklain,  Robert,  commissioner  for  New  York I,     61 

Vors,  Philipp '. II,  792 

Vosburgh,  Abraham I,  232 

Vrooman,  Mr I,  142 

w. 

Wabash  Company  before  United  States  Congress I,  167 

Wabash  River II,     66 

Wading  Place II,  262,  275,  335,  341-3,  390  et  seq. ,  425,  463 

Wadsworth,  Jer I,  223 

Waghakamack,  Wagachemack II,  719,  723 

declared  by  act  to  be  in  Ulster  County II,  675 

Wakeman,  Joseph,   of  Fairfield  Conn.,  boundary  commissioner,  II,  254; 

reappointed 256,  262,  327 

Wakeman  Hill II,  420 

Wallace,  Gamaliel I,  232;  II,    82 

Waldrop,  Alex. ,  commissioner  for  Pemaquid I,     37 

Wall  Kill II,  795 

Walloomsak  River II,     83 

Walpole,  Thomas,  claims  the  tract  of  Vandalia I,  135 

Walter,  Robert,   New   York  and    New  Jersey  boundary  commissioner, 

II,  607  et  seq.,  6<22,  625,  639.  740,  767 

second  judge  of  New  York 666 

Walton,   Richard.    Captain,   of    New  York  General  Assembly,    II,   110; 

appointed  eastern  boundary  commissioner 113 

Walton,  Mr.,  of  Maryland I,  163 

Wannemaker,  Derick II,  792,  798 

Warwick,  Earl  of,  patentee  of  Connecticut II,  564 

Washington,  George,  at  Fort  Necessity II,     67 

letter  from,  to  William  Grayson I,  189 

letter  to,  from  A.  Ellicott 319 

Watango  River I,  194 

Waterbury,  David,  Connecticut  boundary  commissioner II,  251 

Watts,  John,  New  York  boundary  commissioner,  I,  209;  Speaker  of  the 

New  York  Provincial  Council II,     25 

member  of  New  York  General  Assembly,  II,  110;  appointed  Eastern 
boundary  commissioner 113 


Index.  865 

PAGB. 

Wawayanda  Act I,     99 

Wawayanda  Kill II,  795 

Wawayanda  Patent II,  680,  693  et  seq. 

claims  of  owners  of,  examined 673  et  seq. 

bounded  on  the  Jersey  line 687 

owners  of,  petition  New  York  ( Jouncil 690 

report  on  the  petition  in  New  York  Assembly 704  et  seq.,  714 

memorial  of  owners  of,  to  General  Assembly  ordered  printed 736,  et  seq. 

Wawyacktenock  (Detroit) I,  106 

Webb,  Joseph I,  223 

Wells,  Samuel,  New  York  boundary  commissioner  by  Massachusetts. .  II,  122,  135 

Wells,  Phillip,  Surveyor  General  of  New  York II,  601,  628,  663,  767 

instructions  for,  601 ;  determines  41°  N.  L.  on  Hudson's  River 602 

New  York  boundary  commissioner I,  61 ;  II,  248,  256,  265 

Wells'  Island II,     51 

Wells,  town  of,  Vermont I,  ^26;  II,     86 

Wendell,  Jacob,  Massachusetts  boundary  commissioner,  II,  94;  of  Massa- 
chusetts General  Court II,  111 

Wentz,  C.  W.,  of  Albany,  New  York  boundary  surveyor II,  389 

report  of 412  et  seq.,  464 

Wentworth,  Benning,  first  Governor  of  New  Hampshire I,  77  et  seq.,  85 

Werden,  Sir  John,  Secretary  to  Duke  of  York,  letters  from,  to  Governor 

Andros,  I,  26;  II,  233,  234;  letter  to,  from  Governor  Dongan II,  600 

West,  William I,  262 

Westchester,  County  of I,  25 ;  II,  257 

boundaries  of I,     29 

Justices  of,  ordered  to  stop  proceedings  against  Greenwich  officers. ...  II,  326 

Westenhook  Patent II,  104,  140 

when  granted 1,     75 

in  dispute  between  New  "York  and  Massachusetts II,  90,  100 

Westenhook  River,  I,  71 ;  now  Housatonic  River II,  144 

Western  lands  to  contribute  to  pay  public  debt I,  170 

Western  Reserve  of  Connecticut I,  198 

Western  Territory,  the I,  121 

Westfalls,  quarrels  between  the,  and  New  York  settlers  on  the  Jersey  line, 

II,  665,  670 
the  land  owned  by  the,  under  New  Jersey,  claimed  to  be  in  Minisink 

Patent II,  680 

Westfall's  Mill II,  796 

West  India  Company,  extract  from  charter  of,  I,  6 ;  letter  from,  to  States- 
General  7 

Westminster,  Treaty  of,  1674 I,  34;  II,  65,  757 

Wharton,  delegate  from  Delaware I,  173 

Wheeler,  Perry II,  487 

Wheelock's  Island II,    57 

Whipple,  A.  W.,  Lieutenant,  U.  S.  A II,    54 

Whiting,  Jason,  of  Litchfield,  Conn.,  boundary  commissioner IT,  385 

Whitten,  John II,  211 

Whore  Kills,  the,  see  Cape  Henlopen I,     50 

55 


866  Index. 

PAGB. 

Wickham,  William,  New  York  boundary  commissioner,  I,  235;  II,  756,  776  et  seq. 

Wileman,  Henry,  one  of  the  patentees  of  Minisinck II,  615 

Wilkinson,    James,    Pennsylvania  commissioner  to   investigate  northern 

boundary I,  251 

Willett,  Gilbert,  New  York  boundary  commissioner I,  231 ;  II,  353 

Willett,  Thomas,  Netherland  boundary  commissioner II,  226 

Willett,  William,  New  York' boundary  commissioner II,  257,  264 

William  and   Mary  of   England,   I,  72;    grant  a  new  charter  to  Massa- 
chusetts   I,  52  et  seq. 

Williams,  Rev.  Samuel,  letter  to,  from  Governor  of  Vermont,  II,  44;  obser- 
vations on  northern  boundary  of  Vermont,  made  by II,  46  et  seq. 

assists  in  the  survey  of  New  York  and  Massachusetts  line II,  205  et  seq. 

Williamsburg,  Va.,  Federal  Court  on  the  New  York  and  Massachusetts 

boundary  case  to  meet  at II,  193,  196 

Williamson,  delegate  from  North  Carolina I,  173 

Williamson,  E II,  489 

Williamstown,  Mass II,  206,  211 

Willocks,   George,  New  Jersey  and  New  York  boundary  commissioner, 

II,  611,  622;  proprietor  of  East  New  Jersey 630,  740 

Willson,  Benjamin,  of  Ridgefield II,  351 

Wilsey,  Thomas I,  233;  II,     82 

Wilson,  J I,  166 

Wilton  Angle,  monument  at  the II,  491 

Windgin's  settlement,  Me. ,  destroyed  by  Indians I,     46 

Windham  County,  Vt I,     85 

Windmill  Point  on  Sorrel  River II,      3 

Windsor  County,  Vt I,     85 

Winegar,  Milton II,  488 

Winne,  Capt.  M.,  of  New  York  General  Assembly II,  705 

Winthrop,  John,  Governor  of  Connecticut,  I,  24;  II,  228,  234,  564;  obtains 

a  grant  of  Fisher's  Island I,     51 

Winthrop,  John,  Jr.,  Connecticut  boundary  commissioner I,  24;  II,  227 

Winthrop,  professor  of  Harvard  College II,  188 

Wiscasset,  Me I.     32 

Witherspoon,  delegate  from  New  Jersey I,  171,   173 

Wolcott,    Roger,    Connecticut  boundary  commissioner,  I,   231;   II,   256; 

reappointed 296,  326,  327,  354 

Woodbridge  Creek I,  237 

Woodbrige,  Jahleel,  Massachusetts  boundary  commissioner II,  198 

Woodchuck  Brook II,  795 

Wood  Creek,  country  on,  belongs  to  New  York I,  .76 

Worklain  (Vortlain)  Robert,  New  York  boundary  commisssioner,  II,  248,  256,  265 

Worthington,  John,  Massachusetts  boundary  commissioner II,  135 

Wyllys,  George I>  223 

Wynant,  Mr. ,  Member  of  New  York  Assembly II,  217 

Wythe,  George H,  193 


Index.  867 

Y 

A  •  PAGE. 

Yates,  R,  I,  114,  141,  146;  II,   182;  New  York  boundary  commissioner, 

I,  215;  II,  183;  commissioner  in  the  New  Hampshire  controversy 226 

Yellow  Mountain I,  194 

Yonkers,  NY II,  688,  701 

Yonkers'  land I,     28 

Yonckers' mill    11,602,619,  635 

Young,  author  of  "N.  A.   Colonies"  on  the  settlement  of  Canada  and 

United  States  boundaries II,     67 

Younge,  Captain,  of  Long  Island I,  24;  II,  228 

Youngs,  John,  boundary  commissioner  for  New  York I,  61 ;  II,  248,  256,  264 

York,  James,  Duke  of,  I,  72;  II,  661  etseq.,  750,  757;  New  Netherland 
granted  to,  I,  10;  releases  New  Jersey  to  Berkeley  and  Carteret,  23; 
Viceroy  of  all  the  English  territory  in  America,  33 ;  Maine  granted  to,  44 

agrees  to  pay  a  pension  to  Earl  of  Stirling  for  surrendering  claims  to 

Long  Island II,  371 

letter  to,  from  Governor  Nicolls 230 

letter  from,  to  Governor  Andros 232,  233 

York,  in  Maine,  territory  of,  I,  33;  assigned  to  Duke  of  York 41 


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